N. Combining New Sentences with Existing Sentences

Introduction

This topic outlines the potential effects of new sentences on existing sentences, and the implications that existing sentences may have on new sentences.

General information

The potential impact of interaction between any new and existing sentence must be considered before a recommendation to impose the new sentence is made.

The impact may result in the need to take action in respect of an existing sentence when a new sentence is imposed, or in the need to adjust the new sentence to take account of an existing sentence.

Any doubts about the potential implications of a proposed sentencing option must be discussed with the service manager, and reference must be made to the relevant legislative provisions.

Effect of new sentences on existing sentence

Be aware of any other current sentence, and the implications that the additional sentence may have on that sentence. In particular, consider the following factors:

• should any current sentence be cancelled
  Note: The legislation does not provide for the automatic cancellation of any current sentences when new sentences are imposed.
• will the imposition of the new sentence have any direct impact on an existing sentence.

Example: If the existing sentence is CD and the new sentence is supervision or intensive supervision, a probation officer will then be able to authorise absences from the CD sentence.

Potential impacts of existing sentence on new sentence

An existing sentence may have implications for the nature and/or management of any new sentence. In particular consider the following:

• are there any restrictions or specific provisions that may impact on available sentencing options, because of the existing sentence(s)
• should the new sentence be concurrent or cumulative
• has the offender complied with the current sentence

The following potential restrictions on available sentencing options should be considered:

• there are restrictions on the maximum cumulative sentence lengths for supervision, intensive supervision, community detention and home detention
• there are some combinations that are not permitted, unless the existing sentence(s) is cancelled when the new sentence is be imposed.

Examples: Intensive supervision cannot be combined with supervision; HD cannot be combined with CD, supervision or intensive supervision.

Outstanding fines

Liaise with Collections if considering combining a fine or reparation order with any other sentence when the offender already has outstanding fines or reparation payments.

Where possible is it preferred that an offender's unpaid fines and reparation matters are addressed alongside current criminal matters at a single sentencing.

Existing CW sentence

Be aware of any current sentence of CW when considering combining more CW with other sentences.

An offender can only have a maximum of 400 sentenced hours of CW at any one time.

Note: The sentence of CW has no end date. The sentence ends only when the hours are complete, or the sentence is cancelled.

Existing CD/HD sentence

The relevant occupants must consent to the imposition of any cumulative sentence of CD or HD.