When the Sentence Starts

Introduction

This topic covers how to determine the commencement dates of a CW sentence.

Legislative reference:

Section 75 of the Sentencing Act 2002 governs the information in this topic.

Standards Commencement and termination

The following standards apply to the commencement dates of sentences:

• All commencement dates are determined accurately.
• The specific commencement date is recorded in IOMS and retained on the sentence file.

Commencement date of sentence

The following table shows how the commencement date of the sentence is calculated.

 Deferred start dates

The court may defer the start date of CW when sentencing an offender to either HD or intensive supervision, if it considers a deferral is necessary to enable the offender to comply with any rehabilitative or reintegrative conditions imposed under those sentences.

Legislative reference: Section 57A Sentencing Act 2002.

Appeals

If the offender lodges an appeal against the conviction or sentence, the sentence is suspended on receipt of notification from the court, until the appeal is decided.

Note: If more than one sentence has been imposed on the same day, only the appealed sentence is suspended. All other sentences continue.

Appeals and applications for variation/cancellation

The following table shows how cumulative sentences are affected when the first sentence is quashed on appeal, or cancelled on an application for variation or cancellation.