Writing a character reference for court nsw department

That section expresses a number of matters to which a court must have regard when passing sentence. Necessarily, in any appeal against a sentence so imposed, the same considerations must apply in the appellate court.

Writing a character reference for court nsw department

A warrant may be issued to bring the offender before the court for sentence s 25 2but only if the penalty for the offence includes a sentence of imprisonment.

Introduction

Sample order The defendant is convicted. A s 25 2 Crimes Sentencing Procedure Act warrant is to issue. An authorised officer may sign the warrant. General arrest warrants In addition to the above mentioned warrants, there is a power for magistrates to issue an arrest warrant if an accused person is not present at the day, time and place set down for the proceedings to be heard, or absconds from the proceedings.

Character Reference letter for Court and templates

The magistrate must be satisfied there are substantial reasons to issue an arrest warrant and that it is in the interests of justice to do so: An authorised officer can sign the warrant if the magistrate directs in writing that the warrant be issued: Sample order The court notes there is no appearance of the defendant.

An arrest warrant is to issue. All legislative references in this section are to the Act unless otherwise indicated. Commissioner of Victims Rights Part 4 of the Act establishes the Victim Support Scheme, under which victims of acts of violence may apply to the Commissioner of Victims Rights for the payment of victims support.

A magistrate may award compensation for injury or for loss, where that injury or loss is sustained through, or by reason of the offence, or any other offence taken into account when sentencing an offender.

Compensation A court that convicts a person of an offence may direct, by notice given to the offender, the payment of a sum to an aggrieved person or persons by way of compensation for injury or loss: There are limits on the order where directions for compensation are or have been made in respect of other related offences: A court may not award compensation for loss for which financial support is payable under the Act or compensation is payable under the provisions relating to compensation for injury: Time for making order An order for compensation may be made at the time of conviction or at any time thereafter: Restitution Any person may apply to a court for an order that property excluding certain livestockwhich is in police custody in connection with any offence be returned to the person apparently lawfully entitled to the property: There is no power to award costs in these applications.

In any criminal proceedings in which it is alleged that the accused person has unlawfully acquired or disposed of property, the court may order that the property be restored to such person as appears to the court to be lawfully entitled to its possession: Such an order may be made whether or not the court finds the person guilty of any offence with respect to the acquisition or disposal of the property: Good behaviour bonds, suspended sentences and home detention have been abolished as sentencing options.

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The sentencing options available following the amendments are as follows: Specific sentencing provisions for domestic violence offences have been enacted see further discussion below at [ ]. A court is not required to impose full-time detention or a supervised order if the court is satisfied that a different sentencing option is more appropriate in the circumstances of the case and records its reasons for reaching that view: The court must consider the safety of the victim of the offence before imposing a community correction order or conditional release order on a person guilty of a domestic violence offence: A court cannot make an order for an ICO unless it is satisfied that the victim of the domestic violence offence, and any person with whom the offender is likely to reside, will be adequately protected whether by conditions of the ICO or for some other reason: If a court finds a person guilty of a domestic violence offence, the court must not impose a home detention condition if the court reasonably believes that the offender will reside with the victim of the domestic violence offence: Standard conditions for CROs and CCOs are that the offender must not commit any offence and must appear before court during the term of the order when called upon to do so: The standard conditions of an ICO are that the offender must not commit any offence and must submit to supervision by a community corrections officer: A range of additional conditions may be imposed by a court depending on the sentencing option concerned see further discussion within each option below.

Such a condition cannot be imposed on an offender who resides or intends to reside in another State or Territory: See further [ ].An invitation to speak at the Lord Dyson lecture on "The Jackson Reforms to Civil Justice in the UK" hosted by University of New South Wales, Faculty of Law held at Herbert SmithFreehills, Sydney.

Sample character reference.

writing a character reference for court nsw department

This is an sample of a character reference. It is not legal advice. For help preparing a character reference, see Instructions for preparing a character reference.

If you need more help, call LawAccess NSW. [1] amongst members of the public.

Sentencing Bench Book

In disposing of the constitutional questions raised, this Court must focus not on the controversies that have arisen, but on the relevant legal and constitutional principles.

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writing a character reference for court nsw department

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Character reference examples for Court