Article 6.15 Sentencing

If a convicted person has been found guilty of, or has pleaded guilty to, an offence, the court:

(A) shall give any victim who wishes to do so the opportunity to address the court on sentence and to give a victim impact statement; the convicted person must, unless it is not possible to do so, be present in person to hear the victim impact statement;

(B) shall give the prosecutor and the convicted person the opportunity to make submissions to the court on sentence;

(C) may make orders for the provision of compensation by the convicted person to any victim of the offence from assets controlled by or for the benefit of a person found criminally liable or from proceeds of crime or assets commingled with such proceeds; and

(D) shall make a determination of the sentence that is imposed on the convicted person:

(1) the sentence shall not exceed the maximum sentence provided by ICT law or, where the conviction is for more than one charge, the aggregate of the maximum sentences;

(2) the court must take into account the convicted person’s criminal record; and

(3) the court may be guided by:

(4) any submissions of the prosecutor and the convicted person; and

(5) any sentencing guidelines of the ICT.

Any sentence shall be proportionate to the gravity of the offence and the individual culpability of the convicted person.

(a) 6.15.1 If an accused has been found not guilty by reason of mental impairment, the court shall remand the person to a treatment facility on terms provided by ICT law.

(b) 6.15.2 If an accused:

(E) is found guilty of a crime carrying a maximum sentence of more than 5 years’ imprisonment, the court must order that the convicted person’s ICT residency contract is terminated;

(F) is found guilty of a crime carrying a maximum sentence of up to and including 5 years’ imprisonment, the court must order that the convicted person’s ICT residency contract is terminated unless the court determines that special circumstances exist that justify that the convicted person’s ICT residency contract is not terminated; or

(G) is:

(1) found not guilty of a crime or a misdemeanour by reason of mental impairment; or

(2) is found guilty of a misdemeanour,

the court may order that the person’s ICT residency contract is terminated.

(c) 6.15.3 An order under Article has effect notwithstanding any other law or any contract, including the ICT residency contract.

(d) 6.15.4 A person in respect of whose residency contract an order is made under Article has no rights (including any right to compensation or otherwise) by reason of the making or effect of the order other that any right of appeal under Article Error: Reference source not found.