The sentencing court must state to a defendant who is present in court for sentencing, the reasons for imposing the sentence and explain the legal effect and obligations of the sentence, and the consequences of non-compliance [see Sentencing Act 2017 (SA) s 19]. The reasons must be sufficient to enable an appeal court to review the matter. The validity of the sentence is not affected by non-compliance with the requirements of this section [see s 19(3)].

Generally, until a sentencing record is signed, the court is able to rectify any errors in the recording of the sentence. After this time the court that imposed the sentence may of its own initiative or on application by the DPP or the defendant rectify an error of a technical nature made by the sentencing court in imposing the sentence, or supply a deficiency or remove an ambiguity in the sentencing order [see Sentencing Act 2017 (SA) s 20].Both the defendant and the DPP are parties to proceedings in accordance with the section [see s 20(2)]. In addition, a court may correct an error in a conviction or order, and may set aside a conviction or order where the conviction or order was made in error [see Criminal Procedure Act 1921 s 76B; s 76A for other reasons to set aside a conviction or order].

The Sentencing Act 2017 (SA) provides for possible sentencing reductions where a defendant has cooperated or undertaken to cooperate with a law enforcement agency [see Sentencing Act 2017 (SA) s 37].

In order for the person assisting law enforcement to receive a reduction in sentence the information provided must be provided in exceptional circumstances, directly relate to combating serious and organised criminal activity, and contribute significantly to the public interest [see s 37(1)].

Other elements that are considered before a reduction in sentence can be granted include the truthfulness, usefulness and reliability of the information along with various other considerations outlined in section 37(3) of the Sentencing Act 2017 (SA).

If a person receives a reduction of sentence under section 37 and then withdraws their cooperation with the law enforcement the DPP can apply for the person to be resentenced under section 42 of the Sentencing Act 2017 (SA) - set out below:

42—Re-sentencing for failure to cooperate in accordance with undertaking under section 37

(1) This section applies if—

(a) a person is currently serving a sentence of imprisonment for an offence or offences that was reduced by the sentencing court under section 37 (the relevant sentence); and

(b) the person has failed to cooperate with a law enforcement agency in accordance with the terms of an undertaking given by the person under that section.

(2) The DPP may, with the permission of the court that imposed the relevant sentence on the person, apply to the court to have the sentence quashed and a new sentence imposed, taking into account the person's failure to cooperate with the law enforcement agency in accordance with the terms of an undertaking given by the person under section 37.

(3) The DPP, the chief officer of the law enforcement agency and the person are parties to the proceedings on the application.

(4) Nothing in this section authorises a court to impose a new sentence that would exceed the sentence that would, but for the reduction given under section 37, have been imposed by the sentencing court under that section.

A person can also apply to be re-sentenced where they:

See section 43 of the Sentencing Act 2017 (SA).

A person to whom this section applies can, with permission of the court that imposed the relevant sentence, apply to have the sentence quashed and a new, reduced sentence imposed, taking into account their cooperation with the law enforcement agency [see s 43]. In determining a new sentence on such an application, the court must consider the relevant factors as contained in section 43(5) of the Sentencing Act 2017 (SA).