Section 37 of the Sentencing Act 2017 (SA) allows a sentencing court to reduce a defendant's sentence if the defendant has cooperated with a law enforcement agency.

A court may reduce a defendant's sentence on this basis if the defendant's cooperation:

The court may, if satisfied these criteria are met, reduce the defendant's sentence by a percentage it thinks appropriate [s 37(2)].

In determining the reduction to apply, the court must consider the relevant factors set out in s 37(3) which include:

A defendant may receive a sentence reduction pursuant to s 37 prior to their cooperation if they undertake to cooperate with a law enforcement agency. If they later withdraw their cooperation, the Director of Public Prosecutions may apply to the court to have the defendant resentenced [s 42].

A defendant serving a term of imprisonment who later cooperates with a law enforcement agency may apply to the sentencing court to be resentenced having regard to their cooperation [s 43].