Acts Amendment (Abolition of Capital Punishment) Act 1984 (WA)

WESTERN AUSTRALIA.

ACTS AMENDMENT

(ABOLITION OF CAPITAL

PUNISHMENT).

No. 52 of 1984.

AN ACT to abolish capital punishment and for that purpose and related purposes to amend The Criminal Code, the Prisons Act 1981-1982, the Bail Act 1982, the Offenders Probation and Parole Act 1963-1982, the Child Welfare Act 1947-1982, the Juries Act 1957-1981, the Justices Act 1902-1982 and the District Court of Western Australia Act 1969-1982.

[Assented to 5 September 1984.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

1. This Act may be cited as the Acts Amendment Short title.

(Abolition of Capital Punishment) Act 1984.

No. 52.] Acts Amendment (Abolition of [1984.

Capital Punishment).

PART I-THE CRIMINAL CODE.

Interpreta-

In this Part, "the Code" means The Criminal Code set out in the Schedule to the Criminal Code Act 1913 appearing in Appendix B to the Criminal Code Act Compilation Act 1913, as amended from time to time.

tion. 2.

Section 18

amended. 3. Section 18 of the Code is amended by deleting

"Death;".

Section 19

amended. 4. Section 19 of the Code is amended

(a) in paragraph (6), by deleting "death" and substituting the following-

" strict security life imprisonment ";

and

(b) in paragraph (8), by deleting "death" and substituting the following-

" strict security life imprisonment ".

Section 21

Section 21 of the Code is amended by deleting "(other than sentence of death)".

amended. 5.

Section 21A

After section 21 of the Code, the following section is inserted-

inserted. 6.

Mandatory	to 21A. Subject to section 655 of this Code,
Punishment.

where a punishment expressed to be a mandatory punishment is provided in this Code for an offence (whether by the use of the expression "mandatory punishment" or by other like expression), that punishment shall be imposed on a person convicted of the offence notwithstanding any other provision of this Code or any provision of the Offenders Probation and Parole Act 1963. ".

1984.] Acts Amendment (Abolition of [No. 52.

Capital Punishment).

7. Section 31 of the Code is amended by deleting ET:gfdneE

"punishable with death" in paragraph (4) and

substituting the following-

" punishable with strict security life

imprisonment ".

8. Section 32 of the Code is amended by deleting amended?

"death" and substituting the following-

" strict security life imprisonment ".

9. Section 37 of the Code is amended by deleting amended..7

"the punishment of death." and substituting the

following

a mandatory punishment of

(a) strict security life imprisonment; or

(b) life imprisonment; or

(c) in the case of a child or young person under the age of 18 years, an order that the child or young person be detained in strict custody until the Governor's pleasure is known and, thereafter, in safe custody in such place or places as the Governor may, from time to time, direct. ".

10. Section 47 of the Code is amended in ac=g7

paragraph (1) by deleting "death" and substituting

the following-

" strict security life imprisonment ".

11. Section 48 of the Code is amended in sub- =TA?

paragraph (b) of paragraph (1) by deleting "death"

and substituting the following-

" strict security life imprisonment ".

No. 52.] Acts Amendment (Abolition of [1984.

Capital Punishment).

Section 78

amended. 12. Section 78 of the Code is amended by deleting

"the punishment of death." and substituting the

following

if a mandatory punishment of

(a) strict security life imprisonment; or

(b) life imprisonment; or

(c) in the case of a child or young person under the age of 18 years, an order that the child or young person be detained in strict custody until the Governor's pleasure is known and, thereafter, in safe custody in such place or places as the Governor may, from time to time, direct. ".

Section 79

amended. 13. Section 79 of the Code is amended by delet- ing "the punishment of death." and substituting the following

ti

a mandatory punishment of

(a) strict security life imprisonment; or

(b)	life imprisonment; or
(c)	in the case of a child or young person under the age of 18 years, an order that the child or young person be detained in strict custody until the Governor's pleasure is known and, thereafter, in safe custody in such place or places as the Governor may, from time to time, direct. ".

Section 125

amended. 14. Section 125 of the Code is amended by delet-

ing "death" and substituting the following-

" strict security life imprisonment ".

1984.] Acts Amendment (Abolition of [No. 52.

Capital Punishment).

Section 134

15. ing "death" and substituting the following- Section 134 of the Code is amended by delet- amended.

" strict security life imprisonment ".

16. deleting "death" and substituting the following- Section 136 of the Code is amended by amended36

" strict security life imprisonment ".

Section 144

17. Section 144 of the Code is amended amended.

(a) by deleting "under sentence of death" and substituting the following-

" who is undergoing a sentence of strict

security life imprisonment "; and

(b) by deleting "punishable with death" and substituting the following-

" punishable with strict security life

imprisonment ".

Section 188

18. Section 168 of the Code is repealed. repealed.

19. Section 233 of the Code is amended by gacgodia.33

deleting "death or" in the second place where it

appears.

Section 282

20. Section 282 of the Code is amended— a mnde ed.

(a) in paragraph (a) by deleting "the punish- ment of death;" and substituting the following-

" a mandatory punishment of-

(i)

strict security life imprison-

ment; or

(ii) life imprisonment; or

(iii)    in the case of a child or young person under the age of 18 years, an order that the child

No. 52.] Acts Amendment (Abolition of [1984.

Capital Punishment).

or young person be detained in strict custody until the Governor's pleasure is known and, thereafter, in safe custody in such place or places as the Governor may, from time to time, direct; "; and

(b) by deleting paragraph (b) and substituting the following paragraph

if

(b) of murder is liable to a mandatory

punishment of-

(i)   life imprisonment; or

(ii)   in the case of a child or young person under the age of 18 years, an order that the child or young person be detained in strict custody until the Governor's pleasure is known and, thereafter, in safe custody in such place or places as the Governor may, from time to time, direct. ".

Section 398

Section 398 of the Code is amended in para- graph (a) by deleting "death or".

amended. 21.

Section 553

Section 553 of the Code is amended by deleting "of death or of imprisonment with hard labour for a term of fourteen years or upwards, with or without any other punishment, is liable, if no other punishment is provided, to imprisonment with hard labour for seven years." and substituting the following

amended. 22.

el of imprisonment for a term of fourteen years

or upwards, with or without any other punishment, is liable, if no other punishment is provided, to imprisonment for seven years. ".

1984.] Acts Amendment (Abolition of [No. 52.

Capital Punishment).

Section 657

23. Sections 657 and 658 of the Code are repealed.

and 658

repealed.

24. deleting ", not punishable by death,". Section 661 of the Code is amended by alodnecr

25. deleting "not punishable by death". Section 662 of the Code is amended by amended.

Section 678

26. Section 678 of the Code is repealed. repealed.

27. following section substituted—	Section 679 of the Code is repealed and the Section 679	repealed and
substituted.

679. If in any case the Governor extends =arta-

the Royal Mercy to an offender who is under- =""r life =urns,

imprisonment, the Attorney General shall :lag.'

cause the order signifying the extension of

mercy, together with an explanatory note as

to the circumstances, to be tabled in each

going a sentence of strict security of that House after the making of the order. ".

Section 695

28. Section 695 of the Code is amended amended

(a) in subsection (1), by deleting "Except in the case of a conviction involving sentence of death, the" and substituting the fol- lowing

" The "; and

(b) in subsection (2), by deleting "death or".

Section 720

29. Section 720 of the Code is amended by amended.

deleting "death" and substituting the following-

" strict security life imprisonment ".

No. 52.] Acts Amendment (Abolition of [1984.

Capital Punishment).

PART II-PRISONS ACT 1981-1982.

Citation.	30.	(1) In this Part, the Prisons Act 1981-1982
(Act No. 1
of 1981 as 15

amended by

is referred to as the principal Act.

Act No. 66

of 1982.)

(2) The principal Act as amended by this Act may be cited as the Prisons Act 1981-1984.

Section 26

amended. 31.

Section 26 of the principal Act is amended in subsection (2) by deleting "whose sentence of death has been commuted under section 679 of The Criminal Code to" and substituting-

" who is undergoing a sentence of ".

Section 27

Section 27 of the principal Act is amended

by deleting paragraph (c) of subsection (6) and

substituting the following paragraph-

amended. 32.

" (c) undergoing a sentence of strict security

life imprisonment, ".

Section 34 33.

Section 34 of the principal Act is amended by repealing subsection (3).

amended.

PART III-BAIL ACT 1982.

Citation.	34.	The Bail Act 1982 as amended by this Act
(A1982o. 86

of ) may be cited as the Bail Act 1982-1984.

Section 15 35.

Section 15 of the Bail Act 1982 is amended in subsection (1) by deleting "death or".

amended.

PART IV-OFFENDERS PROBATION AND

PAROLE ACT 1963-1982.

Citation.

(Reprinted	36. (1) In this Part, the Offenders Probation and
as approved

11 November	Parole Act 1963-1982 is referred to as the principal
amended by
1977 and	Act.
Acts Nos. 96
of 1980,

52 and 116	(2) The principal Act as amended by this Act may
of 1981 and

89 of 1982.)

be cited as the Offenders Probation and Parole Act

1963-1984.

1984.] Acts Amendment (Abolition of [No. 52.

Capital Punishment).

37. Section 34 of the principal Act is amended— =mat

(a) in paragraph (ba) of subsection (2) by deleting the comma at the end of subparagraph (iii), substituting a semicolon and inserting the following subparagraph-

" (iv) undergoing a sentence of strict security life imprisonment, other than a sentence commuted from a sentence of death, furnish to the Minister, as soon as practicable after and not before a period of twenty years has elapsed since the prisoner was sentenced to strict security life imprisonment and thereafter as soon as practicable after each period of three years, "; and

(b) in subsection (3), by deleting "sub- paragraph (iii)" and substituting the following-

" subparagraphs (iii) and (iv) ".

Section 39AB

38. After section 34AA of the principal Act, the inserted.

following section is inserted

CI 34AB. (1) The Governor may order that Power to release on parole certain

a child or young person to whom this section

children

and young

applies be released from the place in which

persons.

he is then detained, on parole, for any period not exceeding five years and the child or young person shall thereupon be so released under, and be subject to, this Act as if he were released from prison on parole under this Act, and sections 42 and 44 of this Act shall apply with such adaptations as may be necessary.

(2) The Board shall, as the Governor may from time to time require, report to him as to the place in which a child or young person to whom this section applies should be detained.

No. 52.] Acts Amendment (Abolition of [1984.

Capital Punishment).

(3) This section applies to a child or young

person detained in safe custody

(a)	pursuant to an order made under section 679 of The Criminal Code; or
(b)	pursuant to an order made under section 37, 78, 79, or 282 of The Criminal Code. ".

Section 37

amended. 39. Section 37 of the principal Act is amended in paragraph (b) of subsection (2)-

(a) by deleting the full stop at the end of subparagraph (iii) and substituting the following-

" ; or "; and

(b) by inserting after subparagraph (iii) the following subparagraph-

" (iv) on a person for strict security life

imprisonment. ".

Section 42

amended. 40. Section 42 of the principal Act is amended in subsection (2) by inserting after "commutation of sentence" the following-

" or the date when the prisoner was sentenced to strict security life imprisonment, as the case may be, ".

PART V-CHILD WELFARE ACT 1947-1982.

Citation.

(Reprinted as 41. The Child Welfare Act 1947-1982 as amended

approved 11 by this Act may be cited as the Child Welfare Act

November

1977 and

amended by

1947-1984.

Acts Nos. 77

of 1979, 52

and 57 of 1981

and 20 and

57 of 1982.)

Fourth

Schedule 42. The Fourth Schedule to the Child Welfare

amended. Act 1947-1982 is amended in Division A of Part I

(a) by deleting "capital offences" in the entry, in the column headed "Offence", relating

1984.] Acts Amendment (Abolition of [No. 52.

Capital Punishment).

to section 47 of The Criminal Code and

substituting the following-

" offences punishable with strict security

life imprisonment ";

(b) by deleting "with death, or" in the entry in the column headed "Offence", relating to section 125 of The Criminal Code and substituting the following-

" with strict security life imprisonment,

or ";

(c) by deleting "death" in the entry, in the column headed "Offence", relating to section 134 of The Criminal Code and substituting the following-

" strict security life imprisonment ";

(d) by deleting "capital offenders" in the entry in the column headed "Offence", relating to section 144 of The Criminal Code and substituting the following-

" offenders sentenced or liable to strict

security life imprisonment "; and

(e) by deleting "death or" in the entry, in the column headed "Offence", relating to section 398 of The Criminal Code.

PART VI-JURIES ACT 1957-1981.

43. Act may be cited as the Juries Act 1957-1984.	The Juries Act 1957-1981 as amended by this	Citation.
(Reprinted
as approved
26 April /974
and amended by Acts Nos. 64 of 1975, 34 of 1976 and 6 of 1981.)

44. Section 41 of the Juries Act 1957-1981 is =If(11;d1

amended by deleting "death" and substituting the

following-

" strict security life imprisonment ".

No. 52.] Acts Amendment (Abolition of [1984.

Capital Punishment).

PART VII-JUSTICES ACT 1902-1982.

Citation.

(Reprinted	45. (1) in this Part the Justices Act 1902-1982
as approved

30 November

is referred to as the principal Act.

1977 and

amended by

Acts Nos. 6

and 67 of	(2) The principal Act as amended by this Act may
1980, 120 of

1979, 67 of	be cited as the Justices Act 1902-1984.
1981 and 20, 124 and 125 of 1982.)

Section 11 5

amende d. 46. Section 115 of the principal Act is amended by deleting "capital crime" and substituting the following-

" crime punishable with strict security life

imprisonment ".

Section 116

amended. 47. Section 116 of the principal Act is amended by deleting "capital crime" and substituting the following

i< crime punishable with strict security life

imprisonment ".

PART VIII-DISTRICT COURT OF WESTERN

AUSTRALIA ACT 1969-1982.

Citation.

(Reprinted 48. The District Court of Western Australia Act

as approved 1969-1982 as amended by this Act may be cited as

5 September

1980 and	the District Court of Western Australia Act
amended by

Act s Nos. 19694984.

/18 of

1981and 7

of 1982.)

Section 42

amended. Australia Act 1969-1982 is amended in subsection 49. Section 42 of the District Court of Western

(2) by deleting ", or for which the penalty is death."

and substituting the following

or strict security life imprisonment. ".