Crimes (Amendment) Act 1999 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Crimes (Amendment) Act 1999

No. 32 of 1999

An Act to amend the Crimes Act 1900 and for related purposes

[Notified in ACT Gazette S34: 25 June 1999]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Short title

   This Act may be cited as the Crimes (Amendment) Act 1999.

2. Commencement

3. Sections 1 to 4 (inclusive) commence on the day this Act is notified in the Gazette.

4. The remaining provisions commence on 1 October 1999.

5. Principal Act

   In this Act, “Principal Act” means the Crimes Act 1900.1

6. Repeal

   Section 428A of the Principal Act is repealed.

7. Definitions

   Section 428B of the Principal Act is amended by inserting the following definitions:

   “ ‘accused’, for a person before the Magistrates Court, means the defendant;

   ‘defendant’ has the meaning given by the Magistrates Court Act 1930, subsection 5 (1);

   ‘mental illness’ has the same meaning as in the Mental Health (Treatment and Care) Act 1994, section 4;”.

8. Substitution

Section 428C of the Principal Act is repealed and the following sections are substituted:

Limitation on orders and detention—non-acquittals“428C.

1. If, under subsection 428L (2) or 428M (2), the court makes an order that the accused be detained in custody until the tribunal orders otherwise, the court shall indicate whether, if the special hearing had been normal criminal proceedings against a person who was fit to be tried for and convicted of the offence with which the accused is charged, it would have imposed a sentence of imprisonment.

2. If, under subsection (1), the court indicates that it would have imposed a sentence of imprisonment, it shall nominate a term in respect of that offence, that is the best estimate of the sentence it would have considered appropriate if the special hearing had been normal criminal proceedings against a person who was fit to be tried for that offence and the person had been found guilty of that offence.

Limitation on orders and detention—acquittals“428CA.

1. If, under section 428Q or 428R, the court makes an order that the accused be detained in custody until the tribunal orders otherwise, the court shall indicate whether, if the accused had not been acquitted, it would have imposed a sentence of imprisonment.

2. If, under subsection (1), the court indicates that it would have imposed a sentence of imprisonment, it shall nominate a term in respect of that offence, that is the best estimate of the sentence it would have considered appropriate if the accused were a person who had been found guilty of that offence.

Limitation on Supreme Court orders“428CB.

The court shall not order that an accused be detained for a period greater than the term nominated by it under section 428C or 428CA, as the case may be.

Limitation on orders and detention—dismissal of charge“428CC.

1. If under section 428RD or 428RE, the Magistrates Court makes an order that the accused be detained in custody until the tribunal orders otherwise, the Magistrates Court shall indicate whether, if the…