Crimes (Remissions) Amendment Act 1986 (NSW)

CRIMES (REMISSIONS) AMENDMENT ACT 1986 No. 44

NEW SOUTH WALES

TABLE OF PROVISIONS

1.       Shorl title

2.        Commencement

3.        Amendment of Act No. 40, 1900

CRIMES (REMISSIONS) AMENDMENT ACT 1986 No. 44

NEW SOUTH WALES

Act No. 44, 1986

An Act to amend the Crimes Act 1900 with respect to remissions of

sentences. [Assented to, 9 May 1986]

Sec also Prisons (Remissions) Amendment Aet 1986: Probation and Parole (Remissions) Amendment Act 1986.

Crimes (Remissions) Amendment 1986

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:

Short title

1.     This Act may be cited as the "Crimes (Remissions) Amendment Act

1986".

Commencement

2. (1) Sections 1 and 2 shall commence on the date of assent to this

Act.

(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.

Amendment of Act No. 40, 1900

3. The Crimes Act 1900 is amended by inserting before section 461 the

following section:

Remission of sentences

460A. (1) Where a person—

(a) was convicted before, or is convicted on or after, the day on which this section commences; and

(b) is sentenced on or after that day by a Judge,

the Judge may, upon sentencing the person, order that the person shall not be entitled to any remissions, or to any remissions granted in such circumstances as the Judge may specify, in so far as those remissions would, but for the order, reduce the term of the sentence.

(2) A Judge shall not make an order under subsection (1) unless it appears to the Judge that the making of the order is desirable by reason of the nature of the offence or the antecedent character of the person convicted.

3   Act No. 44

Crimes (Remissions) Amendment 1986

(3) Where a Judge makes an order under subsection (1), the Judge

shall slate the reasons for the order.