Crimes (Sentencing) Amendment Act 2014
A2014-58
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
4 ImprisonmentSection 10 (3), examples for par (b), except notes 2
5 Periodic detentionSection 11 (2) and (3) 2
6 Combination sentences—offences punishable by imprisonmentSection 29 (1) (a), except note 3
7 Section 29 (1), example 2, 1st dot point 3
8 Section 29 (1), example 2, 2nd dot point 3
9 Application—pt 5.2Section 64 (2), new note 3
10 Imprisonment—official notice of sentenceSection 84 (2) (c) 4
11 New chapter 12 4
Schedule 1 Consequential amendments 5
Part 1.1 Crimes (Child Sex Offenders) Act 2005 5
Part 1.2 Crimes (Sentence Administration) Act 2005 5
Part 1.3 Electoral Act 1992 6
Part 1.4 Spent Convictions Act 2000 6
Crimes (Sentencing) Amendment Act 2014
A2014-58
An Act to amend the Crimes (Sentencing) Act 2005, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Name of Act
This Act is the Crimes (Sentencing) Amendment Act 2014.
Commencement
This Act commences on the day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
This Act amends the Crimes (Sentencing) Act 2005.
NoteThis Act also amends the following legislation (see sch 1):
· Crimes (Child Sex Offenders) Act 2005
· Crimes (Sentence Administration) Act 2005
· Electoral Act 1992
· Spent Convictions Act 2000.
Imprisonment
Section 10 (3), examples for par (b), except notessubstitute
Example—par (b)
release on parole under the Crimes (Sentence Administration) Act 2005
Periodic detention
Section 11 (2) and (3)substitute
(2)The court may order that the sentence of imprisonment be served by periodic detention.
NotePeriodic detention may be part of a combination sentence together with other sentencing options (see pt 3.6). However, periodic detention must not be combined with full-time detention (see s 29 (1) (a)).
(3)The periodic detention must be for a period of at least 3 months and must end before 1 July 2016.
Combination sentences—offences punishable by imprisonment
Section 29 (1) (a), except notesubstitute
(a)an order sentencing the offender to imprisonment (as full-time detention or periodic detention, but not a combination of these kinds of imprisonment);
Section 29 (1), example 2, 1st dot point
omit
2 years
substitute
3 years
Section 29 (1), example 2, 2nd dot point
omit
Application—pt 5.2
Section 64 (2), new noteinsert
NoteSubsection (2) has application to sentences of imprisonment imposed before the Crimes (Sentencing) Amendment Act 2014 commenced. Under amendments made by that Act, an order sentencing an offender to imprisonment cannot combine full-time detention and periodic detention.
Imprisonment—official notice of sentence
Section 84 (2) (c)substitute
(c)whether the sentence is to be served as full-time detention or periodic detention;
New chapter 12
insert
Chapter 12Transitional—Crimes (Sentencing) Amendment Act 2014
Application of amendments
(1)The amendments of this Act made by the Crimes (Sentencing) Amendment Act 2014 apply to the sentencing…