Crimes (Sentencing) Amendment Act 2014 (ACT)

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:

1. Name of Act

   This Act is the Crimes (Sentencing) Amendment Act 2014.

2. 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)).

3. 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.

4. Imprisonment
   Section 10 (3), examples for par (b), except notes

   substitute

   Example—par (b)

   release on parole under the Crimes (Sentence Administration) Act 2005

5. 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.

6. Combination sentences—offences punishable by imprisonment
   Section 29 (1) (a), except note

   substitute

   (a)an order sentencing the offender to imprisonment (as full-time detention or periodic detention, but not a combination of these kinds of imprisonment);

7. Section 29 (1), example 2, 1st dot point

   omit

   2 years

   substitute

   3 years

8. Section 29 (1), example 2, 2nd dot point

   omit

9. Application—pt 5.2
   Section 64 (2), new note

   insert

   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.

10. 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;

11. New chapter 12

    insert

Chapter 12Transitional—Crimes (Sentencing) Amendment Act 2014

1. Application of amendments

   (1)The amendments of this Act made by the Crimes (Sentencing) Amendment Act 2014 apply to the sentencing of an offender for an offence if the offender is sentenced for the offence on or after the commencement day.

   (2)In this section:

   commencement day means the day the Crimes (Sentencing) Amendment Act 2014, section 3 commences.

   sentence includes re-sentence.

2. Expiry—ch 12

   This chapter expires on 1 July 2016.

   NoteTransitional provisions are kept in the Act for a limited time.  A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

Schedule 1Consequential amendments

(see s 3)

Part 1.1Crimes (Child Sex Offenders) Act 2005

[1.1]Section 83 (b), example and note

omit

Part 1.2Crimes (Sentence Administration) Act 2005

[1.2]Section 39

omit

all or part of

[1.3]Section 116ZL (1)

omit

all or part of

[1.4]Section 116ZL (2) (b)

omit

all or part of

Part 1.3Electoral Act 1992

[1.5]Section 71A (2), definition of sentence of imprisonment

omit

of the sentence

Part 1.4Spent Convictions Act 2000

[1.6]Section 11 (3), definition of sentence of imprisonment, paragraph (a)

omit

a period of

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 30 October 2014.

2. Notification

   Notified under the Legislation Act on 4 December 2014.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Crimes (Sentencing) Amendment Bill 2014, which was passed by the Legislative Assembly on 27 November 2014.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2014