Crimes (Sentencing Procedure) Amendment (Existing Life Sentences) Act 2005 (NSW)

An Act to amend the Crimes (Sentencing Procedure) Act 1999 with respect to existing life sentences the subject of non-release recommendations; and for other purposes.

1Name of Act

This Act is the Crimes (Sentencing Procedure) Amendment (Existing Life Sentences) Act 2005.

2Commencement

This Act commences on the date of assent.

3Amendment of Crimes (Sentencing Procedure) Act 1999 No 92

The Crimes (Sentencing Procedure) Act 1999 is amended as set out in Schedule 1.

4Amendment of Crimes (Administration of Sentences) Act 1999 No 93

The Crimes (Administration of Sentences) Act 1999 is amended as set out in Schedule 2.

Schedule 1Amendment of Crimes (Sentencing Procedure) Act 1999

(Section 3)

[1]Schedule 1 Existing life sentences

Insert “, and includes any such recommendation, observation or expression of opinion that (before, on or after the date of assent to the Crimes (Sentencing Procedure) Amendment (Existing Life Sentences) Act 2005) has been quashed, set aside or called into question” after “imprisonment” in the definition of non-release recommendation in clause 1.

[2]Schedule 1, clause 5

Insert “or (3)” after “4 (1)” in clause 5 (1).

[3]Schedule 2 Savings, transitional and other provisions

Omit clause 21 (2). Insert instead:

(2)

In particular, any such application that had been made before 8 May 1997 under section 13A of the 1989 Act but had not been determined as at the date of assent to the Crimes (Sentencing Procedure) Amendment (Existing Life Sentences) Act 2005, being an application made by an offender who is the subject of a non-release recommendation:

• (a)

  is not to be determined until the offender has served at least 30 years of the existing life sentence to which the application relates, and

• (b)

  is to be disposed of in accordance with clause 4 (3) of Schedule 1 to this Act, and not otherwise.

[4]Schedule 2, clause 39

Omit the clause.

Schedule 2Amendment of Crimes (Administration of Sentences) Act 1999

(Section 4)

[1]Section 154A Serious offenders the subject of non-release recommendations

Insert “, as in force from time to time” after “Schedule” in section 154A (4) (b).

[2]Schedule 5 Savings, transitional and other provisions

Insert “, as in force from time to time” after “Schedule” in clause 62 (b).