Crimes (Sentencing Procedure) Amendment (Victim Impact Statements) Act 2004 (NSW)

An Act to amend the Crimes (Sentencing Procedure) Act 1999 to expand the category of offences in respect of which a Local Court may receive and consider victim impact statements; and for other purposes.

1Name of Act

This Act is the Crimes (Sentencing Procedure) Amendment (Victim Impact Statements) Act 2004.

2Commencement

This Act commences on a day to be appointed by proclamation.

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

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

Schedule 1Amendments

(Section 3)

[1]Section 27 Application of Division

Insert at the end of section 27 (3) (b):

•

, or

(c)

an offence that is referred to in Table 1 of Schedule 1 to the Criminal Procedure Act 1986 and that:

• (i)

  results in actual physical bodily harm to any person, or

• (ii)

  involves an act of actual or threatened violence or an act of sexual assault.

[2]Section 28 When victim impact statements may be received and considered

Omit “the Supreme Court, Industrial Relations Commission or District Court” wherever occurring.

Insert instead “a court”.

[3]Section 28 (5)

Omit “The Supreme Court, Industrial Relations Commission or District Court”.

Insert instead “A court”.

[4]Section 28 (6)

Omit the subsection.

[5]Schedule 2 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Crimes (Sentencing Procedure) Amendment (Victim Impact Statements) Act 2004

[6]Schedule 2

Insert at the end of Schedule 2, with appropriate Part and clause numbers:

PartProvisions consequent on enactment of Crimes (Sentencing Procedure) Amendment (Victim Impact Statements) Act 2004

The amendments made to sections 27 and 28 of this Act by the Crimes (Sentencing Procedure) Amendment (Victim Impact Statements) Act 2004 extend to offences committed before the commencement of those amendments, whether or not proceedings were commenced before that commencement.