Criminal Procedure Amendment (Sentencing Guidelines) Act 1998 (NSW)

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New South Wales

Criminal Procedure Amendment
(Sentencing Guidelines) Act 1998
No 159
Contents

Page

1 Name of Act 2

2 Commencement 2
3 Amendment of Criminal Procedure Act 1986 No 209 2

Schedule 1 Amendment 3

New South Wales

Criminal Procedure Amendment
(Sentencing Guidelines) Act 1998
No 159
Act No 159, 1998
An Act to amend the Criminal Procedure Act 1986 with respect to guidelines for the sentencing of offenders. [Assented to 14 December 1998]

Section 1

Criminal Procedure Amendment (Sentencing Guidelines) Act 1998 No 159

The Legislature of New South Wales enacts:

1 Name of Act

This Act is the Criminal Procedure Amendment (Sentencing
Guidelines) Act 1998.

2 Commencement

This Act commences on a day to be appointed by proclamation.
3 Amendment of Criminal Procedure Act 1986 No 209
The Criminal Procedure Act 1986 is amended as set out in
Schedule 1 .
Criminal Procedure Amendment (Sentencing Guidelines) Act 1998 No 159

Amendment Schedule 1

Schedule 1 Amendment

(Section 3)

Part 8
Insert after Part 7:

Part 8 Sentencing guidelines

Division 1 Interpretation
25 Definitions
In this Part:
Court means the Court of Criminal Appeal.
guideline judgment means a judgment containing
guidelines to be taken into account by courts sentencing
offenders.

Division 2 Applications for sentencing guidelines

26 Guideline judgments on application of Attorney General

The Court may give a guideline judgment on application of the Attorney General.
An application may be made with respect to sentencing of persons found guilty of a particular specified indictable offence or category of indictable offences and may include submissions with respect to the framing of the guidelines.
An application is not to be made in any proceedings before the Court with respect to a particular offender.
The powers and jurisdiction of the Court to give a guideline judgment in proceedings under this section are the same as the powers and jurisdiction that it has to give a guideline judgment in a pending proceeding apart from

this section.
A guideline judgment under this section may be given separately or may be included in any judgment of the Court that it considers appropriate.
Criminal Procedure Amendment (Sentencing Guidelines) Act 1998 No 159

Schedule 1

Amendment

The Senior Public Defender, or a nominee of the Senior Public Defender who is a legal practitioner, may appear
in proceedings under this section.

The Senior Public Defender or his or her nominee may do any one or more of the following:

(a) oppose or support the giving of the guideline judgment by the Court,
(b) make submissions with respect to the framing of the guidelines,
(c) assist the Court by advising it on any matter relevant to the application.
Nothing in the Public Defenders Act 1995 or any other Act or law prevents, or in any way limits, the exercise of any function conferred on the Senior Public Defender or any nominee of the Senior Public Defender who is a Public Defender under this section.

function conferred on the Senior Public Defender under Without limiting subsection (8), in exercising any
this section, the Senior Public Defender is not, despite
section 4 (3) of the Public Defenders Act 1995,
responsible to the Attorney General.

27 Alteration of guideline judgments
A guideline judgment given on application under section 26 may be reviewed, varied or revoked in a subsequent guideline judgment of the Court whether made under that section or apart from it.

28 Discretion of Court preserved
Nothing in this Part:

(a)

limits any power or jurisdiction of the Court to give a guideline judgment that the Court has apart from section 26, or

Criminal Procedure Amendment (Sentencing Guidelines) Act 1998 No 159

Amendment Schedule l

(b)

requires the Court to give any guideline judgment under section 26 if it considers it inappropriate to do so.

29 Rules of court
Rules of court may be made under the Supreme Court Act 1970 with respect to applications, and proceedings to determine applications, under section 26.

Division 3 Miscellaneous
29A Use of evidence in giving guideline judgments

(1)

Nothing in section 12 of the Criminal Appeal Act 1912 limits the evidence or other matters that the Court may take into consideration in giving a guideline judgment (whether or not on application under section 26) and the Court may inform itself as it sees fit.

(2)

The Court must not increase a sentence in any appeal by reason of, or in consideration of, any evidence that is used by the Court in giving a guideline judgment in the appeal and that was not given at the trial.

[Minister’s second reading speech made in—
Legislative Assembly on 28 October 1998
Legislative Council on 1 December 1998]

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2	Commencement	2
3	Amendment of Criminal Procedure Act 1986 No 209	2

Part 8	Sentencing guidelines
Division 1	Interpretation
25 Definitions

The Senior Public Defender or his or her nominee may do any one or more of the following:
(a)	oppose or support the giving of the guideline judgment by the Court,
(b)	make submissions with respect to the framing of the guidelines,
(c)	assist the Court by advising it on any matter relevant to the application.

(1)	Nothing in section 12 of the Criminal Appeal Act 1912 limits the evidence or other matters that the Court may take into consideration in giving a guideline judgment (whether or not on application under section 26) and the Court may inform itself as it sees fit.
(2)	The Court must not increase a sentence in any appeal by reason of, or in consideration of, any evidence that is used by the Court in giving a guideline judgment in the appeal and that was not given at the trial.