Sentencing Amendment Act 2002 (TAS)

Sentencing Amendment Act 2002

An Act to amend the Sentencing Act 1997 and the Corrections Act 1997 to provide for non-parole periods in respect of sentences of imprisonment

[Royal Assent 12 July 2002]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Sentencing Amendment Act 2002 . 2CommencementThe provisions of this Act commence on a day or days to be proclaimed. PART 2Sentencing Act 1997 Amended3Principal ActIn this Part, the Sentencing Act 1997 is referred to as the Principal Act. 4Section 17 amended (Court may bar or limit eligibility for parole) Section 17 of the Principal Act is amended as follows: (a) by inserting the following subsection after subsection (3) : (3A)  Where a court imposes a sentence of imprisonment and does not make an order under subsection (2) , the offender is not eligible for parole in respect of that sentence. (b) by omitting subsection (6) and substituting the following subsections: (6)  An offender in respect of whom – (a) an order has been made under subsection (2)(a) ; or (b) subsection (3A) applies – is not eligible to be released on parole in respect of his or her sentence. (7)  A court must give reasons for making an order under subsection (2) . (8)  If the whole or part of a sentence of imprisonment is suspended, only the operative sentence is to be taken into account for the purposes of this section. (9)  In subsection (8) , operative sentence means that part of a sentence of imprisonment which has not been suspended. 5Section 18 amended (Court to make order on eligibility of life prisoner for parole) Section 18 of the Principal Act is amended by inserting after subsection (4) the following subsection: (5)  A court must give reasons for making an order under this section. 6Section 27 amended (Breach of order suspending sentence) Section 27 of the Principal Act is amended by inserting after subsection (6) the following subsections: (6A)  If, under subsection (4)(a) , a court orders a sentence to take effect – (a) the sentence is taken to be a sentence imposed on the offender as if the court had just found the offender guilty of the offence in respect of which the suspended sentence was imposed; and (b) section 17 applies to that sentence. (6B)  If, under subsection (4)(b) , a court orders that a substituted sentence is to take effect, section 17 applies to the substituted sentence. 7Section 81A insertedAfter section 81 of the Principal Act , the following section is inserted in Division 1: 81ACourt may receive victim impact statement (1)  In this section – immediate family, in respect of a deceased victim, includes – (a) the spouse or de facto spouse of the deceased victim; and (b) a parent, guardian or step-parent of the deceased victim; and (c) a child or stepchild of the deceased victim; and (d) a brother, sister, stepbrother or stepsister of the deceased victim; indictable offence means – (a) an offence that is punishable on indictment even though in some instances it may be dealt with summarily; or (b) any other offence that is prescribed for the purposes of this section; victim, in respect of an offence, means – (a) a person who has suffered injury, loss or damage as a direct consequence of the offence; and (b) a member of the immediate family of a deceased victim of the offence. (2)  If a court finds a person guilty of an indictable offence, a victim of that offence may furnish to the court a written statement that – (a) gives particulars of any injury, loss or damage suffered by the victim as a direct consequence of the offence; and (b) describes the effects on the victim of the commission of the offence. (3)  The statement must comply with, and be furnished in accordance with, applicable Rules of Court or rules made under subsection (6) . (4)  If the court finds a person guilty of an offence, the court must, if the victim has so requested on furnishing a statement under subsection (2) , allow the victim to read the statement to the court. (5)  If no such request is made, the court must cause the statement furnished by the victim to be read to the court. (6)  For the purposes of this section – (a) Rules of Court may be made under section 12 of the Criminal Code Act 1924 ; and (b) rules may be made under section 144 of the Justices Act 1959 . (7)  This section does not derogate from section 81 and subsections (2) and (4) of that section apply to a statement furnished under this section. PART 3Corrections Act 1997 Amended8Principal ActIn this Part, the Corrections Act 1997 is referred to as the Principal Act. 9Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by inserting the following definition after the definition of hospital : immediate family, in respect of a deceased victim, includes – (a) the spouse or de facto spouse of the deceased victim; and (b) a parent, guardian or step-parent of the deceased victim; and (c) a child or stepchild of the deceased victim; and (d) a brother, sister, stepbrother or stepsister of the deceased victim; (b) by omitting paragraph (a) from the definition of non-parole period and substituting the following paragraph: (a) in a case to which section 17(2)(a) , 17(3A) or 18(1)(a) of the Sentencing Act 1997 applies, the whole of the period of the sentence; or (c) by omitting "section." from the definition of supervisor and substituting "section;"; (d) by inserting the following definition after the definition of supervisor : victim, in respect of an offence, means – (a) a person who has suffered injury, loss or damage as a direct consequence of the offence; and (b) a member of the immediate family of a deceased victim of the offence. 10Section 69 amended (Prisoner not to be released on parole in certain circumstances) Section 69 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: (1)  A prisoner who has been sentenced to a term of imprisonment is not to be released on parole in respect of that sentence if – (a) the court has ordered that the prisoner is ineligible for parole pursuant to section 17 or 18 of the Sentencing Act 1997 ; or (b) the prisoner is ineligible for parole by operation of section 17(3A) of that Act. 11Section 71 amended (Prisoner subject to more than one non-parole period or other minimum term) Section 71(1) of the Principal Act is amended by omitting paragraph (a) from the definition of designated sentence and substituting: (a) a sentence of imprisonment to which a non-parole period is applicable or in respect of which the prisoner is ineligible for parole by operation of section 17(3A) of the Sentencing Act 1997 ; or 12Section 72 amended (Release on parole) Section 72 of the Principal Act is amended as follows: (a) by inserting the following subsections after subsection (2) : (2A)  If the Board is to consider the release on parole of a prisoner, the Board is to request the Secretary, in writing, to search the victims register and then advise the Board of the names of all victims listed in the register in respect of the prisoner specified in the request. (2B)  On receipt of a request under subsection (2A) , the Secretary is to search the victims register and, if a victim is listed in it in respect of the prisoner specified in the request, the Secretary is to notify each such victim, in writing, that – (a) the release of the prisoner on parole is to be considered by the Board; and (b) the victim may provide to the Board, within 30 days after receiving the notice, a written statement that – (i) gives particulars of any injury, loss or damage suffered by the victim as a direct result of the offence; and (ii) describes the effects on the victim of the commission of the offence. (2C)  After notifying a victim under subsection (2B) , the Secretary is to notify the Board, in writing, of – (a) the name of that victim; and (b) the date on which the notice to the victim was given under that subsection. (2D)  If a search of the victims register under subsection (2B) discloses that no victim is listed in the register, the Secretary is to notify the Board, in writing, of that fact. (2E)  If the Board has received notice from the Secretary to the effect that the Secretary has notified one or more victims under subsection (2B) , the Board is not to consider whether the prisoner should be released on parole until the first of the following occurs: (a) all victims so notified have provided the Board with written statements; (b) the expiry of the period of 30 days in which the last victim so notified may provide a statement under subsection (2B) . (b) by inserting the following paragraph after paragraph (k) in subsection (4) : (ka) any statement provided under subsection (2B) by a victim of an offence for which the prisoner has been sentenced to imprisonment; and (c) by omitting subsection (7) and substituting the following subsections: (7)  If the Board makes an order under subsection (3)(a)  – (a) it is to cause notice of the order to be given to the prisoner in such manner as it considers appropriate; and (b) it is to publish its reasons for the order and is to give a copy of the reasons to any victim who has provided a statement under subsection (2B) . (7A)  Before publishing the reasons and giving a copy of them to a victim, the Board may delete any material that relates to the privacy of the prisoner or of any other person if the Board is of the opinion that it is in the interests of the prisoner or any other person to do so. (d) by inserting the following subsection after subsection (10) : (11)  In this section, victims register means a register kept by the Secretary in which a victim of an offence in respect of which the offender has been sentenced to a term of imprisonment may have his or her name listed at his or her request.

[Second reading presentation speech made in:

House of Assembly on 29 MAY 2002

Legislative Council on 19 JUNE 2002]