Sentencing (Further Amendment) Act 2005 (Vic)

Sentencing (Further Amendment) Act 2005

Act No. 15/2005

table of provisions

Section  Page

1.Purpose

2.Commencement

3.Sentencing court required to consider impact of offence on victim

4.Contents of victim impact statement

5.New section 95F inserted in Sentencing Act 1991

95F.Reading aloud of victim impact statement

6.New section 130 inserted in Sentencing Act 1991

130.Transitional provision—Sentencing (Further Amendment) Act 2005

7.Amendment of section 136A of the Children and Young Persons Act 1989

8.Amendment of Schedule 3 to the Children and Young Persons Act 1989

9.New Division 3A inserted in Part II of Evidence Act 1958

Division 3A—Witness Orders

42.Victim who is a witness entitled to be present in court unless the court otherwise orders

10.New section 156A inserted in Evidence Act 1958

156A.Transitional provision—Sentencing (Further Amendment) Act 2005

11.Amendment of Magistrates' Court Act 1989—witness orders

12.Amendment of Schedule 8 to the Magistrates' Court Act 1989

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Endnotes

Sentencing (Further Amendment) Act 2005

[Assented to 10 May 2005]

The Parliament of Victoria enacts as follows:

1.Purpose

The purpose of this Act is to promote the recognition of victims in court processes by—

(a)amending the Sentencing Act 1991 to require sentencing courts to consider the impact of the offence on any victim; and

(b)amending the Sentencing Act 1991 and the Children and Young Persons Act 1989 to provide for the reading aloud of victim impact statements in sentencing hearings; and

(c)amending the Evidence Act 1958 and the Magistrates' Court Act 1989 to require courts only to order a victim who is a witness to leave the court until required to give evidence if it considers it appropriate to do so.

2.Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3.Sentencing court required to consider impact of offence on victim

After section 5(2)(d) of the Sentencing Act 1991 insert—

"(daa)the impact of the offence on any victim of the offence; and".

4.Contents of victim impact statement

In section 95B(1) of the Sentencing Act 1991, after "particulars" insert "of the impact of the offence on the victim and".

5.New section 95F inserted in Sentencing Act 1991

After section 95E of the Sentencing Act 1991 insert—

"95F.Reading aloud of victim impact statement

(1)If a victim who has made, or on behalf of whom another person has made, a victim impact statement so requests, the court must ensure that any admissible parts of the statement that are appropriate and relevant to sentencing are read aloud by the prosecutor in open court in the course of the sentencing hearing.

(2)Nothing in this section prevents the presiding judge or magistrate from reading aloud any admissible part of a victim impact statement in the course of sentencing the offender or at any other time in the course of the sentencing hearing.".

6.New section 130 inserted in Sentencing Act 1991

At the end of Part 12 of the Sentencing Act 1991 insert—

"130.Transitional provision—Sentencing (Further Amendment) Act 2005

An amendment made to this Act by a provision of the Sentencing (Further Amendment) Act 2005 applies to a proceeding for an offence commenced on or after the commencement of that provision, regardless of when the offence is alleged to have been committed.".

7.Amendment of section 136A of the Children and Young Persons Act 1989

(1)In section 136A(4) of the Children and Young Persons Act 1989, after "particulars" insert "of the impact of the offence on the victim and".

(2)After section 136A(11) of the Children and Young Persons Act 1989 insert—

"(12)If a victim who has made, or on behalf of whom another person has made, a victim impact statement so requests, the Court must ensure that any admissible parts of the statement that are appropriate and relevant to sentencing are read aloud by the prosecutor in open court in the course of the sentencing hearing.

(13)Nothing in this section prevents the presiding magistrate from reading aloud any admissible part of a victim impact statement in the course of sentencing the child or at any other time in the course of the sentencing hearing.".

8.Amendment of Schedule 3 to the Children and Young Persons Act 1989

After clause 27 of Schedule 3 to the Children and Young Persons Act 1989 insert—

"28.The amendments made to this Act by section 7 of the Sentencing (Further Amendment) Act 2005 apply to a proceeding for an offence commenced on or after the commencement of that section, regardless of when the offence is alleged to have been committed.".

9.New Division 3A inserted in Part II of Evidence Act 1958

After Division 3 of Part II of the Evidence Act 1958 insert—

"Division 3A—Witness Orders

42.Victim who is a witness entitled to be present in court unless the court otherwise orders

(1)A court in a criminal proceeding may only order a victim of the offence who is a witness in the proceeding to leave the courtroom until required to give evidence if the court considers it appropriate to do so, whether to ensure a fair trial or for any other reason.

(2)Nothing in this section prevents a court from ordering a victim who is a witness in the proceeding to leave the courtroom at any time after giving evidence if the court considers it appropriate to do so.".

10.New section 156A inserted in Evidence Act 1958

At the end of Part VIII of the Evidence Act 1958 insert—

"156A.Transitional provision—Sentencing (Further Amendment) Act 2005

Division 3A of Part II, inserted by section 9 of the Sentencing (Further Amendment) Act 2005, applies to a proceeding for an offence commenced on or after the commencement of that section, regardless of when the offence is alleged to have been committed.".

11.Amendment of Magistrates' Court Act 1989—witness orders

(1)After section 127(b) of the Magistrates' Court Act 1989 insert—

"(ba)in the case of a criminal proceeding, any victim of the offence unless the court otherwise specifies in the order; and".

(2)At the end of section 127 of the Magistrates' Court Act 1989 insert—

"(2)Nothing in this section prevents the Court from ordering a witness to leave the Court and to remain outside and beyond the hearing of the Court at any time after giving evidence if the Court considers it appropriate to do so.".

12.Amendment of Schedule 8 to the Magistrates' Court Act 1989

After clause 31 of Schedule 8 to the Magistrates' Court Act 1989 insert—

"31A.The amendment made to this Act by section 11 of the Sentencing (Further Amendment) Act 2005 applies to a proceeding for an offence commenced on or after the commencement of that section, regardless of when the offence is alleged to have been committed.".

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Endnotes

Minister's second reading speech—

Legislative Assembly: 24 March 2005

Legislative Council: 3 May 2005

The long title for the Bill for this Act was "to promote the recognition of victims in court processes, to amend the Sentencing Act 1991, the Children and Young Persons Act 1989, the Evidence Act 1958 and the Magistrates' Court Act 1989 and for other purposes."