Sentencing Legislation Further Amendment Act 1997 (NSW)
New South Wales
Sentencing Legislation Further
Amendment Act 1997 No 6
Contents
Page
| 1 Name of Act | 2 |
| 2 Commencement | 2 |
| 3 | Amendment of Sentencing Act 1989 No 87 | 2 |
| 4 | Amendment of Correctional Centres Act 1952 No 9 | 2 |
Sc hedules
| 1 | Amendment of Sentencing Act 1989 | 3 |
| 2 | Amendment of Correctional Centres Act 1952 | 8 |
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New South Wales
Sentencing Legislation Further
Amendment Act 1997 No 6
Act No 6, 1997
An Act to amend the Sentencing Act 1989 and the Correctional Centres Act 1952 in relation to persons who are serving sentences of penal servitude or imprisonment for life; and for other purposes. [Assented to 9 May 1997]
| Section 1 | Sentencing Legislation Further Amendment Act 1997 No 6 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Sentencing Legislation Further Amendment Act
1997.
2 Commencement
This Act commences on the date of assent.
3 Amendment of Sentencing Act 1989 No 87
The Sentencing Act 1989 is amended as set out in Schedule 1.
4 Amendment of Correctional Centres Act 1952 No 9
The Correctional Centres Act 1952 is amended as set out in
Schedule 2.
Sentencing Legislation Further Amendment Act 1997 No 6
| Amendment of Sentencing Act 1989 | Schedule 1 |
| Schedule 1 | Amendment of Sentencing Act 1989 |
(Section 3)
[1] Section 13A Existing life sentences
Insert in section 13A (1) in alphabetical order:
non-release recommendation, in relation to a person serving an existing life sentence, means a recommendation or observation, or an expression of opinion, by the original sentencing court that (or to the effect that) the person should never be released from imprisonment.
[2] Section 13A (3) and (3A)
Omit section 13A (3). Insert instead:
| (3) | A person is not eligible to make such an application unless the person has served: | |||
|
(3A) A person who is the subject of a non-release recommendation is not eligible for the determination of a minimum term and an additional term under this section, unless the Supreme Court, when considering the person's application under this section, is satisfied that special reasons exist that justify making the determination.
[3] Section 13A (4A)
Insert after section 13A (4):
| (4A) | In considering such an application, the Supreme Court is to have regard to all the circumstances surrounding the offence for which the life sentence was imposed, and all offences, wherever committed, of which the person has been convicted at any time (so far as this information is reasonably available to the Supreme Court). |
Sentencing Legislation Further Amendment Act 1997 No 6
| Schedule 1 | Amendment of Sentencing Act 1989 |
[4] Section 13A (8 8 )
Omit “ 2 years” . Insert instead “3 years” .
[5] Section 13A (8C)
Omit “ 2 years” . Insert instead “ 3 years” .
[6] Section 13A (9) (c)
Omit the paragraph. Insert instead:
| (c) | the need to preserve the safety of the community, and |
[7] Section 13A (10A)
Insert after section 13A (10):
(10A) The Supreme Court, in exercising its functions under this
section:
| (a) | must have regard to and give substantial weight to any relevant recommendations, observations and comments made by the original sentencing court when imposing the sentence concerned, and |
| (b) | must give consideration to adopting or giving effect to their substance and the intention of the original ‘sentencing court when making them, and |
| (c) | must, to the extent that it declines to adopt or give effect to those matters, state its reasons for doing so. |
[8] Section 13A (12) (c)
Omit “2 years”. Insert instead “3 years”.
[9] Section 13A (13)
Insert after section 13A (12):
| (1 3) | The reference in subsection (4A) to an offence of which a person has been convicted: | |
|
(i) a finding that an offence has been proved without proceeding to a conviction against the person, or
Sentencing Legislation Further Amendment Act 1997 No 6
| Amendment of Sentencing Act 1989 | Schedule 1 |
(ii) any offence taken into account when sentence was passed against the person, but
| (b) | does not include: | |||
|
[10] Section 22P
Insert after section 22O:
22P Matters to be considered concerning certain serious
offenders
| (1) | This section applies to a person whose sentence of imprisonment for life has been the subject of a determination under section 13A (4). | |||||
| (2) | The Board, in exercising its functions under this Part in relation to a person to whom this section applies: | |||||
| ||||||
| (3) | The Board, in exercising its functions under this Part in relation to a person to whom this section applies, must in particular have regard to the need to preserve the safety of the community. |
Sentencing Legislation Further Amendment Act 1997 No 6
| Schedule 1 | Amendment of Sentencing Act 1989 |
[11] Schedule 2A Savings and transitional provisions relating to amending Acts
Insert "Sentencing Legislation Further Amendment Act 1997." at the end of clause 1 (1).
[12] Schedule 2A, Part 3
Insert after Part 2:
|
7 Definition
In this Part:
amending Act means the Sentencing Legislation Further
Amendment Act 1997.
8 Time limit on re-applications regarding existing life
sentences
| (1) | The amendments made by the amending Act to section 13A do not apply to an application made by any person under that section that was pending immediately before the day on which the Bill for the amending Act was introduced into Parliament. However, they apply to any application made by such a person under section 13A on or after that day. |
| The amendment made to section 13A (8B) by the amending Act does not apply to a person to whom a period of 2 years referred to in that subsection is applicable immediately before the commencement of that amendment. However, it does apply to such a person in respect of any decision of the Supreme Court made after that commencement to decline to determine a minimum term and an additional term. |
Sentencing Legislation Further Amendment Act 1997 No 6
| Amendment of Sentencing Act 1989 | Schedule 1 |
| (3) | The amendment made to section 13A ( 12) (c) by the amending Act does not apply to a person in respect of whom a direction that the person not re-apply for a period exceeding 2 years but not exceeding 3 years was in force immediately before the commencement of that amendment. However, it does apply to such a person in respect of a direction given in relation to the person after that commencement. |
| (4) | Section 22P of this Act, and section 62AA of the Correctional Centres Act 1952, do not apply in the case of any review process that had commenced before the day on which the Bill for the amending Act was introduced into Parliament. |
Sentencing Legislation Further Amendment Act 1997 No 6
| Schedule 2 | Amendment of Correctional Centres Act 1952 |
| Schedule 2 | Amendment of Correctional Centres Act 1952 |
(Section 4)
Section 62AA
Insert after section 62:
62AA Matters to be considered concerning certain serious
offenders
| (1) | This section applies to a person serving an existing life sentence (as referred to in section 13A of the Sentencing Act 1989) or a sentence in respect of which a determination has been made under section 13A (4) of that Act. | |||||
| (2) | The Review Council, in exercising its functions under section 62 (1) (b) and (c), and under any other prescribed provisions of this Act or the regulations, in relation to a person to whom this section applies: | |||||
|
Sentencing Legislation Further Amendment Act 1997 No 6
| Amendment of Correctional Centres Act 1952 | Schedule 2 |
| (3) | The Review Council, in exercising its functions under section 62 (1) (b) and (c), and under any other prescribed provisions of this Act or the regulation, in relation to a person to whom this section applies, must in particular have regard to the need to preserve the safety of the community. |
[Minister's second reading speech made in—
Legislative Assembly on 8 May 1997
Legislative Council o n 8 May 1997]
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