Sentencing (Miscellaneous) Amendment Act 2018 (SA)

South Australia

Sentencing (Miscellaneous) Amendment Act 2018

An Act to amend the Sentencing Act 2017.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Sentencing (Miscellaneous) Amendment Act 2018.

2Commencement

This Act will come into operation on a day to be fixed by proclamation.

3Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Sentencing Act 20174Amendment of section 5 – Interpretation

Section 5(1), definition of intervention program manager—delete the definition and substitute:

intervention program manager means—

1. (a)

   for the purposes of sections 29 and 30—a person employed by the South Australian Courts Administration Authority (including a delegate of such a person) to have general oversight of intervention programs referred to in those sections and to coordinate the implementation of relevant court orders under those sections; or

2. (b)

   for the purposes of this Act (other than sections 29 and 30)—a person employed in the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of the Correctional Services Act 1982 (including a delegate of such a person) to have general oversight of intervention programs and coordinate the implementation of relevant court orders;

5Amendment of section 40 – Reduction of sentences for guilty pleas in other cases

1. (1)

   Section 40(3)(d)—delete "arraignment appearance" and substitute:

   first date fixed for the arraignment

2. (2)

   Section 40(3)(e)—delete "defendant's arraignment appearance" and substitute:

   first date fixed for the arraignment of the defendant

6Amendment of section 71 – Home detention orders

1. (1)

   Section 71(5), definition of serious and organised crime offence, (a)—after subparagraph (iii) insert:

   1. (iv)

      an attempt to commit any of the offences referred to in any of the preceding subparagraphs; or

2. (2)

   Section 71(5), definition of serious and organised crime offence, (b)—after subparagraph (v) insert:

   1. (vi)

      an attempt to commit any of the offences referred to in any of the preceding subparagraphs;

7Amendment of section 79 – Purpose of intensive correction order

Section 79(1)(a)—delete "12 months" and substitute:

2 years

8Amendment of section 98 – Conditions of bonds under this Act

Section 98(7)(b)—delete "case manager" and substitute:

community corrections officer

9Amendment of section 103 – Variation or discharge of bond

Section 103(2)—delete ", despite the fact that the term, as so extended, exceeds 3 years"