Untitled document
Sentencing (Amendment) Act 1997
Act No. 69/1997
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purpose 1 2. Commencement 2
PART 2—AMENDMENT OF SENTENCING ACT 1991 3
3. Principal Act 3 4. Sentencing guidelines 3 5. Hospital security orders 3 6. Time held in custody before trial etc. to be deducted from hospital security order 4 7. PERIN fine cannot be converted to CBO except in open court 4 8. Only fines up to $10 000 may be converted to CBO 5 9. Electronic issue of certain warrants 6 10. Applicant for compensation order 7 11. Correction of cross-reference 8 12. New penalty scale 8 13. Amendments consequential on new penalty scale 8 14. Fine not alternative to imprisonment for level 2 offence 9 15. Maximum fines, etc. for certain common law offences 9 16. Classification of offences as indictable or summary 9 17. Maximum term of imprisonment for summary offence 9 18. New section 113D inserted 10
113D. Increased maximum fine for body corporate 10
19. Transitional provisions 10 20. New section 119 inserted 11 119. Transitional provisions (Sentencing (Amendment) Act
1997) 11
21. Serious offender offences 12
PART 3—AMENDMENT OF CRIMES ACT 1958 13
22. Alteration of maximum penalties 13 23. Penalties for attempt 14 24. Appeal by DPP against sentence made less severe on account of undertaking to assist law enforcement authorities 15
i
Section Page
25. New section 586 inserted 17 586. Transitional provisions (Sentencing (Amendment) Act
1997) 17
PART 4—AMENDMENT OF MAGISTRATES' COURT ACT 1989 18
26. Legal representation 18 27. Indictable offences triable summarily 18 28. Electronic issue of certain warrants 18 29. New Subdivision 4 inserted in Division 4 of Part 4 21 Subdivision 4—Appeal to Court of Appeal under section 567A(1A) of Crimes Act 1958 21 92A. Appeals under section 567A(1A) of Crimes Act 1958 21
═══════════════
NOTES 23
ii
Victoria
No. 69 of 1997
Sentencing (Amendment) Act 1997†
[Assented to 18 November 1997]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The main purposes of this Act are to—
(a)
enable the Director of Public Prosecutions to appeal against the sentence imposed on an offender given a less severe sentence on account of an undertaking to assist law enforcement authorities in the investigation or prosecution of an offence and who then fails to do so;
Sentencing (Amendment) Act 1997
Act No. 69/1997 s. 2
(b) introduce a new penalty scale for offences punishable by a fine and restrict the circumstances in which a fine may be imposed instead of imprisonment; (c) render bodies corporate liable to a maximum fine for an offence against the Crimes Act 1958 of five times the maximum to which natural persons are liable; (d) impose a limit on the maximum fine for certain common law offences and enable common law offences to be punished by a community-based order;
(e) prevent any part of a fine in excess of based order;
(f)
ensure that only a court can convert to a community-based order a fine imposed on the hearing of a PERIN matter referred to the Magistrates' Court in certain circumstances.
2. Commencement
(1) This Act (except sections 7, 8, 17, 19 and 21)
comes into operation on the day on which it
receives the Royal Assent.
(2) Sections 17, 19 and 21 are deemed to have come into operation on 1 September 1997.
(3) Subject to sub-section (4), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(4) If a provision referred to in sub-section (3) does
not come into operation before 1 July 1998, it
comes into operation on that day.
_______________
Sentencing (Amendment) Act 1997
| s. 3 | Act No. 69/1997 |
PART 2—AMENDMENT OF SENTENCING ACT 1991
3. Principal Act
| No. 49/1991. | In this Part, the Sentencing Act 1991 is called the |
| Reprint No. 3 | |
| as at 1 | Principal Act. |
| September 1997. Further amended by No. 48/1997. |
4. Sentencing guidelines
In section 5 of the Principal Act, after sub-section
(2AA) insert—
"(2AB) If, in sentencing an offender, a court imposes
a less severe sentence than it would
otherwise have imposed because of an
undertaking given by the offender to assist,
after sentencing, law enforcement authorities
in the investigation or prosecution of an
offence, the court must announce that it is
doing so and cause to be noted in the records
of the court the fact that the undertaking was
given and its details.
(2AC) Nothing in sub-section (2AB) requires a
court to state the sentence that it would have
imposed but for the undertaking that wasgiven.".
5. Hospital security orders
In section 7 of the Principal Act, after paragraph
(a) insert—
"(aab) subject to Part 5, record a conviction and order that the offender be admitted to and detained in an approved mental health
service as a security patient (a hospital
security order); or".
Sentencing (Amendment) Act 1997
Act No. 69/1997 s. 6 6. Time held in custody before trial etc. to be deducted from hospital security order
(1) In section 18(1) of the Principal Act—
(a)
after "term of imprisonment" insert ", or to a period of detention in an approved mental health service under a hospital security order,";
(b)
after "period of imprisonment" insert "or detention".
(2) In section 18(2) of the Principal Act—
(a) in paragraph (b), after "imprisonment" insert mental health service";
(b)
in paragraph (d), after "or detention" (where secondly occurring) insert "or hospital security order".
(3) In section 18(5) of the Principal Act, after
"imprisonment" insert "or detention".
(4) In section 35(2)(c) of the Principal Act, after "or
imprisonment" (where secondly occurring) insert
"or hospital security order".
7. PERIN fine cannot be converted to CBO except in open court
(1) In section 55 of the Principal Act, at the end of the
section insert—
"(2) An offender may not apply under sub-section
(1)(d) if the fine was imposed in respect of
an offence heard and determined by the
Magistrates' Court as a result of the
revocation of an enforcement order within
the meaning of, or the making of an
application under clause 10(6) of, Schedule 7
to the Magistrates' Court Act 1989.
Sentencing (Amendment) Act 1997
| s. 8 | Act No. 69/1997 |
(3) An offender on whom a fine referred to in sub-section (2) has been imposed may, at any time before the commencement of a
hearing under section 62(10), apply to the magistrate for a community-based order requiring him or her to perform unpaid community work as directed by the Regional Manager for a number of hours fixed in accordance with section 63(2).
(4) On an application under sub-section (3), the Magistrates' Court may—
(a)
make one or more orders of a kind referred to in sub-section (1); or
(b) confirm any order then in force.".
(2) In section 62 of the Principal Act, after sub-
section (12) insert—
"(13) Despite anything to the contrary in this
section, neither sub-section (1) nor (7)(b) operate to allow a person to consent to the making of a community-based order if the fine was imposed in respect of an offence heard and determined by the Magistrates' Court as a result of the revocation of an
enforcement order within the meaning of, or
the making of an application under clause
10(6) of, Schedule 7 to the Magistrates'Court Act 1989.".
8. Only fines up to $10 000 may be converted to CBO
(1) In section 55 of the Principal Act—
(a)
after "court for" insert "one or more of the following";
(b)
in paragraph (d), at the beginning of the paragraph insert "if the amount of the fine is
Sentencing (Amendment) Act 1997
Act No. 69/1997 s. 9
not more than $10 000 or, if it is, for a part
of it up to $10 000,".
(2) In section 62(1) of the Principal Act, after
"unless" insert ", where the amount of the fine or
instalment remaining unpaid is not more than$10 000,".
(3) In section 62(7) of the Principal Act, at the
beginning of paragraph (b) insert "if the amount of the fine or instalment remaining unpaid is not more than $10 000,".
(4) In section 62(10) of the Principal Act, after "it
may" insert "do one or more of the following".(5) In section 62 of the Principal Act, after sub- section (10) insert—
"(10AA) A court cannot make an order under this
Division in respect of a fine that would result in an offender performing unpaid community work in respect of more than $10 000 of the
amount of the fine.".
(6) In section 63(2) of the Principal Act, after
"remaining unpaid" insert "up to $10 000".
9. Electronic issue of certain warrants
In section 62 of the Principal Act, after sub- section (2) insert—
"(2A) A warrant to arrest to be directed to the
sheriff may be issued, not in paper form, but
by the proper officer signing a document
containing the following particulars in
relation to persons against whom a warrant is
to be issued under sub-section (1) and
causing those particulars to be transferred
electronically to the sheriff in accordancewith the regulations, if any:
(a) the name of the person in default;
Sentencing (Amendment) Act 1997
| s. 10 | Act No. 69/1997 |
(b) the type of warrant;
(c)
the amount of the fine or instalment remaining unpaid;
(d) the date of issue of the warrant;
(e)
the name of the proper officer signing the document;
(f)
any other particulars that are prescribed.
(2B) A warrant issued in accordance with sub-
section (2A)—
(a)
directs and authorises the sheriff to do all things that he or she would have been directed and authorised to do if a warrant containing the particulars referred to in sub-section (2A) and directed to the sheriff had been issued in paper form under sub-section (1) by the proper officer;
(b)
must not be amended, altered or varied after its issue, unless the amendment, alteration or variation is authorised by or under this or any other Act.".
10. Applicant for compensation order
In section 86(5)(b)(ii) of the Principal Act—
(a)
omit "(if the sentencing court was the Supreme Court or the County Court)";
(b)
for "or the informant" substitute "or (if the sentencing court was the Magistrates' Court) the informant";
(c)
omit "(if the sentencing court was the Magistrates' Court)".
Sentencing (Amendment) Act 1997
Act No. 69/1997 s. 11
11. Correction of cross-reference
In section 93(4) of the Principal Act, for "12" substitute "11".
12. New penalty scale1
For Table 2 in section 109(2) of the Principal Act substitute—
"TABLE 2
Column 1 Column 2 Level Maximum Fine 1 — 2 3000 penalty units 3 2400 penalty units 4 1800 penalty units 5 1200 penalty units 6 600 penalty units 7 240 penalty units 8 120 penalty units 9 60 penalty units 10 10 penalty units 11 5 penalty units 12 1 penalty unit.".
13. Amendments consequential on new penalty scale
(1) In column 1 of Table 3 in section 109(3) of the Principal Act—
(a)
for "3 years or more" substitute "More than 2 years";
Sentencing (Amendment) Act 1997
| s. 14 | Act No. 69/1997 |
(b) omit "or more but less than 3".
(2) In column 1 of Table 4 in section 109(4) of the Principal Act—
(a)
for "360 penalty units or more" substitute "More than 240 penalty units";
(b) omit "'or more but less than 360".
14. Fine not alternative to imprisonment for level 2 offence
(1) In section 109(3) of the Principal Act, for "An offence" substitute "Subject to sub-section (3A), an offence".
(2) In section 109 of the Principal Act, after sub- section (3) insert—
"(3A) An offence that is punishable by level 2
imprisonment is, unless the contrary
intention appears, punishable (in addition to
but not instead of imprisonment) by a level 2
fine if the offender is not a body corporate.".
(3) In section 109(4) of the Principal Act, after "punishable by a fine" insert "(including an offence referred to in sub-section (3A))".
15. Maximum fines, etc. for certain common law offences
In section 109(3) and (4) of the Principal Act, omit "against an Act, subordinate instrument or local law".
16. Classification of offences as indictable or summary
In section 112(1) of the Principal Act, omit "level
1, 2, 3, 4, 5, 6, 7 or 8".
17. Maximum term of imprisonment for summary offence
In section 113A(1) of the Principal Act, after
"summary offence" insert "punishable, but for
Sentencing (Amendment) Act 1997
Act No. 69/1997 s. 18 this section, by a term of imprisonment of more
than 2 years".
18. New section 113D inserted
After section 113C of the Principal Act insert—
113D. Increased maximum fine for body
corporate
(1) If a body corporate is found guilty of an
offence against the Crimes Act 1958 and the court has power to fine the body corporate, it may, unless the contrary intention appears,
impose on the body corporate a fine not
greater than 5 times the amount of the
maximum fine that could be imposed by the
court on a natural person found guilty of thesame offence committed at the same time.
(2) This section has effect despite anything to
the contrary in this Act and despite the prescription of a maximum fine for the offence applicable to all offenders.".
19. Transitional provisions
In section 118 of the Principal Act, after sub- section (3) insert—
"(3A) The amendment of section 68 of the Crimes Act 1958 made by item 45(a) of Schedule 1 to the Sentencing and Other Acts
(Amendment) Act 1997 effecting a change from summary to indictable in the nature of an offence against that section applies only to offences alleged to have been committed after the commencement of that Schedule.
(3B) The amendment of section 70D(1) of the
Crimes Act 1958 made by item 51 of
Schedule 1 to the Sentencing and Other
Acts (Amendment) Act 1997 effecting a
Sentencing (Amendment) Act 1997
| s. 20 | Act No. 69/1997 |
change from indictable to indictable triable
summarily in the nature of an offence against
that section applies to a proceeding for an
offence that is commenced after the
commencement of that Schedule,
irrespective of when the offence to which the
proceeding relates is alleged to have been
committed.(3C) The amendments of sections 91 and 343 of the Crimes Act 1958 made by items 67(a) and 99 of Schedule 1 to the Sentencing and
Other Acts (Amendment) Act 1997 effecting a change from indictable to summary in the nature of an offence against
those sections apply to a proceeding for an
offence that is commenced after the
commencement of that Schedule,
irrespective of when the offence to which the
proceeding relates is alleged to have been
committed.(3D) For the purposes of sub-section (3A), if an offence is alleged to have been committed between two dates and Schedule 1 to the
Sentencing and Other Acts (Amendment) Act 1997 commences on a date between those two dates, the offence is alleged to have been committed before the commencement of that Schedule.".
20. New section 119 inserted
After section 118 of the Principal Act insert—
"119. Transitional provisions (Sentencing
(Amendment) Act 1997)
(1) An amendment of this Act made by a provision of section 4, 6, 7 or 8 of the Sentencing (Amendment) Act 1997 applies
to a sentence imposed after the
Sentencing (Amendment) Act 1997
Act No. 69/1997 s. 21 commencement of that provision,
irrespective of when the offence was
committed and, for this purpose, a sentence
imposed by an appellate court on setting
aside a sentencing order must be taken to
have been imposed at the time the originalsentencing order was made.
(2) An amendment of this Act made by a
provision of section 14, 15 or 18 of the only to offences alleged to have been committed after the commencement of that provision.
(3) For the purposes of sub-section (2), if an
offence is alleged to have been committed between two dates and the provision of the Sentencing (Amendment) Act 1997
effecting the amendment commences on a
date between those two dates, the offence is
alleged to have been committed before thecommencement of that provision.".
21. Serious offender offences
In clauses 1(a), (b), (c) and (d), 2(c) and (d) and 3(b) and (c) of Schedule 1 to the Principal Act, after "offence against" insert ", or for which the
penalty or the maximum or minimum penalty is
fixed by,".
_______________
Sentencing (Amendment) Act 1997
| s. 22 | Act No. 69/1997 |
PART 3—AMENDMENT OF CRIMES ACT 1958
22. Alteration of maximum penalties2
| No. 6231. | (1) In the penalty set out at the foot of section 29(1) |
| Reprint No. 13 | |
| as at 5 June | of the Crimes Act 1958, after "level 5 fine" insert |
| 1997. Further | "(1200 penalty units maximum)". |
| amended by | |
| Nos. 66/1996, | |
| 26/1997, | (2) For the penalty set out at the foot of section 56(2) |
| 30/1997, | of the Crimes Act 1958 substitute "Penalty: |
| 44/1997 and | Level 6 imprisonment (5 years maximum)". |
| 48/1997. |
(3) In the penalty set out at the foot of section 60(1)
of the Crimes Act 1958, for "level 11 fine"
substitute "level 8 fine (120 penalty units
maximum)".
(4) In section 60B(2) of the Crimes Act 1958, for
"level 11 fine" substitute "level 8 fine (120
penalty units maximum)".
(5) In section 89 of the Crimes Act 1958, for "level 13 fine" substitute "level 11 fine (5 penalty units maximum)".
(6) In the penalty set out at the foot of section 248(1), (2) and (3) of the Crimes Act 1958, after "level 5 fine" insert "(1200 penalty units maximum)".
(7) In the penalty set out at the foot of section
317A(1) and (2) of the Crimes Act 1958, for
"level 7 fine" substitute "level 6 fine (600 penalty
units maximum)".
(8) In section 321C(2)(b) of the Crimes Act 1958, for "level 7 fine" substitute "level 6 fine (600 penalty units maximum)".
(9) In section 321I(2)(b) of the Crimes Act 1958, for "level 7 fine" substitute "level 6 fine (600 penalty units maximum)".
Sentencing (Amendment) Act 1997
Act No. 69/1997 s. 23 (10) For the penalty set out at the foot of section 343(1) of the Crimes Act 1958, substitute "Penalty: Level 9 fine (60 penalty units
maximum)".
(11) In section 415(1) and (1A) of the Crimes Act
1958, for "level 13 fine" substitute "fine not
exceeding 5 penalty units".
(12) In section 443A(3) of the Crimes Act 1958, for "an offence against this Act and liable to a level 12 fine" substitute "a summary offence and liable
to a level 10 fine (10 penalty units maximum)".
(13) In section 456AA(3) and (5) of the Crimes Act
1958, for "level 13 fine" substitute "level 11 fine
(5 penalty units maximum)".
(14) In section 464O(7) of the Crimes Act 1958, for
"level 12 fine" substitute "level 10 fine (10
penalty units maximum)".
(15) In section 464ZG(8) and (9) of the Crimes Act 1958, for "level 10 imprisonment or a level 10 fine" substitute "level 8 imprisonment (1 year maximum) or a level 8 fine (120 penalty units maximum)".
23. Penalties for attempt3
For the Table in section 321P(1)(a) of the Crimes
Act 1958 substitute—
"TABLE
Column 1 Column 2 Level 1 imprisonment Level 2 imprisonment (life) (25 years maximum) Level 2 imprisonment Level 3 imprisonment (25 years maximum) (20 years maximum) Level 2 fine (3000 penalty Level 3 fine (2400 penalty units maximum) units maximum) Level 3 imprisonment Level 4 imprisonment
Sentencing (Amendment) Act 1997
s. 23
| s. 24 | Act No. 69/1997 |
Column 1 Column 2 (20 years maximum) (15 years maximum) Level 3 fine (2400 penalty Level 4 fine (1800 penalty units maximum) units maximum) Level 4 imprisonment Level 5 imprisonment (15 years maximum) (10 years maximum) Level 4 fine (1800 penalty Level 5 fine (1200 penalty units maximum) units maximum) Level 5 imprisonment Level 6 imprisonment (10 years maximum) (5 years maximum) Level 5 fine (1200 penalty Level 6 fine (600 penalty units maximum) units maximum) Level 6 imprisonment Level 7 imprisonment (5 years maximum) (2 years maximum) Level 6 fine (600 penalty Level 7 fine (240 penalty units maximum) units maximum) Level 7 imprisonment Level 8 imprisonment (2 years maximum) (1 year maximum) Level 7 fine (240 penalty Level 8 fine (120 penalty units maximum) units maximum) Level 8 imprisonment Level 9 imprisonment (1 year maximum) (6 months maximum) Level 8 fine (120 penalty Level 9 fine (60 penalty units maximum) units maximum) Level 9 imprisonment Level 10 fine (10 penalty (6 months maximum) units maximum) Level 9 fine (60 penalty Level 10 fine (10 penalty units maximum) units maximum) Level 10 fine (10 penalty Level 11 fine (5 penalty units maximum) units maximum) Level 11 fine (5 penalty Level 12 fine (1 penalty units maximum) unit maximum) Level 12 fine (1 penalty Level 12 fine (1 penalty unit maximum) unit maximum)
."
24. Appeal by DPP against sentence made less severe on account of undertaking to assist law enforcement authorities
Sentencing (Amendment) Act 1997
Act No. 69/1997
(1) In section 567A of the Crimes Act 1958, after sub-section (1) insert—
"(1A) Without limiting any right of appeal under
sub-section (1), the Director of Public appeal to the Court of Appeal against the sentence passed on a person convicted on indictment or of an indictable offence heard and determined summarily by the Magistrates' Court under section 53(1) of the Magistrates' Court Act 1989 if—
(a) because of an undertaking given by that
person to assist, after sentencing, law
enforcement authorities in the
investigation or prosecution of anthat sentence was of lesser severity that offence had been commenced at the time of sentencing; and
(b) the Director of Public Prosecutions considers that that person has failed wholly or partly to fulfil the undertaking.
(1B) An appeal under sub-section (1A) may be brought at any time and whether or not the sentence has been served.".
(2) In section 567A(2) of the Crimes Act 1958, after "(1)" insert "or (1A)".
(3) In section 567A(3) of the Crimes Act 1958, after "appeal" insert "under sub-section (1)".
(4) In section 567A(4) of the Crimes Act 1958, for
"under this section" substitute "under sub-section
(1)".
(5) In section 567A of the Crimes Act 1958, after sub-section (4) insert—
Sentencing (Amendment) Act 1997
s. 25
| s. 25 | Act No. 69/1997 |
"(4A) On an appeal under sub-section (1A) the Court of Appeal may, if it thinks that the respondent has failed wholly or partly to fulfil the undertaking, quash the sentence passed and pass such other sentence
warranted in law as it thinks fit.".
25. New section 586 inserted
At the end of Part 7 of the Crimes Act 1958 insert—
"586. Transitional provisions (Sentencing
(Amendment) Act 1997)
(1) The amendment of section 443A(3) made by
section 22(12) of the Sentencing
(Amendment) Act 1997 effecting a change
from indictable to summary in the nature of
an offence against that section applies to a
proceeding for an offence that is commenced
after the commencement of section 22(12) of
that Act, irrespective of when the offence to
which the proceeding relates is alleged to
have been committed.
(2) The amendments of section 567A made by
section 24 of the Sentencing (Amendment) Act 1997 apply to appeals against sentences passed after the commencement of section
24 of that Act, irrespective of when theoffence was committed.
(3) For the purposes of sub-section (2) a
sentence passed by an appellate court on setting aside a sentencing order must be taken to have been passed at the time the original sentencing order was made.".
_______________
Sentencing (Amendment) Act 1997
Act No. 69/1997 s. 26
PART 4—AMENDMENT OF MAGISTRATES' COURT ACT
1989
26. Legal representation
(1) In section 38 of the Magistrates' Court Act 1989, at the end of paragraph (c) insert—
No. 51/1989. Reprint No. 4
as at 1 August 1997. Further
"; or
amended by Nos. 63/1995,
(d) if the proceeding was commenced by the
66/1996, 4/1997,
filing by a prescribed person or a member of 26/1997, and a prescribed class of persons of a charge 48/1997. under section 18W(1), 26(1), 31(1), 47(1) or
79(1) of the Sentencing Act 1991, by any
other prescribed person or any other member
of the prescribed class of persons within the
meaning of that Act.".
(2) Until the commencement of sections 13(2)(b) and
(Amendment) Act 1997, section 38 of the
19(2)(b) of the Sentencing and Other Acts the end of paragraph (c) there were inserted—
"; or
(ca) if the proceeding was commenced by the
filing by a community corrections officer of a charge under section 26(1) or 47(1) of the Sentencing Act 1991, by any other
community corrections officer.".
27. Indictable offences triable summarily
In section 53(1A) of the Magistrates' Court Act
1989, omit "by level 5, 6, 7 or 8".
28. Electronic issue of certain warrants
(1) In section 69 of the Magistrates' Court Act 1989, after sub-section (3) insert—
Sentencing (Amendment) Act 1997
| s. 28 | Act No. 69/1997 |
"(3A) A warrant to imprison under section 68(b) to
be directed to the sheriff may be issued, not
in paper form, but by a magistrate or
registrar signing a document containing the
following particulars in relation to persons
against whom a warrant is to be issued under
that section and causing those particulars to
be transferred electronically to the sheriff in
accordance with the regulations, if any:
(a) the name of the person in default;
(b) the type of warrant;
(c)
the amount of the fine or instalment remaining unpaid;
(d)
the period for which, or the circumstances in which, the person in default is to be kept in custody under the warrant;
(e) the date of issue of the warrant;
(f)
the name of the magistrate or registrar signing the document;
(g)
any other particulars that are prescribed.
(3B) A warrant issued in accordance with sub-
section (3A)—
(a)
directs and authorises the sheriff to do all things that he or she would have been directed and authorised to do if a warrant containing the particulars referred to in sub-section (3A) and directed to the sheriff had been issued in paper form under section 68(b) by the magistrate or registrar;
(b)
must not be amended, altered or varied after its issue, unless the amendment,
Sentencing (Amendment) Act 1997
Act No. 69/1997 s. 28 alteration or variation is authorised by
or under this or any other Act.".(2) In section 73 of the Magistrates' Court Act 1989, after sub-section (3) insert—
"(3AA) A warrant to seize property under sub- section (1)(a) or section 98(7)(b) to be directed to the sheriff (other than a warrant
referred to in sub-section (3A)) may be
issued, not in paper form, but by a magistrate
or registrar signing a document containing
the following particulars in relation to
persons against whom a warrant is to be
issued under sub-section (1)(a) or section
98(7)(b) and causing those particulars to be
transferred electronically to the sheriff inaccordance with the regulations, if any:
(a) the name of the person in default;
(b) the type of warrant;
(c)
the amount of the fine or instalment remaining unpaid;
(d) the date of issue of the warrant;
(e)
the name of the magistrate or registrar signing the document;
(f)
any other particulars that are prescribed.
(3AB) A warrant issued in accordance with sub-
section (3AA)—
(a)
directs and authorises the sheriff to do all things that he or she would have been directed and authorised to do if a warrant containing the particulars referred to in sub-section (3AA) and directed to the sheriff had been issued in paper form under sub-section (1)(a)
Sentencing (Amendment) Act 1997
| s. 29 | Act No. 69/1997 |
| or section 98(7)(b) by the magistrate or registrar; |
(b)
must not be amended, altered or varied after its issue, unless the amendment, alteration or variation is authorised by or under this or any other Act.".
29. New Subdivision 4 inserted in Division 4 of Part 4
After Subdivision 3 of Division 4 of Part 4 of the
Magistrates' Court Act 1989 insert—"Subdivision 4—Appeal to Court of Appeal under section 567A(1A) of Crimes Act 1958
92A. Appeals under section 567A(1A) of Crimes
Act 1958
Nothing in this Division affects any right of the Director of Public Prosecutions under section 567A(1A) of the Crimes Act 1958 to appeal to the Court of Appeal against the sentence passed on a person convicted of an indictable offence heard and determined summarily by the Court under section 53(1) of this Act.".
═══════════════
Sentencing (Amendment) Act 1997
Act No. 69/1997 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 18 September 1997
Legislative Council: 15 October 1997
The long title for the Bill for this Act was "to amend the Sentencing Act
1991, the Crimes Act 1958 and the Magistrates' Court Act 1989 andfor other purposes."
1 See section 114 of the Sentencing Act 1991 for effect of alterations in
penalties.
2 See note 1.
3 See note 1.
0
0
0