EXPLANATORY STATEMENT
STATUTORY RULES 1985 No. 179
Issued by the Authority of the Attorney-General
CRIMES ACT 1914
CRIMES REGULATIONS (AMENDMENT)
Section 91 of the Crimes Act 1914 authorizes the Governor-General to make regulations prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out the Act.
Section 21AA of the Act permits a court, when sentencing a person for an offence against the laws of the Commonwealth to take into account other offences in respect of which the person has been charged, presented for trial or committed for sentence. Section 21AA further provides for the filing in the court of a document specifying those other offences. It also provides for certification upon the document by the Court of the offences taken into account in imposing sentence. The document is to be in, or to the effect of, the form prescribed for the purposes of section 21AA.
The Schedule to the Crimes Regulations 1982 contains the form prescribed by those Regulations for the purposes of Section 21AA of the Act.
An amendment to the form is required as a consequence of the creation of the Office of the Director of Public Prosecutions and the abolition of the Deputy Crown Solicitor’s Office.
The proposed amendment replaces a reference in the form to the Deputy Crown Solicitor’s Office with a joint reference to a Branch Office of the Director of Public Prosecutions and a Regional Office of the Attorney-General’s Department.
In all other respects the form remains the same.
Overview
The Statutory Rules 1985 No. 179, issued by the authority of the Attorney-General, concerns amendments to the Crimes Regulations 1982 under the Crimes Act 1914. These regulations were enacted to update the existing legal framework in response to structural changes within the Commonwealth's prosecutorial system. Specifically, the amendments address the creation of the Office of the Director of Public Prosecutions and the dissolution of the Deputy Crown Solicitor’s Office. The policy objective is to ensure that the legal process for sentencing, as outlined in Section 21AA of the Act, remains effective and appropriately reflects current organisational structures. The changes made are aimed at maintaining the integrity and efficiency of the legal procedures by updating references in the prescribed form for documenting other offences considered during sentencing.
Scope and Application
The Crimes Regulations (Amendment) Statutory Rules 1985 No. 179 pertains to the Crimes Act 1914 and is concerned with the amendment of the form prescribed under Section 21AA, which deals with the consideration of other offences when sentencing an individual for an offence against the laws of the Commonwealth. The regulations are applicable to all persons involved in the sentencing process, including the courts, legal practitioners, and the relevant governmental offices. The amendment is necessary due to structural changes within the Commonwealth’s legal apparatus, specifically the creation of the Office of the Director of Public Prosecutions and the abolition of the Deputy Crown Solicitor’s Office. These changes necessitate an update to the form used for documenting other offences considered during sentencing to reflect the current organisational structure. The amendment affects the entire Commonwealth jurisdiction and applies to all cases where Section 21AA of the Crimes Act 1914 is invoked. The amendment does not introduce any new exclusions or thresholds but ensures that the legal documentation remains aligned with current administrative practices. The form itself, apart from the specified amendments, retains its original structure and purpose as prescribed under the Crimes Regulations 1982.
Key Provisions
The main operative sections of the Statutory Rules 1985 No. 179 involve amendments to the form prescribed for the purposes of section 21AA of the Crimes Act 1914. Specifically, section 91 of the Act allows the Governor-General to make regulations necessary for carrying out the Act, and section 21AA allows a court to consider other offences when sentencing an individual for a Commonwealth offence. The amendment to the form in the Schedule to the Crimes Regulations 1982 replaces a reference to the Deputy Crown Solicitor’s Office with references to a Branch Office of the Director of Public Prosecutions and a Regional Office of the Attorney-General’s Department, reflecting recent changes in governmental structure.
The Act imposes certain obligations on courts when sentencing individuals. Courts must take into account other offences in respect of which the person has been charged, presented for trial, or committed for sentence. This requires the filing of a specific document in the court that specifies these other offences, and it mandates certification by the Court of the offences taken into account in imposing sentence. This process ensures that the court's sentencing decision is informed by a comprehensive understanding of the offender’s criminal history.
Failure to comply with the requirements set out in the Crimes Act 1914 and the Crimes Regulations 1982 can result in significant legal consequences. While the Explanatory Statement does not explicitly detail the offences, penalties, or civil/criminal consequences for breach, it is understood that non-compliance with statutory requirements can lead to legal challenges or the nullification of certain legal proceedings. The precise nature and extent of penalties would be determined by the specific context of the breach and the provisions of the overarching legislation.