Crimes Regulations (Amendment)

Overview

The Crimes Regulations (Amendment) 1996 No. 228, issued under the authority of the Attorney-General and Minister for Justice, aims to amend the Crimes Regulations to address the legislative gap created by the enactment of the Western Australian Sentence Administration Act 1995 and Sentencing Act 1995. These amendments are necessary to ensure that federal offenders serving sentences in Western Australian prisons can continue to participate in pre-release permit schemes and benefit from alternative sentencing options post the repeal of the Offenders Community Corrections Act 1963 (WA). The policy objective is to maintain continuity in the application of pre-release schemes and alternative sentencing options for federal offenders in alignment with the new Western Australian legislative framework.

Scope and Application

The Crimes Regulations (Amendment) 1996 No. 228 applies to federal offenders serving sentences in state or territory prisons, allowing them to participate in state or territory pre-release permit schemes and alternative sentencing options. These regulations are necessary to adapt to the changes introduced by the Western Australian Sentencing Act 1995 and Sentence Administration Act 1995, which repeal the Offenders Community Corrections Act 1963 (WA) and introduce new sentencing orders. The amendments to the Crimes Regulations ensure that federal offenders in Western Australia can continue to participate in work release and home detention schemes under the new legislative framework, as well as avail themselves of new sentencing options such as community-based orders and intensive supervision orders. These regulations reflect the jurisdictional reach of the Commonwealth in relation to federal offenders, while accommodating the specific sentencing provisions of Western Australia.

Key Provisions

The primary sections of the Crimes Regulations (Amendment) 1996 No. 228 (the Regulations) amend Regulation 5 by omitting and substituting paragraph 5(1)(d) and also amend Regulation 6 by adding new paragraphs 6(e) and 6(f) (Regulations 3 and 4). These amendments are necessary to reflect changes brought about by the enactment of the Western Australian Sentence Administration Act 1995 and Sentencing Act 1995, which will take effect on 4 November 1996. The amendment to Regulation 5 ensures that federal offenders can continue to participate in Western Australian pre-release permit schemes such as work release and home detention, following the repeal of the Offenders Community Corrections Act 1963 (WA) (Regulation 3). Additionally, the amendment to Regulation 6 introduces community based orders and intensive supervision orders under the Western Australian Sentencing Act 1995 as alternatives to imprisonment for federal offenders sentenced in Western Australia (Regulation 4). The Regulations impose specific obligations and requirements on the relevant parties. Federal offenders who are eligible for and participate in the prescribed Western Australian pre-release permit schemes must adhere strictly to the conditions and supervision stipulated by the State authorities (Regulation 3). This includes compliance with the terms of their work release or home detention orders. Similarly, federal offenders who are sentenced to community based orders or intensive supervision orders under the Western Australian Sentencing Act 1995 must comply with the terms and conditions of these orders, as prescribed in the Regulations (Regulation 4). These obligations are critical for ensuring that federal offenders can benefit from the alternative sentencing options provided by Western Australian laws while maintaining the necessary oversight and control to protect the public. Breaches of the conditions specified in the prescribed Western Australian pre-release permit schemes or community based orders and intensive supervision orders can result in serious consequences. Under the Crimes Act 1914, such breaches may be considered offences that carry potential criminal penalties (Section 91). The maximum penalties for these offences can vary depending on the nature and severity of the breach. For instance, failure to comply with the conditions of a work release or home detention order could result in the offender being returned to custody, while more severe breaches might lead to additional criminal charges and penalties. Additionally, civil consequences may also apply, such as the forfeiture of benefits or financial penalties. It is important for all parties involved to be aware of these potential consequences and to ensure strict adherence to the conditions set forth in the Regulations.