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
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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
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NOTES 23
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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…