Commonwealth of Australia Explanatory Memoranda

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CRIMES AMENDMENT (BAIL AND SENTENCING) BILL 2006

                      2004-2005-2006




THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA




                          SENATE




               CRIMES AMENDMENT
         (BAIL AND SENTENCING) BILL 2006




   SUPPLEMENTARY EXPLANATORY MEMORANDUM




       (Circulated by authority of the Attorney-General
             the Honourable Philip Ruddock MP)
CRIMES AMENDMENT (BAIL AND SENTENCING) BILL 2006

GENERAL OUTLINE

The purpose of the Bill is to amend the sentencing and bail provisions in the Crimes
Act 1914 in accordance with the decision made by the Council of Australian
Governments on 14 July 2006 following the Intergovernmental Summit on Violence
and Child Abuse in Indigenous Communities on 26 June 2006.

The Bill was introduced into the Parliament on 14 September 2006 and was
subsequently referred to the Senate Standing Committee on Legal and Constitutional
Affairs, which reported on 16 October 2006.

The Government accepts, in principle, Recommendation 1 of the Senate Standing
Committee and has addressed this aspect of the Committee's Report. These
Government amendments to the Bill will not prejudice the intent of the Council of
Australian Governments' agreement following the Intergovernmental Summit on
Violence and Child Abuse in Indigenous Communities.

The principal feature of the proposed amendments in this Bill is:

·   to give consideration to customary law and cultural practice, specifically, if a
    Court can not reduce a penalty under the legislation, then it also should not be
    able to increase the penalty.

FINANCIAL IMPACT

There is no financial impact from the provisions in this Bill.
NOTES ON ITEMS

Items 1 & 2

In its report the Senate Standing Committee on Legal and Constitutional Affairs
expressed concern, in relation to a court giving consideration to customary law and
cultural practice, specifically, if a Court can not reduce a penalty under the legislation,
then it also should not be able to increase the penalty. Item 1 amends the proposed
Bill to implement this change with respect to bail hearings and item 2 implements this
change with respect to sentencing.




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