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CRIMES (SENTENCING PROCEDURE) AMENDMENT (LIFE SENTENCE CONFIRMATION) BILL 2000





                               New South Wales




Crimes (Sentencing Procedure)
Amendment (Life Sentence
Confirmation) Bill 2000

Contents
                                                                          Page

                  1 Name of Act                                               2
                  2 Commencement                                              2
                  3 Amendment of Crimes (Sentencing Procedure) Act 1999
                    No 92                                                     2

        Schedule 1 Amendments                                                 3




b00-405-p02.818
                             New South Wales




Crimes (Sentencing Procedure)
Amendment (Life Sentence
Confirmation) Bill 2000

No     , 2000



A Bill for

An Act to amend the Crimes (Sentencing Procedure) Act 1999 so as to ensure that
an existing life sentence imposed on an offender in respect of whom the sentencing
court has recommended that the offender should never be released from
imprisonment can no longer be redetermined under Schedule 1 to that Act.
Clause 1        Crimes (Sentencing Procedure) Amendment (Life Sentence
                Confirmation) Bill 2000




The Legislature of New South Wales enacts:                                         1

  1      Name of Act                                                               2
             This Act is the Crimes (Sentencing Procedure) Amendment (Life         3
             Sentence Confirmation) Act 2000.                                      4

  2      Commencement                                                              5
             This Act commences on the date of assent.                             6

  3      Amendment of Crimes (Sentencing Procedure) Act 1999 No 92                 7
             The Crimes (Sentencing Procedure) Act 1999 is amended as set out in   8
             Schedule 1.                                                           9




Page 2
Crimes (Sentencing Procedure) Amendment (Life Sentence
Confirmation) Bill 2000

Amendments                                                             Schedule 1




Schedule 1          Amendments                                                          1

                                                                          (Section 3)   2


 [1]   Schedule 1 Existing life sentences                                               3

       Insert after clause 2 (3):                                                       4
               (4) The provisions of subclauses (2) (b) and (3) cease to have           5
                   effect on the date of assent to the Crimes (Sentencing               6
                   Procedure) Amendment (Life Sentence Confirmation) Act 2000.          7

 [2]   Schedule 1                                                                       8

       Insert after clause 8:                                                           9

          9   Barring of applications for offenders subject to non-release              10
              recommendations                                                           11
               (1) On and from the date of assent to the Crimes (Sentencing             12
                   Procedure) Amendment (Life Sentence Confirmation) Act 2000:          13
                   (a)   a disqualified person is no longer eligible to apply to the    14
                         Supreme Court for a determination under clause 4 (1),          15
                         and                                                            16
                   (b)   the Supreme Court no longer has jurisdiction to make a         17
                         determination under clause 4 (1) in respect of a               18
                         disqualified person.                                           19
               (2) Subclause (1) (b) applies to and in respect of a disqualified        20
                   person even if an application for a determination under clause       21
                   4 (1) was made, but not determined, in respect of the person         22
                   before the date of assent to the Crimes (Sentencing Procedure)       23
                   Amendment (Life Sentence Confirmation) Act 2000.                     24
               (3) In this clause, disqualified person means an offender who is         25
                   serving an existing life sentence and in respect of whom a non-      26
                   release recommendation is in force.                                  27




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