Crimes (Sentencing Procedure)
Amendment (Victim Impact
Statements) Bill 2003

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to expand the category of offences in relation to which
a Local Court may receive and consider victim impact statements.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day to be
appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the Crimes
(Sentencing Procedure) Act 1999 set out in Schedule 1.

Schedule 1 Amendments
Currently, a Local Court may receive and consider a victim impact statement
under Division 2 of Part 3 of the Crimes (Sentencing Procedure) Act 1999 (the
Principal Act) in relation to the following offences:

(a) an offence that results in the death of any person,

(b) an offence for which a higher maximum penalty may be imposed if the
offence results in the death of any person than may be imposed if the
offence does not have that result.

Schedule 1 [1] amends section 27 (3) of the Principal Act to expand the category
of offences in relation to which a Local Court may receive and consider a victim
impact statement to include an offence that is referred to in Table 1 of Schedule
1 to the Criminal Procedure Act 1986 and that is:

(a) an offence that results in actual physical bodily harm to any person, or

(b) an offence that involves an act of actual or threatened violence or an act of
sexual assault.

Table 1 of Schedule 1 to the Criminal Procedure Act 1986 sets out indictable
offences that are to be dealt with summarily unless the prosecutor or person
charged elects otherwise.

Schedule 1 [2]–[4] provide for consequential amendments.

Schedule 1 [5] enables the making of regulations of a savings and transitional
nature as a consequence of the enactment of the proposed Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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