New South Wales Repealed Acts

This legislation has been repealed.

CRIMINAL LEGISLATION AMENDMENT ACT 2001 - SCHEDULE 5

SCHEDULE 5 – Amendment of Crimes (Sentencing Procedure) Act 1999

(Section 3)

[1] Section 36 Definitions

Omit "containing guidelines" from the definition of "guideline judgment".
Insert instead "that is expressed to contain guidelines".

[2] Section 36, definition of "guideline proceedings"

Omit the definition. Insert instead:

"guideline proceedings" means:

(a) proceedings under section 37 on an application for a guideline judgment referred to in that section, and

(b) that part of proceedings that relates to the giving of a guideline judgment under section 37A.

[3] Section 37 Guideline judgments on application of Attorney General

Omit "apart from this section" from section 37 (4).
Insert instead "under section 37A".

[4] Section 37 (6)

Omit the subsection.

[5] Sections 37A and 37B

Insert after section 37:

37A Guideline judgments on own motion

(1) The Court may give a guideline judgment on its own motion in any proceedings considered appropriate by the Court, and whether or not it is necessary for the purpose of determining the proceedings.

(2) The Court is to give the Senior Public Defender, Director of Public Prosecutions and Attorney General an opportunity to appear as referred to in sections 38, 39 and 39A before giving a guideline judgment.

37B Review, variation and revocation of guideline judgments A guideline judgment given in proceedings under section 37 or 37A may be reviewed, varied or revoked in a subsequent guideline judgment of the Court, whether or not given under the same section.

[6] Section 39A

Insert after section 39:

39A Attorney General may intervene

(1) The Attorney General, or a nominee of the Attorney General who is a legal practitioner, may appear in that part of proceedings that relates to the giving of a guideline judgment under section 37A.

(2) Without limiting subsection (1), the Attorney General or his or her nominee may do any one or more of the following:

(a) oppose or support the giving of the guideline judgment by the Court,

(b) make submissions with respect to the framing of the guidelines,

(c) inform the Court of any relevant pending appeal with respect to sentence,

(d) assist the Court with respect to any relevant matter.

(3) Nothing in any other Act or law prevents, or in any way limits, the exercise of any function conferred on the Attorney General, or on any nominee of the Attorney General, under this section.

[7] Section 42 Use of evidence in giving guideline judgments

Omit "(whether or not on an application under this Division)" from section 42 (1).

[8] Section 42A

Insert after section 42:

42A Relationship of guidelines and other sentencing matters A guideline that is expressed to be contained in a guideline judgment:

(a) is in addition to any other matter that is required to be taken into account under Division 1 of Part 3, and

(b) does not limit or derogate from any such requirement.

[9] Section 51 Court may impose conditions on parole order

Insert after section 51 (1A):

(1B) Despite subsection (1A):

(a) the conditions of a parole order with respect to a sentence of imprisonment to be served by way of periodic detention may not include conditions requiring that the offender be subject to supervision, and

(b) if an offender subsequently serves a sentence by way of periodic detention, any condition of the parole order that requires the offender to be subject to supervision ceases to have effect.

[10] Section 55 Sentences for offences generally

Insert "(whether or not the escape was from a correctional centre)" after "correctional centre" in section 55 (5) (b).

[11] Section 57 Sentences for offences involving escape by inmates

Insert "(whether or not the escape was from a correctional centre)" after "correctional centre" in section 57 (1).

[12] Section 95 Good behaviour bonds

Omit section 95 (b). Insert instead:

(b) must contain a condition to the effect that, during the term of the bond, the person under bond will be of good behaviour, and

[13] Schedule 2 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Criminal Legislation Amendment Act 2001 , to the extent that it amends this Act

[14] Schedule 2, Part 5

Insert after Part 4:

Part 5 - Provisions consequent on enactment of Criminal Legislation Amendment Act 2001

41 Validation of guideline judgments Any guideline judgment given by the Court of Criminal Appeal before the commencement of section 37A that would have been validly given had section 37A commenced before it was given has, and is taken always to have had, the same force and effect as it would have had if section 37A had commenced before it was given.

42 Application of amendments Section 37B extends to any guideline judgment given before the commencement of that section (whether under Division 4 of Part 3 or apart from that Division).

[15] Schedule 2

Insert at the end of the Schedule:

43 Parole orders Section 51 (1B) (b) applies to a parole order regardless of whether the order was made before, on or after the commencement of that provision.