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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes Legislation Amendment
(Existing Life Sentences) Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Crimes (Sentencing Procedure)
Act 1999 No 92 2
4 Amendment of Crimes (Administration of Sentences)
Act 1999 No 93 2
Schedules
1 Amendment of Crimes (Sentencing Procedure) Act 1999 3
2 Amendment of Crimes (Administration of Sentences)
Act 1999 5
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
Crimes Legislation Amendment
(Existing Life Sentences) Bill 2001
Act No , 2001
An Act to amend the Crimes (Sentencing Procedure) Act 1999 and the Crimes
(Administration of Sentences) Act 1999 with respect to certain offenders serving life
sentences or sentences that have previously been life sentences.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Crimes Legislation Amendment (Existing Life Sentences) Bill 2001
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Crimes Legislation Amendment (Existing Life
Sentences) Act 2001.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
The Crimes (Sentencing Procedure) Act 1999 is amended as set out in
Schedule 1.
4 Amendment of Crimes (Administration of Sentences) Act 1999 No 93
The Crimes (Administration of Sentences) Act 1999 is amended as set
out in Schedule 2.
Page 2
Crimes Legislation Amendment (Existing Life Sentences) Bill 2001
Amendment of Crimes (Sentencing Procedure) Act 1999 Schedule 1
Schedule 1 Amendment of Crimes (Sentencing
Procedure) Act 1999
(Section 3)
[1] Schedule 1 Existing life sentences
Insert in alphabetical order in clause 1:
sentencing court, in relation to an offender who has been
resentenced as a result of a re-trial or other appeal proceedings,
includes both the court by which a penalty was originally
imposed for the offence and the court (whether the same court
or a different court) by which a penalty was finally imposed for
the offence.
[2] Schedule 1, clause 2
Omit "20" from clause 2 (2) (b). Insert instead "30".
[3] Schedule 1, clause 4
Insert after clause 4 (2):
(3) In the case of an offender who is the subject of a non-release
recommendation, the Supreme Court may dispose of an
application in relation to an existing life sentence:
(a) by setting a non-parole period for the sentence, or
(b) by declining to set a non-parole period for the sentence,
but does not have jurisdiction to set a specified term for the
sentence.
[4] Schedule 1, clause 8
Insert "or (3)" after "(1)" in clause 8 (1) (a).
[5] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Crimes Legislation Amendment (Existing Life Sentences)
Act 2001
Page 3
Crimes Legislation Amendment (Existing Life Sentences) Bill 2001
Schedule 1 Amendment of Crimes (Sentencing Procedure) Act 1999
[6] Schedule 2, Part 3
Insert after Part 2 of Schedule 2:
Part 3 Provisions consequent on enactment of Crimes
Legislation Amendment (Existing Life Sentences)
Act 2001
38 Definition
In this Part, the 2001 amending Act means the Crimes
Legislation Amendment (Existing Life Sentences) Act 2001.
39 Application of amendments
The amendments made to this Act by the 2001 amending Act
do not affect:
(a) any proceedings before the Supreme Court on an
application under clause 2 of Schedule 1 to this Act that
had been made, but not disposed of, before the
commencement of those amendments, or
(b) any determination made by the Supreme Court under
clause 4 of Schedule 1 to this Act before the
commencement of those amendments.
Page 4
Crimes Legislation Amendment (Existing Life Sentences) Bill 2001
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 2
Schedule 2 Amendment of Crimes (Administration of
Sentences) Act 1999
(Section 4)
[1] Section 3 Interpretation
Insert "154A," after "150," in paragraph (a) of the definition of parole order
in section 3 (1).
[2] Section 154A
Insert after section 154:
154A Serious offenders the subject of non-release recommendations
(1) Section 143 does not require the Parole Board to give
preliminary consideration as to whether or not a serious
offender the subject of a non-release recommendation should
be released on parole unless an application for that purpose is
made to the Parole Board by or on behalf of the offender.
(2) An application under this section must be lodged with the
Secretary of the Parole Board.
(3) After considering the application, the Parole Board may make
an order directing the release of the offender on parole if, and
only if, the Parole Board:
(a) is satisfied (on the basis of a report prepared by the
Chief Executive Officer of the Corrections Health
Service) that the offender:
(i) is in imminent danger of dying, or is
incapacitated to the extent that he or she no
longer has the physical ability to do harm to any
person, and
(ii) has demonstrated that he or she does not pose a
risk to the community, and
(b) is further satisfied that, because of those circumstances,
the making of such an order is justified.
(4) In this section serious offender the subject of a non-release
recommendation means a serious offender:
Page 5
Crimes Legislation Amendment (Existing Life Sentences) Bill 2001
Schedule 2 Amendment of Crimes (Administration of Sentences) Act 1999
(a) who is serving a sentence for which a determination has
been made under clause 4 of Schedule 1 to the Crimes
(Sentencing Procedure) Act 1999, and
(b) who is the subject of a non-release recommendation
within the meaning of that Schedule.
[3] Section 169 Conduct of inquiry into suspected breach of obligations or
medical recovery
Insert after section 169 (1):
(1A) In the case of an offender who has been granted parole on the
grounds that he or she is in imminent danger of dying or is
incapacitated to the extent that he or she no longer has the
physical ability to do harm to any person, as referred to in
section 154A (3), the Parole Board may also conduct an inquiry
if it suspects that those grounds no longer exist.
[4] Section 170 Revocation of parole order
Insert after section 170 (1) (a):
(a1) in the case of an offender who has been granted parole
on the grounds that he or she is in imminent danger of
dying or is incapacitated to the extent that he or she no
longer has the physical ability to do harm to any person,
as referred to in section 154A (3), if it is satisfied that
those grounds no longer exist, or
[5] Schedule 5 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Crimes Legislation Amendment (Existing Life Sentences)
Act 2001
Page 6
Crimes Legislation Amendment (Existing Life Sentences) Bill 2001
Amendment of Crimes (Administration of Sentences) Act 1999 Schedule 2
[6] Schedule 5, Part 3
Insert after Part 2 of Schedule 5:
Part 3 Provisions consequent on enactment of Crimes
Legislation Amendment (Existing Life Sentences)
Act 2001
60 Definition
In this Part, the 2001 amending Act means the Crimes
Legislation Amendment (Existing Life Sentences) Act 2001.
61 Application of amendments to pending proceedings
The amendments made to this Act by the 2001 amending Act
do not affect:
(a) any proceedings under Subdivision 3 of Division 2 of
Part 6 of this Act in respect of which the Parole Board
had taken action under section 144 of this Act, but had
not made a decision under section 149 or 150 of this
Act, before the commencement of those amendments,
or
(b) any parole order made by the Parole Board under
section 149, 150 or 160 of this Act before the
commencement of those amendments.
62 Application of amendments to offenders the subject of existing
determinations
Subject to clause 61, the amendments made to this Act by the
2001 amending Act apply to a serious offender:
(a) who is serving a sentence for which a determination had
been made under clause 4 of Schedule 1 to the Crimes
(Sentencing Procedure) Act 1999 before the
commencement of those amendments (including a
determination referred to in clause 21 of Schedule 2 to
that Act), and
(b) who is the subject of a non-release recommendation
within the meaning of that Schedule,
Page 7
Crimes Legislation Amendment (Existing Life Sentences) Bill 2001
Schedule 2 Amendment of Crimes (Administration of Sentences) Act 1999
in the same way as they apply to a serious offender who is
serving a sentence for which such a determination is made after
that commencement and who is the subject of such a
recommendation.
Page 8
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