New South Wales Bills Explanatory Notes

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CRIMES AMENDMENT (REVIEW OF CONVICTIONS AND SENTENCES) BILL 1996

Convictions and Sentences) Bill 1996

Explanatory note

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

Overview of Bill

(a) to enable reviews to be carried out under Part 13A in relation to
sentences as well as in relation to convictions, and
(b) to enable reviews to be carried out under Part 13A in relation to the
proceedings giving rise to convictions and sentences as well as in
relation to the convictions and sentences themselves, and
(c) to make it clear that consideration of a petition or application for
review of a conviction or sentence may be dismissed if it appears that
the matter to which it relates has been fully dealt with in the
proceedings giving rise to the conviction or sentence, or in any
proceedings on appeal from the conviction or sentence, and
(d) to make it clear that consideration of a petition or application for
review of a conviction or sentence may be deferred while appeal
proceedings on the conviction or sentence are yet to be finally
determined, or if the petition or application contains inadequate
information, and

(e) to give the Supreme Court the same power as the Governor has to refer
a case to the Court of Criminal Appeal to be dealt with as an appeal
under the Criminal Appeal Act 1912, and
( f )
to enable a person conducting an inquiry under Part 13A to refer
questions of sentence to the Court of Criminal Appeal in the same way
as the person can currently refer questions of guilt.

The Bill also contains a provision of a transitional nature.

Outline of provisions

Clause 2 provides for the commencement of the proposed Act on the date of
assent.

Clause 3 is a formal provision giving effect to the amendments to the
Crimes Act 1900 set out in Schedule 1.

Extension of Part 13A to sentences

Schedule

l [4] gives effect to the object referred to in paragraph (a) above (to
enable reviews to be carried out under Part 13A in relation to sentences as
well as in relation to convictions).

Extension of Part 13A to proceedings giving rise to

conviction or sentence
Schedule l [3] gives effect to the object referred to in paragraph (b) above
(to enable reviews to be carried out under Part 13A in relation to the
proceedings giving rise to convictions and sentences as well as in relation to
the convictions and sentences themselves).

Clarification of grounds for refusing consideration of petition

or application
Schedule l [5] and [8] give effect to the object referred to in paragraph (c) above (to make it clear that consideration of a petition or application for
review of a conviction or sentence may be dismissed if it appears that the
matter to which it relates has been fully dealt with in the proceedings giving
rise to the conviction or sentence, or in any proceedings on appeal from the
conviction or sentence).

Explanatory note page 2

Clarification of grounds for deferring consideration of petition

or application
Schedule 1 [6] and [9] give effect to the object referred to in paragraph (d) above (to make it clear that consideration of a petition or application for
review of a conviction or sentence may be deferred while appeal proceedings
on the conviction or sentence are yet to be finally determined, or if the
petition or application contains inadequate information).

Reference of cases to the Court of Criminal Appeal by the

Supreme Court

Schedule 1 [7] and [11] give effect to the object referred to in paragraph (e) above (to give the Supreme Court the same power as the Governor has to
refer a case to the Court of Criminal Appeal to be dealt with as an appeal
under the Criminal Appeal Act 1912).

Reference of cases to the Court of Criminal Appeal by

persons conducting inquiries

Schedule l [10], [12] and [13] give effect to the object referred to in
paragraph (f) above (to enable a person conducting an inquiry under Part 13A
to refer questions of sentence to the Court of Criminal Appeal in the same
way as the person can currently refer questions of guilt).

Miscellaneous matters

Schedule 1 [ l ] and [2] amend the table of contents in section 1, and the
heading to Part 13A, so as to reflect the extension of Part 13A to sentences as
well as convictions.

Schedule 1 [14] amends the Eleventh Schedule so as to provide for the
application of the amendments made by the proposed Act to convictions and
sentences arising before the commencement of that Act.

Explanatory note page 3

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