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CRIMES LEGISLATION(AMENDMENT) BILL 1990
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The object of this Bill is to require courts (including the Children's Court) to take
into account guilty pleas when determining sentences.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides that the proposed Act is to commence on a day or days to be
appointed by proclamation.
Clause 3 inserts proposed section 439 into the Crimes Act 1900. proposed
section applies to all courts (other than the Children's Court) by virtue of section
3 of, and the Second Schedule to, that Act and to proceedings commenced before
after the proposed section commences. The proposed section requires a Court,
when gassing sentence on a person who has pleaded guilty to an offence, to take into
account both the fact of the guilty plea and when the person pleaded guilty or
indicated an intention to do so. A Court is also required to state when it does not
reduce a sentence as a result of the proposed section and to give its reasons for not
doing SQ. The clause also makes a consequential amendment.
Clause 4 inserts proposed section 33B into the Children (Criminal Proceedings)
Act 1987. The proposed section applies to the Children's Court and to courts
exercising the jurisdiction of that Court and to proceedings commenced before or
after the proposed section commences. The proposed section requires the Children's
Court, when making a sentencing order as to a person who has pleaded guilty to an
offence, to take into account both the fact of the guilty plea and when the person
pleaded guilty or indicated an intention to do so. The Court is also required to state
when it does not reduce an order as a result of the proposed section and to give its
reasons for not doing so.