New South Wales Bills Explanatory Notes

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CRIMINAL PROCEDURE AMENDMENT (SENTENCING GUIDELINES) BILL 1998

[Act 1998 No 159]
New South Wales
Criminal Procedure Amendment
(Sentencing Guidelines) Bill 1998

Explanatory note

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

Overview of Bill

In the recent case of R v Jurisic Matter No 601 3 1/98 [ 1998] NSWSC 423 (12
October 1998) the Court of Criminal Appeal adopted the practice of the
English Court of Appeal of giving a guideline judgment in the context of a
particular case. A guideline judgment sets out guidelines for the sentencing
of offenders. Such guidelines are intended to be indicative only and are not
intended to be applied in every case as if they were rules binding on judges
but help to ensure consistency in sentencing decisions. The object of this Bill
is to amend the Criminal Procedure Act 1986 to enable the Attorney General
to apply to the Court at any time (rather than in the context of a particular
case) to ask it to exercise its power and jurisdiction to give a guideline
judgement in respect of a specified offence or category of offences.

Amended In committee--see table at end of

Criminal Procedure Amendment (Sentencing Guidelines) Bill 1998 [Act 1998 No 159]
Explanatory note

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 giving effect to the amendments to the
Criminal Procedure Act 1986 set out in Schedule 1.

Schedule 1 contains the amendments described in the above Overview.

Explanatory note page 2

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