New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
Amendment Bill 1997
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a)
to increase the extent to which the recommendations, observations and
comments of the court that originally imposed a life sentence on a
person have influence on:
(i)
the consideration by the Supreme Court of an application for
redetermination of the person's sentence under section 13A of
the Sentencing Act 1989, and
(ii)
the exercise by the Parole Board of its functions under Part 3 of
that Act in respect of the person, and
(iii) the exercise by the Serious Offenders Review Council of certain
of its functions under Part 1 0 of the Correctional Centres Act
1952 in respect of the person, and
(b) to increase (from 8 to 20 years), in the case of persons who were the
subject of a non-release recommendation by the original sentencing
court, the length of sentence that a person who desires to have his or
her sentence redetermined under section 13A of the Sentencing Act
1989 must have served before a redetermination application can be
made, and
(c) to provide that redetermination of sentence is not available to a person
who was the subject of a non-release recommendation, except where
there are special reasons that justify a redetermination, and
(d)
to require the Supreme Court, in considering a redetermination of a life
sentence under section 13A of the Sentencing Act 1989, to take into
account all the circumstances surrounding the offence for which the
life sentence was imposed and all convictions of the person serving the
sentence, and
(e)
to require the Supreme Court, the Parole Board and the Serious
Offenders Review Council, in the exercise of their respective
functions, to have regard to the safety of the community in connection
with redetermined life sentences, and
(f)
to adjust, from 2 years to 3 years, the "default" period (that is, the
period that is applicable if the Court does not specify another period)
for which a person whose sentence the Court has declined to
redetermine is barred from making further application for
redetermination.
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 the date of
assent.
Clause 3 is a formal provision giving effect to the amendments to the
Sentencing Act I989 set out in Schedule l .
Clause 4 is a formal provision giving effect to the amendments to the
Correctional Centres Act 1952 set out in Schedule 2.
Schedule 1 Amendment of Sentencing Act 1989
Schedule 1 [1] amends section 13A of the Act to include a definition of
non-release recommendation for the purposes of the section.
Explanatory note page 2
Schedule 1 [2] amends section 13A of the Act so as to extend, in certain
cases, the usual waiting period before an application may be made under the
section for redetermination of a sentence. The usual waiting period is 8 years.
As a consequence of the amendment, it will be 20 years in the case of a
person who was the subject of a non-release recommendation. Furthermore,
in the case of such a person, the amendment provides that the person is not
eligible for a redetermination of sentence unless the Supreme Court is
satisfied that special reasons exist that justify doing so.
Schedule 1 [3] amends section 13A of the Act so as to require the Supreme
Court, when considering an application to redetermine a sentence under that
section, to have regard to all the circumstances of the offence for which the
life sentence under consideration was imposed and all convictions of the
person serving the sentence. The amendment made by Schedule 1 [9] is
consequential.
Schedule 1 [4] amends section 13A of the Act so as to provide that, unless
otherwise specified by the Court, a person whose application for
redetermination has been refused by the Supreme Court under that section
may not make further application for a period of 3 years. (The current period
is 2 years.) The amendments made by Schedule 1 [5] and [8] are
consequential.
Schedule 1 [6] amends section 13A of the Act so as to require the Supreme
Court, in exercising its functions under that section in connection with
persons serving life sentences, to have regard to the need to maintain the
safety of the community.
Schedule l [7] amends section 13A of the Act so as to provide that the
Supreme Court, in exercising its functions under that section, must have
regard to and give substantial weight to any relevant recommendations,
observations and comments made by the original sentencing court when
imposing the sentence then under consideration, and must give consideration
to adopting them or putting them into effect, giving reasons when it declines
to do so.
Schedule [10] inserts a new section 22P which requires the Parole Board,
when exercising its functions under Part 3 of the Act in relation to a person
whose life sentence has been redetermined under section 13A, to have regard
to and give substantial weight to any relevant recommendations, observations
and comments made by the original sentencing court when imposing the life
sentence, and to give consideration to adopting them or putting them into
effect, giving reasons when it declines to do so. It also requires the Board to
have particular regard to community safety in its dealings with such a person.
Explanatory note page 3
Schedule 1 [11] and [12] amend Schedule 2A to the Act to enact certain
savings and to enable any further savings or transitional provisions necessary
as a consequence of the amendments made by the proposed Act to be effected
by regulation.
Schedule 2
Amendment of Correctional Centres Act 1952
The Schedule inserts a new section 62AA which requires the Serious
Offenders Review Council, when exercising certain functions under Part 10
of the Act in relation to a person whose life sentence has been redetermined,
to have regard to and give substantial weight to any relevant
recommendations, observations and comments made by the original
sentencing court when imposing the sentence then under consideration, and
to give consideration to adopting them or putting them into effect, giving
reasons when it declines to do so. It also requires the Review Council to have
particular regard to community safety in its dealings with such a person.
Explanatory note page 4