Northern Territory Second Reading Speeches

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SENTENCING AMENDMENT BILL (NO. 4) 2001


Madam Speaker, I move that the bill be now read a second time.

The purpose of this bill is to give police the power to arrest, without a warrant, an offender who is suspected, on reasonable grounds, of having breached a condition of a bond or suspended sentence or of an undertaking. When a court imposes a bond or suspended sentence, it is often a condition of the sentence that the offender be under the supervision of a delegate of the Director of Correctional Services and be required to obey all reasonable directions as to reporting, residence, associates and employment. The conditions are determined on an individual basis, taking into account the offender’s personal circumstances. They are aimed at protecting society or a particular individual, usually the victim, and at the rehabilitation of the offender. Conditions that are frequently imposed are that the offenders not consume alcohol or that they either reside, or do not reside, in a particular locality.

If an offender breaches a condition, it is important that the police have the power to arrest the offender immediately and bring him or her before a court. At present, this cannot be done. A similar situation exists in respect of a breach of a condition of an undertaking given by a prisoner on release by the Administrator in an exercise of prerogative and mercy power. Currently, if the police see, suspect or are informed that an offender has breached a condition of a bond or suspended sentence or of an undertaking, they must make an application to the court, and if it is possible, the offender must be notified of the application. This process can take a long time, particularly in communities where the court may only sit once a month. This can result in a potential threat to the safety of an individual or the general public.

Madam Speaker, this is unacceptable. The Criminal Law (Conditional Release of Offenders) Act had such a power of arrest but that act was repealed when the Sentencing Act came into operation in 1996. The failure to include such a power in the Sentencing Act appears to have been an oversight. The police already have the power to arrest without warrant, in similar circumstances, where they believe an offender has failed to comply with the condition of a parole order. Likewise, where an offender has breached an undertaking or agreement to a bail condition or a home detention order. This amendment was recommended by the Coroner, Mr Warren Donald SM, following his inquest into the death of Rosemary McIntyre.

Madam Speaker, it is important that potentially dangerous situations are avoided. This bill ensures that the police will be able to act quickly in circumstances where a breach might result in a threat to the safety of the community.

I commend the bill to honourable members.

 

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