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Queensland
PENALTIES AND
SENTENCES (SERIOUS
VIOLENT OFFENCES)
AMENDMENT BILL 1997
Queensland
PENALTIES AND SENTENCES (SERIOUS
VIOLENT OFFENCES) AMENDMENT
BILL 1997
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF PENALTIES AND SENTENCES
ACT 1992
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 3 (Purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Amendment of s 9 (Sentencing guidelines) . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Amendment of s 147 (Power of court mentioned in s 146) . . . . . . . . . . . . . 6
8 Insertion of new s 156A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
156A Cumulative order of imprisonment must be made in
particular circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Amendment of s 157 (Eligibility for parole) . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Insertion of new pt 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 9A--CONVICTIONS OF SERIOUS VIOLENT OFFENCES
161A When an offender is convicted of a serious violent offence . . . . . . 9
161B Declaration of conviction of serious violent offence . . . . . . . . . . . . 10
161C Calculation of number of years of imprisonment . . . . . . . . . . . . . . . 11
161D Sentence for serious violent offence cannot be remitted . . . . . . . . . 11
11 Amendment of s 162 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
12 Amendment of s 164 (Counsel for prosecution to inform court) . . . . . . . . . 12
2
Penalties and Sentences (Serious Violent
Offences) Amendment
13 Amendment of s 167 (Evidence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14 Insertion of new s172A172C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
172A Distribution of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
172B Disputed report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
172C Review hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
15 Amendment of s 176 (Registrar of court to give report) . . . . . . . . . . . . . . . . 14
16 Insertion of new s 206 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
206 Transitional provisions for Penalties and Sentences
(Serious Violent Offences) Amendment Act 1997 . . . . . . . . . . . . . . 14
17 Insertion of schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
SCHEDULE
SERIOUS VIOLENT OFFENCES
PART 3--AMENDMENT OF CRIMINAL CODE
18 Code amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
19 Amendment of s 305 (Punishment of murder) . . . . . . . . . . . . . . . . . . . . . . . . 18
PART 4--AMENDMENT OF THE CORRECTIVE SERVICES
ACT 1988
20 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
21 Amendment of s 10 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
22 Amendment of s 61 (Leave of absence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
23 Amendment of s 86 (Release of prisoner to home detention) . . . . . . . . . . . 20
24 Amendment of s 166 (Eligibility for parole) . . . . . . . . . . . . . . . . . . . . . . . . . 20
1997
A BILL
FOR
An Act to amend the Penalties and Sentences Act 1992 and other Acts
s1 4 s4
Penalties and Sentences (Serious Violent
Offences) Amendment
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Penalties and Sentences (Serious Violent 4
Offences) Amendment Act 1997. 5
6
Commencement
Clause 2. This Act commences on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF PENALTIES AND 8
SENTENCES ACT 1992 9
amended in pt 2 10
Act
Clause 3. This part amends the Penalties and Sentences Act 1992. 11
of s 3 (Purposes) 12
Amendment
Clause 4. Section 3(b)-- 13
omit, insert-- 14
`(b) providing for a sufficient range of sentences for the appropriate 15
punishment and rehabilitation of offenders, and, in appropriate 16
circumstances, ensuring that protection of the Queensland 17
community is a paramount consideration; and'. 18
s5 5 s6
Penalties and Sentences (Serious Violent
Offences) Amendment
of s 4 (Definitions) 1
Amendment
Clause 5. Section 4-- 2
insert-- 3
` "serious violent offence" means a serious violent offence of which an 4
offender is convicted under section 161A.1'. 5
of s 9 (Sentencing guidelines) 6
Amendment
Clause 6.(1) Section 9(1)(c), `discourage'-- 7
omit, insert-- 8
`deter'. 9
(2) Section 9(1)(d), `does not approve of'-- 10
omit insert-- 11
`denounces'. 12
(3) Section 9(3) and (4)-- 13
omit, insert-- 14
`(3) However, the principles mentioned in subsection (2)(a) do not apply 15
to the sentencing of an offender for any offence-- 16
(a) that involved the use of, or counselling or procuring the use of, or 17
attempting or conspiring to use, violence against another person; 18
or 19
(b) that resulted in physical harm to another person. 20
`(4) In sentencing an offender to whom subsection (3) applies, the court 21
must have regard primarily to the following-- 22
(a) the risk of physical harm to any members of the community if a 23
custodial sentence were not imposed; 24
(b) the need to protect any members of the community from that 25
risk; 26
1 Section 161A (When an offender is convicted of a serious violent offence)
s7 6 s7
Penalties and Sentences (Serious Violent
Offences) Amendment
(c) the personal circumstances of any victim of the offence; 1
(d) the circumstances of the offence, including the death of or any 2
injury to a member of the public or any loss or damage resulting 3
from the offence; 4
(e) the nature or extent of the violence used, or intended to be used, in 5
the commission of the offence; 6
(f) any disregard by the offender for the interests of public safety; 7
(g) the past record of the offender, including any attempted 8
rehabilitation and the number of previous offences of any type 9
committed; 10
(h) the antecedents, age and character of the offender; 11
(i) any remorse or lack of remorse of the offender; 12
(j) any medical, psychiatric, prison or other relevant report in relation 13
to the offender; 14
(k) anything else about the safety of members of the community that 15
the sentencing court considers relevant.'. 16
of s 147 (Power of court mentioned in s 146) 17
Amendment
Clause 7.(1) Section 147(2), `in view of all the circumstances that have arisen 18
since the suspended sentence was imposed'-- 19
omit. 20
(2) Section 147(3)-- 21
renumber as section 147(4). 22
(3) Section 147-- 23
insert-- 24
`(3) In deciding whether it would be unjust to order the offender to serve 25
the whole of the suspended imprisonment the court must have regard to-- 26
(a) whether the subsequent offence is trivial having regard to-- 27
(i) the nature of the offence and the circumstances in which it 28
was committed; and 29
s7 7 s7
Penalties and Sentences (Serious Violent
Offences) Amendment
(ii) the proportion between the culpability of the offender for the 1
subsequent offence and the consequence of activating the 2
whole of the suspended imprisonment; and 3
(iii) the antecedents and any criminal history of the offender; and 4
(iv) the prevalence of the original and subsequent offences; and 5
(v) anything that satisfies the court that the prisoner has made a 6
genuine effort at rehabilitation since the original sentence 7
was imposed, including, for example-- 8
(A) the relative length of any period of good behaviour 9
during the operational period; and 10
(B) community service performed; and 11
(C) fines, compensation or restitution paid; and 12
(D) anything mentioned in a pre-sentence report; and 13
(vi) the degree to which the offender has reverted to criminal 14
conduct of any kind; and 15
(vii) the motivation for the subsequent offence; and 16
(b) the seriousness of the original offence, including any physical or 17
emotional harm done to a victim and any damage, injury or loss 18
caused by the offender; and 19
(c) any special circumstance arising since the original sentence was 20
imposed that makes it unjust to impose the whole of the term of 21
suspended imprisonment.'. 22
(4) Section 147-- 23
insert-- 24
`(5) In this section-- 25
"original offence" means the offence for which a term of imprisonment 26
has been suspended under section 144(1). 27
"original sentence" means the sentence imposed for the original offence. 28
"subsequent offence" means the offence committed during the operational 29
period of an order made under section 144(1) for the original offence.'. 30
s8 8 s9
Penalties and Sentences (Serious Violent
Offences) Amendment
of new s 156A 1
Insertion
Clause 8. After section 156-- 2
insert-- 3
order of imprisonment must be made in particular 4
`Cumulative
circumstances 5
`156A.(1) This section applies if an offender-- 6
(a) is convicted of an offence-- 7
(i) against a provision mentioned in the schedule; or 8
(ii) of counselling or procuring the commission of, or 9
attempting or conspiring to commit, an offence against a 10
provision mentioned in the schedule; and 11
(b) committed the offence while-- 12
(i) a prisoner serving a term of imprisonment; or 13
(ii) released on parole under the Corrective Services Act 1988; or 14
(iii) on leave of absence, from a term of imprisonment, granted 15
under the Corrective Services Act 1988; or 16
(iv) serving a period of home detention under the Corrective 17
Services Act 1988; or 18
(v) at large after escaping from lawful custody under a sentence 19
of imprisonment. 20
`(2) A sentence of imprisonment imposed for the offence must be 21
ordered to be served cumulatively with any other term of imprisonment the 22
offender is liable to serve.'. 23
of s 157 (Eligibility for parole) 24
Amendment
Clause 9. Section 157-- 25
insert-- 26
`(7) If an offender is convicted of a serious violent offence-- 27
(a) the court that sentences the offender for the serious violent 28
offence can not make a recommendation under this section that 29
s 10 9 s 10
Penalties and Sentences (Serious Violent
Offences) Amendment
reduces the period of imprisonment the offender must serve 1
before being eligible for release on parole under the Corrective 2
Services Act 1988, section 166(1)(c); and 3
(b) no recommendation made under this section by any court can 4
reduce the period of imprisonment that the offender must serve 5
before being eligible for release on parole under the Corrective 6
Services Act 1988, section 166(1)(c).'. 7
of new pt 9A 8
Insertion
Clause 10. After section 161-- 9
insert-- 10
`PART 9A--CONVICTIONS OF SERIOUS VIOLENT 11
OFFENCES 12
an offender is convicted of a serious violent offence 13
`When
`161A. An offender is convicted of a serious violent offence if-- 14
(a) the offender is-- 15
(i) convicted on indictment of an offence-- 16
(A) against a provision mentioned in the schedule; or 17
(B) of counselling or procuring the commission of, or 18
attempting or conspiring to commit, an offence against 19
a provision mentioned in the schedule; and 20
(ii) sentenced to 10 or more years imprisonment for the offence, 21
calculated under section 161C;2 or 22
(b) the offender is convicted on indictment and declared to be 23
convicted of a serious violent offence under section 161B(3) 24
or (4). 25
2 Section 161C (Calculation of years of imprisonment)
s 10 10 s 10
Penalties and Sentences (Serious Violent
Offences) Amendment
of conviction of serious violent offence 1
`Declaration
`161B.(1) If an offender is convicted of a serious violent offence under 2
section 161A(a), the sentencing court must declare the conviction to be a 3
conviction of a serious violent offence as part of the sentence. 4
`(2) However, the failure of the sentencing court to make a declaration as 5
required under subsection (1) does not affect the fact that the offender has 6
been convicted of a serious violent offence. 7
`(3) If an offender is-- 8
(a) convicted on indictment of an offence-- 9
(i) against a provision mentioned in the schedule; or 10
(ii) of counselling or procuring the commission of, or 11
attempting or conspiring to commit, an offence against a 12
provision mentioned in the schedule; and 13
(b) sentenced to 5 or more, but less than 10, years imprisonment for 14
the offence, calculated under section 161C;3 15
the sentencing court may declare the offender to be convicted of a serious 16
violent offence as part of the sentence. 17
`(4) Also, if an offender is-- 18
(a) convicted on indictment of an offence-- 19
(i) that involved the use, counselling or procuring the use, or 20
conspiring or attempting to use, serious violence against 21
another person; or 22
(ii) that resulted in serious harm to another person; and 23
(b) sentenced to a term of imprisonment for the offence; 24
the sentencing court may declare the offender to be convicted of a serious 25
violent offence as part of the sentence. 26
3 Section 161C (Calculation of number of years of imprisonment)
s 10 11 s 10
Penalties and Sentences (Serious Violent
Offences) Amendment
of number of years of imprisonment 1
`Calculation
`161C.(1) This section applies for deciding whether an offender is 2
sentenced-- 3
(a) under section 161A(a)--to 10 or more years imprisonment (the 4
"specified years" of imprisonment); or 5
(b) under section 161B(3)--to 5 or more, but less than 10, years 6
imprisonment (also the "specified years" of imprisonment); 7
for an offence-- 8
(c) against a provision mentioned in the schedule; or 9
(d) of counselling or procuring the commission of, or attempting or 10
conspiring to commit, an offence against a provision mentioned 11
in the schedule. 12
`(2) An offender is sentenced to the specified years of imprisonment if-- 13
(a) the offender is sentenced to a term of imprisonment of the 14
specified years for the offence; or 15
(b) the term of imprisonment to which the offender is sentenced for 16
the offence is part of a period of imprisonment of the specified 17
years imposed on convictions consisting of the conviction on 18
which the offender is being sentenced and any 1 or more of the 19
following-- 20
(i) a conviction of an offence mentioned in subsection (1)(c) 21
or (d); 22
(ii) a conviction declared to be a conviction of a serious violent 23
offence under section 161B. 24
`(3) For subsection (2), whether the offender is sentenced to the specified 25
years of imprisonment must be calculated as at the day of sentence. 26
for serious violent offence cannot be remitted 27
`Sentence
`161D. The sentence of an offender convicted of a serious violent offence 28
cannot be remitted under the Corrective Services Act 1988.'. 29
s 11 12 s 14
Penalties and Sentences (Serious Violent
Offences) Amendment
of s 162 (Definitions) 1
Amendment
Clause 11. Section 162, definition "violent offence", paragraph (a)(i), `use, or 2
attempted use, of'-- 3
omit, insert-- 4
`use of, counselling or procuring the use of, or attempting or conspiring 5
to use,'. 6
of s 164 (Counsel for prosecution to inform court) 7
Amendment
Clause 12. Section 164(2), `7'-- 8
omit, insert-- 9
`15'. 10
of s 167 (Evidence) 11
Amendment
Clause 13. Section 167(3)-- 12
omit, insert-- 13
`(3) In deciding whether the offender is a serious danger to the 14
community, the court may have regard to anything relevant to the issue 15
contained in the certified transcript of, or any medical or other report 16
tendered in, any proceeding against the offender for a violent offence.'. 17
of new s172A172C 18
Insertion
Clause 14. After section 172-- 19
insert-- 20
of reports 21
`Distribution
`172A.(1) The court must, a reasonable time before a review under 22
section 171 or 172 is to take place, cause a copy of a report ordered by it 23
under section 176 to be provided to-- 24
(a) the director of public prosecutions; and 25
(b) the legal practitioner representing the offender; and 26
s 14 13 s 14
Penalties and Sentences (Serious Violent
Offences) Amendment
(c) the offender, if the court has so directed. 1
`(2) If the prosecution or the defence has caused a report about the 2
offender to be prepared for a review under section 171 or 172, it must, a 3
reasonable time before the review is to take place-- 4
(a) file the report with the court; and 5
(b) provide a copy of the report to the director of public prosecutions 6
or the legal practitioner representing the offender, as the case 7
requires. 8
report 9
`Disputed
`172B.(1) The director of public prosecutions or the offender may file 10
with the court a notice of intention to dispute the whole or any part of a 11
report provided under section 172A. 12
`(2) If a notice is filed under subsection (1) before the review is to take 13
place, the court must not take the report or the part in dispute into 14
consideration on the hearing of the review unless the party that filed the 15
notice has been given the opportunity-- 16
(a) to lead evidence on the disputed matters; and 17
(b) to cross-examine the author of the report on its contents. 18
hearing 19
`Review
`172C. On the hearing of a review under section 171 or 172, a court 20
must-- 21
(a) give both the director of public prosecutions and the offender the 22
opportunity to lead admissible evidence on any relevant matter; 23
and 24
(b) subject to section 172B, take into consideration any report in 25
respect of the offender that is filed with the court; and 26
(c) have regard to any submissions on the review made to it.'. 27
s 15 14 s 17
Penalties and Sentences (Serious Violent
Offences) Amendment
of s 176 (Registrar of court to give report) 1
Amendment
Clause 15.(1) Section 176(1), `On the hearing of'-- 2
omit, insert-- 3
`For'. 4
(2) Section 176(6)-- 5
omit. 6
of new s 206 7
Insertion
Clause 16. After section 205-- 8
insert-- 9
provisions for Penalties and Sentences (Serious Violent 10
`Transitional
Offences) Amendment Act 1997 11
`206.(1) Section 157(7)(b) applies to a recommendation made under 12
section 157 even if the recommendation was made before the 13
commencement of section 157(7). 14
`(2) For subsection 161C(2)(b), sentences of imprisonment imposed on 15
the offender for offences mentioned in section 161C(1)(c) or (d) must be 16
taken into account even if the sentences were imposed before the 17
commencement of part 9A.'. 18
of schedule 19
Insertion
Clause 17. After section 206-- 20
insert-- 21
s 17 15 s 17
Penalties and Sentences (Serious Violent
Offences) Amendment
CHEDULE 1
`S
s 161A(a) 2
s 161B(3)(a) 3
s 161C(1)(c) and (d) 4
`SERIOUS VIOLENT OFFENCES 5
`CRIMINAL CODE 6
1. Section 62 (Punishment of unlawful assembly) 7
2. Section 63 (Punishment of riot) 8
3. Section 75 (Threatening violence) 9
4. Section 142 (Escape by persons in lawful custody) 10
5. Section 208 (Unlawful sodomy) 11
6. Section 209 (Attempted sodomy) 12
7. Section 210 (Indecent treatment of children under 16) 13
8. Section 213 (Owner etc. permitting abuse of children on premises) 14
9. Section 215 (Carnal knowledge of girls under 16) 15
10. Section 216 (Abuse of intellectually impaired persons) 16
11. Section 217 (Procuring young person etc. for carnal knowledge) 17
12. Section 218 (Procuring sexual acts by coercion etc.) 18
13. Section 222 (Incest) 19
14. Section 229B (Maintaining a sexual relationship with a child) 20
15. Sections 303 and 310 (Manslaughter) 21
16. Section 306 (Attempt to murder) 22
17. Section 313 (Killing unborn child) 23
s 17 16 s 17
Penalties and Sentences (Serious Violent
Offences) Amendment
18. Section 315 (Disabling in order to commit indictable offence) 1
19. Section 316 (Stupefying in order to commit indictable offence) 2
20. Section 317 (Acts intended to cause grievous bodily harm and other 3
malicious acts) 4
21. Section 317A (Carrying or sending dangerous goods in a vehicle) 5
22. Section 318 (Obstructing rescue or escape from unsafe premises) 6
23. Section 319 (Intentionally endangering safety of persons travelling by 7
railway) 8
24. Section 319A (Endangering safety of persons travelling by aircraft) 9
25. Section 320 (Grievous bodily harm) 10
26. Section 320A (Torture) 11
27. Section 321 (Attempting to injure by explosive or noxious substances) 12
28. Section 321A (Bomb hoaxes) 13
29. Section 322 (Maliciously administering poison with intent to harm) 14
30. Section 323 (Wounding and similar Acts) 15
31. Section 326 (Endangering life of children by exposure) 16
32. Section 328A (Dangerous operation of a vehicle) 17
33. Section 336 (Assault with intent to commit rape) 18
34. Section 337 (Sexual assault) 19
35. Section 339 (Assaults occasioning bodily harm) 20
36. Section 340 (Serious assaults) 21
37. Section 347 (Rape) 22
38. Section 349 (Attempt to rape) 23
39. Section 351 (Abduction) 24
40. Section 354 (Kidnapping) 25
41. Section 354A (Kidnapping for ransom) 26
42. Section 409 (Robbery) 27
s 17 17 s 17
Penalties and Sentences (Serious Violent
Offences) Amendment
43. Section 411(2) (Punishment of robbery) 1
44. Section 412 (Attempted robbery) 2
45. Section 419(3)(b) (Burglary) 3
46. Section 421(2) (Entering or being in premises and committing 4
indictable offences) 5
`CRIMINAL CODE (PROVISIONS REPEALED BY 6
CRIMINAL LAW AMENDMENT ACT 1997) 7
1. Section 208 (Unlawful anal intercourse) 8
2. Section 221 (Conspiracy to defile) 9
3. Section 222 (Incest by man) 10
4. Section 223 (Incest by adult female) 11
5. Section 318 (Preventing escape from wreck) 12
`CORRECTIVE SERVICES ACT 1988 13
1. Section 93(1)(a) (Escape from lawful custody (including attempts to 14
escape or preparation to escape)) 15
2. Section 92(2) (Taking part in a riot or mutiny whilst in custody) 16
3. Section 92(3) (Destruction of property when taking part in riot or 17
mutiny whilst in custody) 18
`DRUGS MISUSE ACT 1986 19
1. Section 5 (Carrying on the business of trafficking in a dangerous drug) 20
2. Section 6 (Aggravated supply of dangerous drugs (to minors, 21
intellectually handicapped people, in schools and in correctional 22
institutions) 23
s 18 18 s 19
Penalties and Sentences (Serious Violent
Offences) Amendment
3. Section 8 (Producing dangerous drugs (producing first schedule drugs 1
in excess of the third schedule)'. 2
PART 3--AMENDMENT OF CRIMINAL CODE 3
amended in pt 3 4
Code
Clause 18. This part amends the Criminal Code (1899). 5
of s 305 (Punishment of murder) 6
Amendment
Clause 19. Section 305-- 7
insert-- 8
`(2) If the person is being sentenced-- 9
(a) on more than 1 conviction of murder; or 10
(b) on 1 conviction of murder and another offence of murder is taken 11
into account; or 12
(c) on a conviction of murder and the person has on a previous 13
occasion been sentenced for another offence of murder; 14
the court sentencing the person must make an order that the person must 15
not be released from imprisonment until the person has served a minimum 16
of 20 or more specified years of imprisonment, unless released sooner 17
under the Corrective Services Act 1988, section 166(4) because of special 18
circumstances. 19
`(3) Subsection (2)(c) applies whether the crime for which the person is 20
being sentenced was committed before or after the conviction for the other 21
offence of murder mentioned in the paragraph.'. 22
s 20 19 s 22
Penalties and Sentences (Serious Violent
Offences) Amendment
ART 4--AMENDMENT OF THE CORRECTIVE 1
P
SERVICES ACT 1988 2
amended in pt 4 3
Act
Clause 20. This part amends the Corrective Services Act 1988. 4
of s 10 (Definitions) 5
Amendment
Clause 21. Section 10-- 6
insert-- 7
` "serious violent offence" see the Penalties and Sentences Act 1992, 8
section 4.' 9
of s 61 (Leave of absence) 10
Amendment
Clause 22. Section 61-- 11
insert-- 12
`(2A) The commission must not grant leave of absence to a prisoner 13
serving a term of imprisonment on conviction of a serious violent offence 14
unless the prisoner-- 15
(a) has served at least-- 16
(i) if the prisoner is serving life imprisonment--15 years of that 17
sentence; or 18
(ii) otherwise--80% of the sentence imposed; or 19
(b) is released for medical or compassionate purposes. 20
`(2B) A prisoner released under subsection (2A) may only be released 21
under the control of a custodial corrections officer. 22
`(2C) In deciding whether or not to grant leave of absence to a prisoner 23
to whom subsection (2A) applies, the commission must consider any 24
recommendation of the court that sentenced the prisoner that the prisoner 25
should not be released from imprisonment unless the prisoner has served a 26
period of the sentence longer than that required under subsection (2A)(a).'. 27
s 23 20 s 24
Penalties and Sentences (Serious Violent
Offences) Amendment
of s 86 (Release of prisoner to home detention) 1
Amendment
Clause 23. Section 86-- 2
insert-- 3
`(2A) The commission must not release a prisoner serving a term of 4
imprisonment on conviction of a serious violent offence to serve a period of 5
home detention unless the prisoner has served at least-- 6
(a) if the prisoner is serving life imprisonment--15 years of that 7
sentence; or 8
(b) otherwise--80% of the sentence imposed. 9
`(2B) In deciding whether or not to release a prisoner to whom 10
subsection (2A) applies to serve a period of home detention, the 11
commission must consider any recommendation of the court that sentenced 12
the prisoner that the prisoner should not be released from imprisonment 13
unless the prisoner has served a period of the sentence longer than that 14
required under subsection (2A).'. 15
of s 166 (Eligibility for parole) 16
Amendment
Clause 24. Section 166(1)(a) and (b)-- 17
omit, insert-- 18
`(a) if the prisoner is serving a term of life imprisonment and the 19
Criminal Code, section 305(2)4 applied to the prisoner on 20
sentence--until the prisoner has served the period required under 21
an order under the subsection, or, if no order was made, 20 years; 22
or 23
(b) if the prisoner is serving a term of life imprisonment and the 24
Criminal Code, section 305(2) did not apply to the prisoner on 25
sentence--until the prisoner has served a period of 15 years; or 26
(c) if the prisoner is serving a term of imprisonment for a serious 27
violent offence--until the prisoner has served the lesser of the 28
following-- 29
4 Criminal Code, section 305 (Punishment of murder)
s 24 21 s 24
Penalties and Sentences (Serious Violent
Offences) Amendment
(i) 80% of the term of imprisonment to which the prisoner was 1
sentenced; 2
(ii) 15 years; or 3
(d) otherwise--until the prisoner has served half of the term of 4
imprisonment to which the prisoner was sentenced.'. 5
6
© State of Queensland 1997
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