PENALTIES AND SENTENCES ACT 1992 - SECT 13B Cooperation with law enforcement authorities to be taken into account—cooperation given

PENALTIES AND SENTENCES ACT 1992 - SECT 13B

13B Cooperation with law enforcement authorities to be taken into account—cooperation given

(1) This section applies for a sentence if—

(a) the sentence is to be reduced by the sentencing court because the offender has significantly cooperated with a law enforcement agency in its investigations about an offence or a confiscation proceeding; and

(b) section 13A does not apply for the sentence.

(2) For subsection (1) , an offender has not significantly cooperated with a law enforcement agency in its investigations about an offence only because the offender has admitted guilt for the offence.

(3) Before the sentencing proceeding starts, a party to the proceeding—

(a) must advise the relevant officer—

(i) that the offender has significantly cooperated with a law enforcement agency; and

(ii) that written or oral submissions or evidence will be made or brought before the court relevant on that account to the reduction of sentence; and

(b) may give the relevant officer copies of any proposed written submissions mentioned in paragraph (a) (ii) .

(4) After the offender is invited to address the court—

(a) an affidavit, provided by a person representing the law enforcement agency, must be handed up to the court; and

(b) any party may hand up to the court written submissions relevant to the reduction of sentence.

(5) The affidavit must—

(a) state the nature, extent and usefulness of the cooperation given to the law enforcement agency by the offender; and

(b) be in an unsealed envelope addressed to the sentencing judge or magistrate.

(6) If oral submissions are to be made to, or evidence is to be brought before, the court about the cooperation or the reduction of sentence, the court must be closed for that purpose.

(7) The penalty imposed on the offender must be stated in open court.

(8) After the imposition of the penalty, the sentencing judge or magistrate must cause the following to be sealed and placed on the court file with an order that it may be opened only by an order of the court—

(a) the affidavit;

(b) a record of evidence or submissions made relevant to the reduction of sentence;

(c) a record of the sentencing remarks relevant to the reduction of sentence, as opposed to the sentence imposed.

(9) The sentencing judge or magistrate may make an order prohibiting publication of all or part of the proceeding or the name and address of any witness on his or her own initiative or on application.

(10) In deciding whether to make an order under subsection (9) , the judge or magistrate may have regard to—

(a) the safety of any person; and

(b) the extent to which the detection of offences of a similar nature may be affected; and

(c) the need to guarantee the confidentiality of information given by an informer.

(11) A person who contravenes an order made under subsection (9) commits an offence.

Penalty—

Maximum penalty—

(a) for an order made by a judge—5 years imprisonment; or

(b) for an order made by a magistrate—3 years imprisonment.

(12) In this section—


"relevant officer" means—

(a) for a proceeding before the Supreme or District Court—the sentencing judge’s associate; or

(b) for a proceeding before a Magistrates Court—the relevant clerk of the court.