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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Sentencing (Further Amendment) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Sentencing court required to consider impact of offence on victim 2
4. Contents of victim impact statement 3
5. New section 95F inserted in Sentencing Act 1991 3
95F. Reading aloud of victim impact statement 3
6. New section 130 inserted in Sentencing Act 1991 3
130. Transitional provision--Sentencing (Further
Amendment) Act 2005 3
7. Amendment of section 136A of the Children and Young
Persons Act 1989 4
8. Amendment of Schedule 3 to the Children and Young Persons
Act 1989 4
9. New Division 3A inserted in Part II of Evidence Act 1958 5
Division 3A--Witness Orders 5
42. Victim who is a witness entitled to be present in court
unless the court otherwise orders 5
10. New section 156A inserted in Evidence Act 1958 5
156A. Transitional provision--Sentencing (Further
Amendment) Act 2005 5
11. Amendment of Magistrates' Court Act 1989--witness orders 6
12. Amendment of Schedule 8 to the Magistrates' Court Act 1989 6
ENDNOTES 7
i
551268B.I1-22/3/2005 BILL LA INTRODUCTION 22/3/2005
PARLIAMENT OF VICTORIA
A BILL
to promote the recognition of victims in court processes, to amend the
Sentencing Act 1991, the Children and Young Persons Act 1989,
the Evidence Act 1958 and the Magistrates' Court Act 1989 and for
other purposes.
Sentencing (Further Amendment) Act
2005
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to promote the
recognition of victims in court processes by--
(a) amending the Sentencing Act 1991 to
require sentencing courts to consider the
5
impact of the offence on any victim; and
1
551268B.I1-22/3/2005 BILL LA INTRODUCTION 22/3/2005
Sentencing (Further Amendment) Act 2005
s. 2
Act No.
(b) amending the Sentencing Act 1991 and the
Children and Young Persons Act 1989 to
provide for the reading aloud of victim
impact statements in sentencing hearings;
and
5
(c) amending the Evidence Act 1958 and the
Magistrates' Court Act 1989 to require
courts only to order a victim who is a witness
to leave the court until required to give
evidence if it considers it appropriate to do
10
so.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Sentencing court required to consider impact of
15
offence on victim
See: After section 5(2)(d) of the Sentencing Act 1991
Act No.
insert--
49/1991.
Reprint No. 7
"(daa) the impact of the offence on any victim of
as at
1 January
the offence; and".
20 2004
and
amending
Act Nos
2/2002,
13/2003,
53/2003,
10/2004,
20/2004,
49/2004,
59/2004,
65/2004,
72/2004,
87/2004,
108/2004 and
110/2004.
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gov.au
2
551268B.I1-22/3/2005 BILL LA INTRODUCTION 22/3/2005
Sentencing (Further Amendment) Act 2005
s. 4
Act No.
4. Contents of victim impact statement
In section 95B(1) of the Sentencing Act 1991,
after "particulars" insert "of the impact of the
offence on the victim and".
5. New section 95F inserted in Sentencing Act 1991
5
After section 95E of the Sentencing Act 1991
insert--
"95F. Reading aloud of victim impact statement
(1) If a victim who has made, or on behalf of
whom another person has made, a victim
10
impact statement so requests, the court must
ensure that any admissible parts of the
statement that are appropriate and relevant to
sentencing are read aloud by the prosecutor
in open court in the course of the sentencing
15
hearing.
(2) Nothing in this section prevents the presiding
judge or magistrate from reading aloud any
admissible part of a victim impact statement
in the course of sentencing the offender or at
20
any other time in the course of the
sentencing hearing.".
6. New section 130 inserted in Sentencing Act 1991
At the end of Part 12 of the Sentencing Act 1991
insert--
25
"130. Transitional provision--Sentencing
(Further Amendment) Act 2005
An amendment made to this Act by a
provision of the Sentencing (Further
Amendment) Act 2005 applies to a
30
proceeding for an offence commenced on or
after the commencement of that provision,
regardless of when the offence is alleged to
have been committed.".
3
551268B.I1-22/3/2005 BILL LA INTRODUCTION 22/3/2005
Sentencing (Further Amendment) Act 2005
s. 7
Act No.
7. Amendment of section 136A of the Children and
See:
Young Persons Act 1989
Act No.
56/1989.
Reprint No. 7 (1) In section 136A(4) of the Children and Young
as at
Persons Act 1989, after "particulars" insert "of
1 March 2002
and the impact of the offence on the victim and".
5 amending
Act Nos
(2) After section 136A(11) of the Children and
69/1992,
Young Persons Act 1989 insert--
11/2002,
35/2002,
"(12) If a victim who has made, or on behalf of
83/2003,
36/2004,
whom another person has made, a victim
72/2004,
impact statement so requests, the Court must
10 89/2004 and
108/2004.
ensure that any admissible parts of the
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statement that are appropriate and relevant to
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dpc.vic.
sentencing are read aloud by the prosecutor
gov.au
in open court in the course of the sentencing
hearing.
15
(13) Nothing in this section prevents the presiding
magistrate from reading aloud any
admissible part of a victim impact statement
in the course of sentencing the child or at any
other time in the course of the sentencing
20
hearing.".
8. Amendment of Schedule 3 to the Children and
Young Persons Act 1989
After clause 27 of Schedule 3 to the Children and
Young Persons Act 1989 insert--
25
"28. The amendments made to this Act by section 7 of the
Sentencing (Further Amendment) Act 2005 apply
to a proceeding for an offence commenced on or after
the commencement of that section, regardless of when
30 the offence is alleged to have been committed.".
4
551268B.I1-22/3/2005 BILL LA INTRODUCTION 22/3/2005
Sentencing (Further Amendment) Act 2005
s. 9
Act No.
9. New Division 3A inserted in Part II of Evidence See:
Act 1958 Act No.
6246.
Reprint No. 14
After Division 3 of Part II of the Evidence Act as at
1958 insert-- 6 June 2002
and
amending
"Division 3A--Witness Orders
5 Act Nos
20/2004,
60/2004,
42. Victim who is a witness entitled to be 72/2004 and
present in court unless the court otherwise 108/2004.
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orders www.dms.
dpc.vic.
(1) A court in a criminal proceeding may only gov.au
order a victim of the offence who is a
10
witness in the proceeding to leave the
courtroom until required to give evidence if
the court considers it appropriate to do so,
whether to ensure a fair trial or for any other
reason.
15
(2) Nothing in this section prevents a court from
ordering a victim who is a witness in the
proceeding to leave the courtroom at any
time after giving evidence if the court
considers it appropriate to do so.".
20
10. New section 156A inserted in Evidence Act 1958
At the end of Part VIII of the Evidence Act 1958
insert--
"156A. Transitional provision--Sentencing
(Further Amendment) Act 2005
25
Division 3A of Part II, inserted by section 9
of the Sentencing (Further Amendment)
Act 2005, applies to a proceeding for an
offence commenced on or after the
commencement of that section, regardless of
30
when the offence is alleged to have been
committed.".
5
551268B.I1-22/3/2005 BILL LA INTRODUCTION 22/3/2005
Sentencing (Further Amendment) Act 2005
s. 11
Act No.
11. Amendment of Magistrates' Court Act 1989--
See:
witness orders
Act No.
51/1989.
Reprint No. 10 (1) After section 127(b) of the Magistrates' Court
as at
Act 1989 insert--
13 October
2004
"(ba) in the case of a criminal proceeding, any
5 and
amending
victim of the offence unless the court
Act Nos
otherwise specifies in the order; and".
27/2002,
80/2003,
(2) At the end of section 127 of the Magistrates'
94/2003,
68/2004,
Court Act 1989 insert--
77/2004,
107/2004 and
"(2) Nothing in this section prevents the Court
10 108/2004.
from ordering a witness to leave the Court
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www.dms.
and to remain outside and beyond the
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hearing of the Court at any time after giving
gov.au
evidence if the Court considers it appropriate
to do so.".
15
12. Amendment of Schedule 8 to the Magistrates' Court
Act 1989
After clause 31 of Schedule 8 to the Magistrates'
Court Act 1989 insert--
20 "31A. The amendment made to this Act by section 11 of the
Sentencing (Further Amendment) Act 2005 applies
to a proceeding for an offence commenced on or after
the commencement of that section, regardless of when
the offence is alleged to have been committed.".
6
551268B.I1-22/3/2005 BILL LA INTRODUCTION 22/3/2005
Sentencing (Further Amendment) Act 2005
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
7
551268B.I1-22/3/2005 BILL LA INTRODUCTION 22/3/2005
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