SENTENCING ACT 1991 - SECT 6AD Procedural requirements

SENTENCING ACT 1991 - SECT 6AD

    (1)     If the Court of Appeal is considering (including on an application by the Attorney-General under section 6ABA) whether to give or review a guideline judgment or decides to give or review a guideline judgment it must—

        (a)     cause the Sentencing Advisory Council to be notified and consider any views stated in writing, within the period specified in the notification, by that Council; and

        (b)     give—

S. 6AD(1)(b)(i) amended by No. 18/2005 s. 18(Sch. 1 item 97.2).

              (i)     the Director of Public Prosecutions or a lawyer representing the Director; and

S. 6AD(1)(b)(ii) amended by No. 18/2005 s. 18(Sch. 1 item 97.2).

              (ii)     a lawyer representing Victoria Legal Aid, whether or not employed by Victoria Legal Aid, or a lawyer arranged by Victoria Legal Aid—

an opportunity to appear before the Court and make a submission on the matter.

S. 6AD(2) inserted by No. 34/2017 s. 41(2).

    (2)     In specifying a period for the purposes of subsection (1)(a), the Court of Appeal must take into consideration the period reasonably required for the Sentencing Advisory Council to—

        (a)     undertake research and statistical analysis; and

        (b)     consult with relevant persons within the criminal justice system as well as the general public.

S. 6AD(3) inserted by No. 34/2017 s. 41(2).

    (3)     Views stated by the Sentencing Advisory Council under subsection (1)(a) or a submission made under subsection (1)(b) may include a view or submission with respect to the framing of the proposed guideline judgment.

S. 6AE inserted by No. 13/2003 s. 4.