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TASMANIA
__________
CRIMES (MISCELLANEOUS AMENDMENTS)
BILL 2016
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - CRIMINAL CODE ACT 1924 AMENDED
3. Principal Act
4. Schedule 1 amended (Criminal Code)
PART 3 - CRIMINAL JUSTICE (MENTAL IMPAIRMENT) ACT 1999
AMENDED
5. Principal Act
6. Section 3 amended (Interpretation)
7. Section 17 amended (Findings at special hearings)
8. Section 18 amended (Effect of findings)
9. Section 21 amended (Procedure for dealing with persons found
not guilty by reason of insanity)
10. Section 21A substituted
PART 3A - Breach of Conditions on Release
21A. Breach of conditions on release
11. Section 31 amended (Apprehension of defendant under
supervision order)
12. Section 35 amended (Matters to which courts are to have regard)
[Bill 24]-IV
13. Section 35A inserted
35A. Interim orders
14. Part 4, Division 7A inserted
Division 7A - Referral of forensic orders
36A. Referral of forensic order to Supreme Court
PART 4 - SENTENCING ACT 1997 AMENDED
15. Principal Act
16. Section 81A amended (Court may receive victim impact
statement)
PART 5 - REPEAL OF ACT
17. Repeal of Act
2
CRIMES (MISCELLANEOUS AMENDMENTS)
BILL 2016
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
24 May 2016
(Brought in by the Minister for Health, the Honourable
Michael Darrel Joseph Ferguson)
A BILL FOR
An Act to amend the Criminal Code Act 1924, the Criminal
Justice (Mental Impairment) Act 1999 and the Sentencing
Act 1997
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Crimes
(Miscellaneous Amendments) Act 2016.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 24] 3
Crimes (Miscellaneous Amendments) Act 2016
Act No. of
s. 3 Part 2 - Criminal Code Act 1924 Amended
PART 2 - CRIMINAL CODE ACT 1924 AMENDED
3. Principal Act
In this Part, the Criminal Code Act 1924* is
referred to as the Principal Act.
4. Schedule 1 amended (Criminal Code)
Schedule 1 to the Principal Act is amended as
follows:
(a) by omitting subsection (2) from section
185;
(b) by omitting from section 248(c) "crime;
or" and substituting "crime -";
(c) by omitting paragraph (d) from section
248;
(d) by omitting paragraph (c) from section
371 and substituting the following
paragraph:
(c) if the accused person calls no
witnesses, he or she may give
evidence on oath (but by so doing
is not taken to adduce evidence)
and counsel for the Crown may,
if he or she thinks it is a proper
case in which to do so, make a
second speech summing up the
*No. 69 of 1924
4
Crimes (Miscellaneous Amendments) Act 2016
Act No. of
Part 2 - Criminal Code Act 1924 Amended s. 4
Crown's evidence and
commenting on the evidence of
the accused person, if any, and -
(i) if the accused person has
no counsel, the accused
person may address the
jury in his or her own
defence; or
(ii) if the accused person has
counsel, his or her
counsel may address the
jury on the accused
person's behalf;
(e) by omitting subsection (1) from section
385;
(f) by omitting from section 385(2) "Any
such person as aforesaid" and
substituting "When a person is convicted
of a crime, whether on plea of guilty or
otherwise, he or she";
(g) by inserting in Appendix A after
Aggravated Armed Robbery.
the following items:
Carjacking.
Aggravated carjacking.
5
Crimes (Miscellaneous Amendments) Act 2016
Act No. of
s. 5 Part 3 - Criminal Justice (Mental Impairment) Act 1999 Amended
PART 3 - CRIMINAL JUSTICE (MENTAL
IMPAIRMENT) ACT 1999 AMENDED
5. Principal Act
In this Part, the Criminal Justice (Mental
Impairment) Act 1999* is referred to as the
Principal Act.
6. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
inserting after the definition of Chief Civil
Psychiatrist the following definition:
controlling authority has the same meaning as
in the Mental Health Act 2013;
7. Section 17 amended (Findings at special hearings)
Section 17 of the Principal Act is amended by
omitting paragraph (b).
8. Section 18 amended (Effect of findings)
Section 18 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(4) A treatment order made under
subsection (2)(c), whether before or after
the commencement of the Crimes
*No. 21 of 1999
6
Crimes (Miscellaneous Amendments) Act 2016
Act No. of
Part 3 - Criminal Justice (Mental Impairment) Act 1999 Amended s. 9
(Miscellaneous Amendments) Act 2016,
is taken to have been made under
Division 2 of Part 3 of Chapter 2 of the
Mental Health Act 2013.
9. Section 21 amended (Procedure for dealing with
persons found not guilty by reason of insanity)
Section 21 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) A treatment order made under
subsection (1)(c), whether before or after
the commencement of the Crimes
(Miscellaneous Amendments) Act 2016,
is taken to have been made under
Division 2 of Part 3 of Chapter 2 of the
Mental Health Act 2013.
10. Section 21A substituted
Section 21A of the Principal Act is repealed and
the following Part is substituted:
PART 3A - BREACH OF CONDITIONS ON RELEASE
21A. Breach of conditions on release
(1) If it appears that a person (the defendant)
has breached the conditions on his or her
release imposed under section 18(2)(e) or
section 21(1)(e), an application may be
made to the court, which imposed the
7
Crimes (Miscellaneous Amendments) Act 2016
Act No. of
s. 10 Part 3 - Criminal Justice (Mental Impairment) Act 1999 Amended
conditions, for an order under this
section.
(2) An application under subsection (1) may
be made by any of the following:
(a) an authorised person;
(b) a police officer;
(c) a prosecutor;
(d) a probation officer, within the
meaning of the Corrections Act
1997;
(e) the Chief Forensic Psychiatrist.
(3) A person making an application under
subsection (1) must give notice of the
application to the defendant.
(4) The court may issue a warrant for the
arrest of the defendant if -
(a) the defendant fails to appear at
the hearing of the application; or
(b) the court is satisfied that
reasonable efforts to give the
defendant notice of the
application have been made but
those efforts have been
unsuccessful.
(5) If a court finds a defendant guilty of an
offence punishable by imprisonment
committed while the defendant was on
8
Crimes (Miscellaneous Amendments) Act 2016
Act No. of
Part 3 - Criminal Justice (Mental Impairment) Act 1999 Amended s. 10
release subject to conditions imposed
under section 18(2)(e) or section 21(1)(e)
(in this section called the new offence), a
person referred to in subsection (2) -
(a) may make an oral application to
the court, while the defendant is
before the court in relation to the
new offence, for an order under
this section; and
(b) is to provide the defendant in
writing with the grounds for the
oral application, if directed to do
so by the court.
(6) If an application is made under
subsection (5) to a court that is not the
court that imposed the conditions on the
defendant, the court hearing the
application may do either of the
following:
(a) deal with the application under
this section;
(b) adjourn the application to the
court that imposed the conditions
and either grant the defendant
bail or remand the defendant in
custody.
(7) If, on the hearing of an application under
this section, the court is satisfied that the
defendant has breached the conditions on
his or her release, it may -
9
Crimes (Miscellaneous Amendments) Act 2016
Act No. of
s. 11 Part 3 - Criminal Justice (Mental Impairment) Act 1999 Amended
(a) confirm the conditions as
originally imposed; or
(b) impose new conditions on the
defendant; or
(c) revoke the order imposing the
conditions and deal with the
defendant for the offence or
offences in respect of which the
order was made in any manner in
which the court could deal with
the defendant under section 18(2)
or section 21(1), as the case may
be.
(8) In determining how to deal with a
defendant who is found to have breached
the conditions of his or her release under
this section, the court must take into
account the extent to which the defendant
had complied with the conditions before
committing the breach.
11. Section 31 amended (Apprehension of defendant
under supervision order)
Section 31 of the Principal Act is amended as
follows:
(a) by omitting paragraph (b) from
subsection (3) and substituting the
following paragraph:
(b) take the defendant to -
10
Crimes (Miscellaneous Amendments) Act 2016
Act No. of
Part 3 - Criminal Justice (Mental Impairment) Act 1999 Amended s. 12
(i) an approved hospital; or
(ii) a secure mental health
unit if the prescribed
person is of the opinion
that the defendant should
be taken to a secure
mental health unit for
treatment or for the
protection of the
defendant or any other
person.
(b) by omitting from subsection (4) "it is not
possible or practicable to take him or her
to a secure mental health unit
immediately" and substituting "the
prescribed person is of the opinion that
the defendant should be taken to a secure
mental health unit but it is not possible or
practicable to do so immediately";
(c) by inserting the following subsection
after subsection (5):
(5A) The custody and escort
provisions, within the meaning of
the Mental Health Act 2013,
apply in respect of the taking of a
defendant to an approved hospital
or a secure mental health unit
under this section.
11
Crimes (Miscellaneous Amendments) Act 2016
Act No. of
s. 12 Part 3 - Criminal Justice (Mental Impairment) Act 1999 Amended
12. Section 35 amended (Matters to which courts are to
have regard)
Section 35(2)(a) of the Principal Act is amended
by omitting "psychiatrist" and substituting
"expert, who may or may not be a medical
practitioner".
13. Section 35A inserted
After section 35 of the Principal Act, the
following section is inserted in Division 6:
35A. Interim orders
A court may make any interim order it
considers appropriate in the
circumstances.
14. Part 4, Division 7A inserted
After section 36 of the Principal Act, the
following Division is inserted in Part 4:
Division 7A - Referral of forensic orders
36A. Referral of forensic order to Supreme Court
(1) If a magistrate is of the opinion, after
taking into account the matters required
to be considered in determining the order
to be made, that a forensic order should
be made in respect of a defendant, the
magistrate may refer the matter to the
Supreme Court for determination.
12
Crimes (Miscellaneous Amendments) Act 2016
Act No. of
Part 3 - Criminal Justice (Mental Impairment) Act 1999 Amended s. 14
(2) On the referral of a matter to the
Supreme Court under subsection (1), the
Supreme Court -
(a) must enquire into the
circumstances of the case; and
(b) has the same powers to deal with
the defendant as if the defendant
had been dealt with in the
Supreme Court.
13
Crimes (Miscellaneous Amendments) Act 2016
Act No. of
s. 15 Part 4 - Sentencing Act 1997 Amended
PART 4 - SENTENCING ACT 1997 AMENDED
15. Principal Act
In this Part, the Sentencing Act 1997* is referred
to as the Principal Act.
16. Section 81A amended (Court may receive victim
impact statement)
Section 81A of the Principal Act is amended as
follows:
(a) by inserting in subsection (2) "or a
summary offence that has resulted in the
death or serious injury of a person, or a
family violence offence," after
"offence,";
(b) by inserting in subsection (2A) "or a
summary offence that has resulted in the
death or serious injury of a person, or a
family violence offence," after
"indictable offence,".
*No. 59 of 1997
14
Crimes (Miscellaneous Amendments) Act 2016
Act No. of
Part 5 - Repeal of Act s. 17
PART 5 - REPEAL OF ACT
17. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 15