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TASMANIA
__________
SENTENCING AMENDMENT (SENTENCES OF
IMPRISONMENT) BILL 2017
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 92A inserted
92A. Certain matters to be specified when sentence of
imprisonment imposed, confirmed or activated
5. Repeal of Act
[Bill 54]-XI
2
SENTENCING AMENDMENT (SENTENCES OF
IMPRISONMENT) BILL 2017
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
28 November 2017
(Brought in by the Minister for Justice, the Honourable Elise
Nicole Archer)
A BILL FOR
An Act to amend 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:
1. Short title
This Act may be cited as the Sentencing
Amendment (Sentences of Imprisonment) Act
2017.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 54] 3
Sentencing Amendment (Sentences of Imprisonment) Act 2017
Act No. of
s. 3
3. Principal Act
In this Act, the Sentencing Act 1997* is referred
to as the Principal Act.
4. Section 92A inserted
After section 92 of the Principal Act, the
following section is inserted in Division 2:
92A. Certain matters to be specified when
sentence of imprisonment imposed,
confirmed or activated
(1) If a court -
(a) on conviction or on the
determination of an appeal,
imposes a sentence of
imprisonment on an offender,
other than a sentence of
imprisonment that is wholly
suspended or that is imposed in
accordance with section 27F; or
(b) on appeal, confirms the
imposition on an offender of a
sentence, other than a sentence of
imprisonment that is wholly
suspended or that is imposed in
accordance with section 27F -
the court, when imposing or confirming
the sentence -
*No. 59 of 1997
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Sentencing Amendment (Sentences of Imprisonment) Act 2017
Act No. of
s. 4
(c) is to specify the term of
imprisonment that is being
imposed or confirmed; and
(d) if it suspends part of the sentence,
is to specify the period, of the
term of imprisonment that is
being imposed or confirmed, that
is so suspended; and
(e) is to specify, in the case of a
sentence of imprisonment being
imposed, whether the sentence is
to be served cumulatively on, or
is to be served concurrently with,
any other sentence of
imprisonment or detention that is
uncompleted and that the
offender is then serving or liable
to serve; and
(f) is to specify that -
(i) the offender is not eligible
for parole in respect of the
sentence of imprisonment
being imposed or
confirmed; or
(ii) the offender is not eligible
for parole, in respect of
the sentence of
imprisonment being
imposed or confirmed,
before the expiration of a
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Sentencing Amendment (Sentences of Imprisonment) Act 2017
Act No. of
s. 4
period specified in that
sentence.
(2) If a court -
(a) activates, under section 27(4B),
(4C) or (4E), all or part of a
sentence of imprisonment that has
been suspended; or
(b) activates, under section
27O(1)(b)(i) or section 27Q(2)(a),
all or part of a sentence of
imprisonment that has been
suspended -
the court, when activating the sentence of
imprisonment -
(c) is to specify the term of
imprisonment that is being
activated; and
(d) is to specify whether the sentence
of imprisonment being activated
is to be served cumulatively on,
or is to be served concurrently
with, any other sentence of
imprisonment or detention that is
uncompleted and that the
offender is then serving or liable
to serve; and
(e) is to specify that -
(i) the offender is not eligible
for parole in respect of the
6
Sentencing Amendment (Sentences of Imprisonment) Act 2017
Act No. of
s. 4
sentence of imprisonment
being activated; or
(ii) the offender is not eligible
for parole in respect of the
sentence of imprisonment
being activated before the
expiration of a period
specified in that sentence.
(3) If subsection (1) or (2) applies to a court
when imposing, confirming or activating
a sentence and there is more than one
sentence of imprisonment that is being
imposed, confirmed or activated by the
court, the court, in addition to the
requirements of subsection (1) or (2) -
(a) is to specify the total term of
imprisonment that the offender is
liable to serve for all the
sentences of imprisonment that
are being imposed, confirmed or
activated; and
(b) is to specify the following:
(i) the sentences of
imprisonment, if any, that
are being imposed,
confirmed or activated, in
respect of which the
offender is not eligible for
parole;
(ii) the period, in relation to
the sentences of
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Sentencing Amendment (Sentences of Imprisonment) Act 2017
Act No. of
s. 5
imprisonment that are
being imposed, confirmed
or activated, before the
expiration of which the
offender is not eligible for
parole.
(4) Nothing in this section is to be taken to
confer a power to make a sentence.
(5) A failure by a court to comply with this
section in relation to a sentence of
imprisonment is not to be taken to
invalidate the sentence.
5. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
8 Government Printer, Tasmania