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Sentencing (Further Amendment) Bill
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the purpose of the Act, which is to--
· promote the recognition of victims in court processes
by--
· amending the Sentencing Act 1991 to require
sentencing courts to consider the impact of the
offence on any victim;
· amend 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
· amend 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 is appropriate to do so.
Clause 2 provides that the Act will commence on the day after the day on
which it receives Royal Assent.
Clause 3 inserts a new section 5(2) (daa) of the Sentencing Act 1991
requiring the court to have regard to the impact of the offence on
any victim of the offence.
Clause 4 amends section 95B(1) of the Sentencing Act 1991 to provide
that the contents of a victim impact statement should, in addition
to containing particulars of any injury, loss or damage suffered
by the victim, also contain particulars of the impact of the
offence on the victim.
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551268 BILL LA INTRODUCTION 22/3/2005
Clause 5 inserts a new section 95F of the Sentencing Act 1991 to provide
that the court must ensure that any admissible parts of the victim
impact statement that are appropriate and relevant to sentencing
must be read aloud in open court in the course of the sentencing
hearing by the prosecutor if the victim so requests. This section
is not intended to prevent the presiding judge or magistrate from
reading aloud admissible parts of the victim impact statement
during sentencing or at any other time in the course of the
sentencing hearing.
Clause 6 inserts a new section 130 of the Sentencing Act 1991 to provide
that any amendments made to the Sentencing Act 1991 by this
amending Act apply to a proceeding for an offence commenced
on or after the commencement of that provision, regardless of
when the offence is alleged to have been committed.
Clause 7 amends section 136A(4) of the Children and Young Persons
Act 1989 to provide that the contents of a victim impact
statement should, in addition to containing particulars of any
injury, loss or damage suffered by the victim, also contain
particulars of the impact of the offence on the victim.
It also inserts a new sub-section into section 136A of the
Children and Young Persons Act 1989 to provide that the court
must ensure that any admissible parts of the victim impact
statement that are appropriate and relevant to sentencing must be
read aloud in open court in the course of the sentencing hearing
by the prosecutor if the victim so requests.
Clause 8 inserts clause 28 into Schedule 3 to the Children and Young
Persons Act 1989 to provide that the amendments made to the
Children and Young Persons Act 1989 by section 7 of this
amending Act apply 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.
Clause 9 inserts a new Division 3A into Part II of the Evidence Act 1958
to provide that a court in a criminal proceeding may only order a
victim of the offence who is a witness in a proceeding to leave
the courtroom if the court considers it is appropriate to do so.
The court may consider it appropriate to do so to ensure a fair
trial or for any other reason. The amendment is not intended to
prevent a court from ordering a victim who is also a witness to
leave the courtroom at any time after giving evidence if the court
considers it appropriate to do so.
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Clause 10 inserts a new section 156A in the Evidence Act 1958 to provide
for transitional arrangements. Specifically, the new Division 3A
of Part II of the Evidence Act 1958 applies to a proceeding for
an offence commenced on or after the commencement of that
Act, regardless of when the offence is alleged to have been
committed.
Clause 11 inserts section 127(ba) of the Magistrates' Court Act 1989 to
provide that in a criminal proceeding the court may not order a
victim to leave the courtroom until he or she is required to give
evidence unless the court so specifies in the witness order.
A court may make such an order to ensure a fair hearing or for
any other reason. The section makes it clear that it is not
intended to prevent a court from ordering a witness to leave the
courtroom at any time after giving evidence if the court considers
it appropriate to do so.
Clause 12 inserts clause 31A of Schedule 8 to the Magistrates' Court Act
1989 to provide that an amendment to that Act by section 11 of
this Act 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.
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