2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mr Shane Rattenbury)
Crimes (Sentencing) Amendment Bill 2011

A Bill for
An Act to amend the Crimes (Sentencing) Act 2005

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Crimes (Sentencing) Amendment Act 2011.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Crimes (Sentencing) Act 2005.
4	New sections 138A and 138B
insert
138A	Reporting on purposes of sentencing
Each report prepared by the director-general under the Annual Reports (Government Agencies) Act 2004 must include information on how the purposes of sentencing mentioned in section 7 are being achieved including information on recidivism rates of people who have been sentenced in the ACT.
138B	Review of Act
	(1)	The Minister must review the operation of this Act.
	(2)	The review must begin before the end of this Act’s 6th year of operation.
Note	The Act commenced on 2 June 2006.  The review must begin not later than 1 June 2012.
	(3)	The Minister must present a report of the review to the Legislative Assembly within 12 months after the day the review is started.
	(4)	In reviewing this Act, the Minister must have regard to—
	(a)	how effective sentences imposed in the ACT are in meeting the purposes mentioned in section 7; and
	(b)	a comparison of custodial and non-custodial sentencing options available in the ACT with options in other jurisdictions, with an evaluation of the effectiveness of sentencing options that are not available in the ACT; and
	(c)	community attitudes to current sentencing outcomes; and
	(d)	options to improve the level of understanding within the community of sentencing purposes, processes and outcomes.
	(5)	In conducting the review, the Minister must consult with the following:
	(a)	the director of public prosecutions; 
	(b)	civil liberties groups; 
	(c)	entities that represent—
	(i)	police officers; and
	(ii)	victims of crime; and
	(iii)	the legal profession; and
	(iv)	offenders; 
	(d)	any other entity that, in the Minister’s opinion, has an interest in sentencing.
	(6)	In conducting the review, the Minister may have regard to anything else that the Minister considers relevant.
	(7)	The report must include recommendations about ways to improve the effectiveness of sentences imposed in the ACT in meeting the purposes of sentencing mentioned in section 7.
	(8)	This section expires 2 years after the day it commences.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2011.
2	Notification
	Notified under the Legislation Act on	2011.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2011