2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Courts Legislation Amendment Bill 2012

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Schedule 1	Legislation amended	3
Part 1.1	Crimes (Sentencing) Act 2005	3
Part 1.2	Supreme Court Act 1933	7

2012
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Attorney-General)
Courts Legislation Amendment Bill 2012

A Bill for
An Act to amend legislation about courts and sentencing

    

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

1	Name of Act
This Act is the Courts Legislation Amendment Act 2012.
2	Commencement
	(1)	This Act commences on a day fixed by the Minister by written notice.
Note 1	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2	A single day or time may be fixed, or different days may be fixed, for the commencement of different provisions (see Legislation Act, s 71 (1)).
	(2)	If this Act has not commenced within 12 months beginning on its notification day, it automatically commences on the first day after that period.
	(3)	The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to this Act.
3	Legislation amended
This Act amends the legislation mentioned in schedule 1.

Schedule 1	Legislation amended
(see s 3)
Part 1.1	Crimes (Sentencing) Act 2005
[1.1]	New section 33 (1) (ka)
insert
	(ka)	any assistance by the defence in the administration of justice (see section 35A);
[1.2]	Section 35 (7), definition of defence
substitute
defence means—
	(a)	the offender; or
	(b)	any lawyer representing the offender.
[1.3]	New section 35A
insert
35A	Reduction of sentence—assistance in administration of justice
	(1)	This section applies if—
	(a)	an offender is convicted or found guilty of an offence; and 
	(b)	before or after the conviction or finding of guilt—the defence assisted in the administration of justice for the offence.
Example—par (b)
An admission made by the defence pre-trial or during a trial
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(2)	A court may impose a lesser penalty (including a shorter nonparole period) on the offender than it would otherwise have imposed having regard to the degree of assistance provided in the administration of justice.
	(3)	A lesser penalty imposed under this section must not be unreasonably disproportionate to the nature and circumstances of the offence.
	(4)	For this section, assistance in the administration of justice does not include—
	(a)	assistance consisting only of a plea of guilty under section 35; or
	(b)	assistance given to law enforcement officers under section 36.
	(5)	In this section:
defence means—
	(a)	the offender; or
	(b)	any lawyer representing the offender.
[1.4]	Section 37 (1)
after
section 35 (Reduction of sentence—guilty plea)
insert
, section 35A (Reduction of sentence—assistance in administration  of justice)
[1.5]	Section 37 (2) (b)
before
section 36
insert
section 35A or
[1.6]	Section 41 (1) and note
substitute
	(1)	This section applies if—
	(a)	the Magistrates Court—
	(i)	finds an offender guilty of an offence in a proceeding before the court; or
	(ii)	accepts an offender’s guilty plea for an offence; or
	(b)	the Magistrates Court commits an offender to the Supreme Court for sentence; or
Note	The Magistrates Court may commit a person to the Supreme Court for sentence under the Magistrates Court Act 1930, s 92A.
	(c)	the Supreme Court—
	(i)	finds an offender guilty of an offence in a proceeding before the court; or
	(ii)	accepts an offender’s guilty plea for an offence.
	(1A)	If subsection (1) (b) applies—the Magistrates Court may—
	(a)	order a pre-sentence report in relation to the offender; and
	(b)	order the director-general to provide a copy of the report to the Supreme Court or any other person.
	(1B)	If subsection (1) (a) or (c) applies—the court may—
	(a)	order a pre-sentence report in relation to the offender; and
	(b)	adjourn the proceeding for the report to be prepared; and
	(c)	order the director general to provide a copy of the report to the court or any other person.
Note	If a form is approved under the Court Procedures Act 2004 for an order under this section, the form must be used (see that Act, s 8 (2)).
[1.7]	Section 45
omit
[1.8]	Dictionary, definition of pre-sentence report
substitute
pre-sentence report means a report—
	(a)	for use in a criminal proceeding; and
	(b)	prepared by the director-general.
Part 1.2	Supreme Court Act 1933
[1.9]	Section 68B (1) (c) (i) and (ii)
substitute
	(i)	the person, or the person’s legal representative, knows the identity of the judge for the person’s trial; and
	(ii)	any time limit prescribed under the rules; and

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 10 May 	2012.
2	Notification
	Notified under the Legislation Act on	2012.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2012