Sentencing (Miscellaneous) Amendment Bill

Second Reading

The Hon. R.I. LUCAS (Treasurer) (16:36): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and the detailed explanation of clauses inserted in Hansard without my reading them.

Leave granted.

Today, I introduce a Bill to amend the Sentencing Act 2017.

The Sentencing Act 2017 commenced on 30 April 2018. It repealed and replaced the Criminal Law (Sentencing) Act 1988.

The Bill contains amendments to address minor issues that have been identified by key stakeholders while implementing the new Sentencing Act. Such issues have arisen as a result of drafting oversight or are matters that would otherwise benefit from clarification. The government will continue to work with the profession and the judiciary on their broader concerns.

In summary, the minor amendments include:

clarification of the application of the definition of 'intervention program manager';

amending terminology in a provision relating to sentencing reductions, to ensure it is not interpreted in a way that allows a defendant to adjourn their arraignment hearing purely to preserve the maximum sentencing reduction;

excluding 'attempts' to commit serious and organised crime offences from the home detention regime;

clarification of the maximum length of a sentence of imprisonment applicable for an intensive correction order;

amending a reference to a 'case manager' to instead refer to a 'community corrections officer' in the provision relating to the conditions that may be imposed on bonds; and

deletion of an obsolete reference relating to the term of bonds.

The current definition of 'intervention program manager' in section 5 specifically refers to programs provided by the Courts Administration Authority. However, the Courts Administration Authority is only responsible for programs run under sections 29 and 30 of the Act. All other (post-sentence) programs are the responsibility of the Department of Correctional Services. The definition has been modified to clarify this.

Section 40 of the Sentencing Act sets out the sentencing reductions available when a defendant pleads guilty to certain offences. A concern has been raised that the phrase 'the period commencing immediately after the defendant's arraignment appearance' in section 40(3)(d) and (e) leaves it open for the defence to seek to adjourn the arraignment in order to preserve the 15% or 10% reduction for longer. The proposed amendment to include the wording '...the first date fixed for the arraignment of the defendant' avoids the potential for defendants to seek to adjourn matters simply to preserve a sentencing reduction for a greater period of time than was intended.

The rights of defendants whose arraignment is adjourned due to circumstances outside of their control will continue to be adequately protected by the considerations set out in section 40(4) of the Act.

It is proposed to exclude 'attempts' to commit serious and organised crime offences from the home detention regime in the same way that 'attempts' to commit serious sexual offences are already precluded from that regime.

The issue in relation to Intensive Corrections Orders is an apparent anomaly between s79(1)(a) and s81(1)(a). Section 79(1)(a) suggests that a period of imprisonment of 12 months is the threshold at which consideration of an Intensive Corrections Order can apply; while section 81(1)(a) indicates that an Intensive Corrections Order can be for a maximum of 2 years. The ambiguity will be clarified by amending s79(1)(a) to read '2 years' to marry up with section 81(1)(a).

The current reference to a 'case manager' in section 98(7)(b) should refer to a 'community corrections officer' to ensure consistency with the terminology term used elsewhere in the section.

Finally, a previous upper limit of 3 years as the maximum term of a bond has been removed from the Sentencing Act. However, section 103(2) continues to include a reference to the 3 year maximum. This was a drafting oversight that is rectified by the Bill.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Sentencing Act 2017

4—Amendment of section 5—Interpretation

A definition of intervention program manager is inserted for the purposes of the measure.

5—Amendment of section 40—Reduction of sentences for guilty pleas in other case

Technical amendments are made to section 40.

6—Amendment of section 71—Home detention orders

These amendments include an attempt to commit a serious and organised crime offence as a serious and organised crime offence for the purposes of section 71.

7—Amendment of section 79—Purpose of intensive correction order

A technical amendment is made to section 79.

8—Amendment of section 98—Conditions of bonds under this Act

The term 'case manager' is substituted with 'community corrections officer' in section 98, as the latter is the more appropriate term in the context of the provision.

9—Amendment of section 103—Variation or discharge of bond

A technical amendment is made to section 103.

Debate adjourned on motion of Hon. K.J. Maher.

At 16:37 the council adjourned until Tuesday 6 November 2018 at 14:15.