Section 10 — Quorum — Crimes (Sentencing Procedure) Act 1999 (New South Wales) — Barrister AI

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Section 10 — Quorum — Crimes (Sentencing Procedure) Act 1999 (New South Wales) — Barrister AI

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s 1Name of Act s 2Commencement s 3Interpretation s 3APurposes of sentencing s 4Penalties generally s 4ADomestic violence offenders—requirement for full-time detention or supervision s 4BDomestic violence offenders—protection and safety of victims s 5Penalties of imprisonment s 5ACompulsory drug treatment detention s 6(Repealed)s 7Intensive correction orders s 8Community correction orders s 9Conditional release orders s 10Dismissal of charges and conditional discharge of offender s 10AConviction with no other penalty s 11Deferral of sentencing for rehabilitation, participation in an intervention program or other purposes s 12, 13(Repealed)s 14(Repealed)s 15Fines as an additional or alternative penalty to imprisonment for offences dealt with on indictment s 16Fines for bodies corporate for offences punishable by imprisonment only s 17Penalty units s 17ANon-association and place restriction orders s 17BDefinition of and provisions relating to “assessment report”s 17CRequest for assessment report s 17DRequirement for assessment report s 17EDefinitions s 17FMultiple orders s 17GCommunity service work conditions under multiple orders s 17HCurfew conditions under multiple orders s 17IExplanation of relevant order to offender s 17JNotice of relevant order to be given s 18Interpretation of provisions imposing penalties s 19Effect of alterations in penalties s 20No double jeopardy s 21General power to reduce penalties s 21AAggravating, mitigating and other factors in sentencing s 21BSentencing patterns and practices s 22Guilty plea to be taken into account for offences not dealt with on indictment s 22APower to reduce penalties for facilitating the administration of justice s 23Power to reduce penalties for assistance provided to law enforcement authorities s 24Court to take other matters into account s 24AMandatory requirements for supervision and other prohibitions to be disregarded in sentencing s 24BConfiscation of assets and forfeiture of proceeds of crime to be disregarded in sentencing s 24CLoss of parliamentary pension to be disregarded in sentencing s 25Local Court not to impose certain penalties if offender is absent s 25AASentencing for child sexual offences s 25AApplication of Division s 25BDefinitions s 25CTiming of pleas and notice requirements s 25DSentencing discounts for guilty plea for offences dealt with on indictment s 25ESentencing discounts to apply in certain cases where guilty plea offer made for different offences and refused when made s 25FOther provisions applying to sentencing discount s 26Definitions s 27Application of Division s 28Contents of victim impact statements s 29Formal requirements for victim impact statements s 30Victim may be assisted s 30ATendering of victim impact statements s 30BReceipt of victim impact statement by court s 30CVictim may object to tendering of victim impact statement s 30DReading out of statement s 30EHow court uses victim impact statements s 30FRestrictions on consideration of victim impact statements not made in accordance with Division s 30GAccess to victim impact statements prior to sentencing hearing s 30HVictims are entitled to have a support person present s 30IVictims who are entitled to give evidence in closed court may also read their victim impact statements in closed court s 30JVictims who are entitled to give evidence by CCTV may also read their victim impact statements by CCTV s 30KOther victims may read their victim impact statements in closed court or by CCTV with leave of court s 30LVictim impact statements where verdict of act proven but not criminally responsible s 30MSubmissions by designated carers and principal care providers s 30NVictim impact statements in mental health and cognitive impairment forensic proceedings s 31Definitions s 32Prosecutor may file list of additional charges s 33Outstanding charges may be taken into account s 34Ancillary orders relating to offences taken into account s 35Consequences of taking offences into account s 35AConsultation with victim and police in relation to charge negotiations s 36Definitions s 37Guideline judgments on application of Attorney General s 37AGuideline judgments on own motion s 37BReview, variation and revocation of guideline judgments s 38Senior Public Defender may intervene s 39Director of Public Prosecutions may intervene s 39AAttorney General may intervene s 40Discretion of Court preserved s 41Rules of court s 42Use of evidence in giving guideline judgments s 42ARelationship of guidelines and other sentencing matters s 43Court may reopen proceedings to correct sentencing errors s 44Court to set non-parole period s 45Court may decline to set non-parole period s 46Court not to set non-parole period for sentence of 6 months or less s 47Commencement of sentence s 48Information about release date s 49Restriction on term of sentence s 50-51B50–51B (Repealed)s 52Court’s powers on appeal s 53Multiple sentences of imprisonment s 53AAggregate sentences of imprisonment s 53BLimitation on aggregate sentences imposed by Local Court s 54Exclusions from Division s 54AWhat is the standard non-parole period?s 54BConsideration of standard non-parole period in sentencing s 54CCourt to give reasons if non-custodial sentence imposed s 54DExclusions from Division Table (Pt 4 Div 1A)Standard non-parole periods s 55Sentences for offences generally s 56Sentences for offences involving assault by convicted inmate s 57Sentences for offences involving escape by inmates s 58Limitation on consecutive sentences imposed by Local Court s 59Court may vary commencement of sentence on quashing or varying other sentence s 60Application of Division to interstate sentences of imprisonment s 60ADefinitions s 60BPower to impose provisional sentence s 60CCase plan to be provided s 60DEffect of provisional sentence s 60EProgress reviews s 60FProgress reports to be provided by person responsible for detention of an offender s 60GFinal sentence s 60HTime limit for imposition of final sentence s 60IAppeals s 61ALife sentences s 61Mandatory life sentences for certain offences s 62Warrant of commitment s 63Offenders to be photographed and fingerprinted s 64Application s 65Definition s 66Community safety and other considerations s 67Intensive correction order not available for certain offences s 68Intensive correction orders not available where imprisonment exceeds limits s 69Assessment of suitability of offender for intensive correction order s 70Term of intensive correction order s 71Commencement of intensive correction order s 72Conditions generally s 73Standard conditions s 73AAdditional conditions s 73BFurther conditions s 84Application s 85Term of community correction order s 86Commencement of community correction order s 87Conditions generally s 88Standard conditions s 89Additional conditions s 90Further conditions s 91Power of court in dealing with applications s 92, 93(Repealed)s 94Application s 95Term of conditional release order s 96Commencement of conditional release order s 97Conditions generally s 98Standard conditions s 99Additional conditions s 99AFurther conditions s 100Power of court in dealing with applications s 100ANon-association and place restriction orders not to restrict certain associations or activities s 100BExplanation of non-association and place restriction orders to offenders s 100CCommencement of non-association and place restriction orders s 100DSuspension of non-association and place restriction orders while offenders in custody s 100EContravention of non-association and place restriction orders s 100FVariation or revocation of non-association and place restriction orders following subsequent conviction s 100GVariation or revocation of non-association and place restriction orders on application s 100HCertain information not to be published or broadcast s 100IConstitution of New South Wales Sentencing Council s 100JFunctions of Sentencing Council s 100KCommittees of Sentencing Council s 100LStaff of Sentencing Council s 100MApplication s 100NSuitability of offender for intervention program s 100OReferral of offender for assessment s 100PExplanation of intervention program order s 100QProcedure following failure to enter into agreement s 100RProceedings for breach of order s 100SConsequences of revocation of order s 100TRight to decide not to participate in intervention program s 101Abolition of power of court concerning recognizances and sureties s 101AEffect of failure to comply with Act s 102Prerogative of mercy preserved s 103Regulations s 104Savings, transitional and other provisions s 105Review of Act s 106Review of Crimes (Sentencing Procedure) Amendment (Standard Minimum Sentencing) Act 2002 s 107Review of Crimes (Sentencing Procedure) Amendment (Family Member Victim Impact Statement) Act 2014 s 1Definitions s 2Applications for determination of non-parole periods s 2ARestriction on number of further applications by offender for determination of non-parole periods s 3Matters for consideration by Supreme Court s 4Determination of application s 5Effect of determination to set a non-parole period s 6Supreme Court may prohibit further applications s 6ALeave required for withdrawal of application and re-application s 7Matters relating to exercise of Supreme Court’s functions s 8Appeal from Supreme Court’s decision s 1Definition s 2Chairperson and Deputy Chairperson s 3Terms of office of members s 4Remuneration s 5Deputies of members s 6Vacancy in office of member s 7Filling of vacancy in office of member s 8Effect of certain other Acts s 9General procedure s 10Quorum s 11Presiding member s 12Voting s 13First meeting s 1Savings and transitional regulations s 2Definitions s 3Periodic detention orders s 4Undertakings s 5Ancillary orders s 6Suitability reports s 7Warrants s 8Notices s 9Definitions s 10Home detention orders s 11Assessment reports s 12Undertakings s 13Definitions s 14Community service orders s 15Suitability reports s 16Notices s 17Definitions s 18Parole orders s 19Sentences of imprisonment s 20Information about minimum term s 21Applications for determination of minimum terms for existing life sentences s 22Existing licences and existing sentences s 23Definitions s 24Victim impact statements s 25Lists of additional charges s 26Ancillary orders s 27Guideline judgments s 28Definition s 29Recognizances s 30Definition s 31Arrest warrants for absent offenders s 32Definitions s 33Power to fine for certain offences s 34Taking of photographs and fingerprints s 35Delegations s 36Construction of certain references s 37General saving s 38Definition s 39(Repealed)s 40Application of section 22A (Power to reduce penalties for pre-trial disclosure)s 41Validation of guideline judgments s 42Application of amendments s 43Parole orders s 44Application of section 17A s 45Offences to which amending Act applies s 46Application of existing guideline judgments s 47Application s 48Application of amendments to sections 55 and 56 s 49Application of amendment to section 58 s 50Application of section 51 (1AA)s 51Application of amendments s 52Power of Local Court to impose further consecutive sentences s 53Victim impact statements s 54Prescribed forms s 55Existing offences and proceedings s 56Application of amendments s 57Existing offences and proceedings s 58Application of amendments s 59Existing offences and proceedings s 60Standard non-parole periods s 61Savings for periodic detention orders s 62Application of amendments s 62AEffect of amendments s 62BDefinitions s 62CEffect of repeal of Act s 62DContinued operation of sentencing discount arrangements s 62EContinued operation of certain protections and offences s 62FGeneral s 63Conditions of community service orders s 64Provisional sentencing s 65Operation of amendments s 66Existing offences and proceedings s 67Application of amendments s 68Standard non-parole periods s 69Standard non-parole periods s 70Definitions s 71Existing home detention orders under section 6 s 72Existing intensive correction orders under section 7 s 73Existing community service orders under section 8 s 74Existing good behaviour bonds under section 9 s 75Existing good behaviour bonds under section 10 (1) (b)s 76Existing suspended sentence orders under section 12 s 76AAction for breaches of expired suspended sentence orders s 77References in other legislation s 78Variations of conditions of converted orders s 79Application of this Division s 80Existing periodic detention orders s 80AOffenders in custody following warrant s 81Existing warrants for revoked periodic detention orders s 82Provisions regarding warrants referred to in clauses 80 and 81 s 82AExisting assessment reports s 83Court to take community service order or good behaviour bond into account when sentencing s 84Correction and adjustment of sentences s 85Procedure following failure to enter into good behaviour bond s 86Appeals in respect of converted order and bonds s 86AApplications to Supreme Court as to certain existing orders s 86BOther transitional matters in respect of home detention orders s 86COther transitional matters in respect of intensive correction orders s 86DOther transitional matters in respect of community service orders s 86EOther transitional matters in respect of good behaviour bonds s 86FTransitional provisions in respect of certain warrants s 87Regulations s 88Definitions s 89Existing proceedings s 90Previous offences s 91Standard non-parole periods s 92Application of amendments s 93Standard non-parole periods s 94Application of amendments s 95Sentencing patterns and practices s 96Application of amendment s 97Standard non-parole periods s 98Aggravating factor—hatred or prejudice

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10

Quorum

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10 Quorum

The quorum for a meeting of the Sentencing Council is a majority of its members for the time being.

This Act’s bill:Explanatory memorandum Second reading speech

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