Crimes (Sentencing Procedure) Regulation 2024

This regulation is the Crimes (Sentencing Procedure) Regulation 2024.

This regulation commences on 1 September 2024.

Note—

This regulation replaces the Crimes (Sentencing Procedure) Regulation 2017, which is repealed on 1 September 2024 by the Subordinate Legislation Act 1989, section 10(2).

In this regulation—

forensic patient, for Part 2, Division 4—see section 14.

the Act means the Crimes (Sentencing Procedure) Act 1999.

Tribunal, for Part 2, Division 4—see section 14.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.

A reference in this regulation to a community corrections officer is, if the offender to whom the reference relates is subject to supervision by a juvenile justice officer, taken to be a reference to a juvenile justice officer within the meaning of the Children (Detention Centres) Act 1987.

Note—

Juvenile justice officers are referred to in—

the Act, sections 17B, 55, 56, 58, 89–91 and 99–100, and

the Crimes (Administration of Sentences) Act 1999, sections 107E and 108E.

For the Act, section 32(4)(c), the following persons and classes of persons are prescribed—

police officers,

persons employed in the Transport Service in a role designated by the Secretary of the Department of Transport as a senior legal role,

the Commissioner for Fair Trading, Department of Customer Service or, if there is no person employed as Commissioner for Fair Trading, the Secretary of the Department of Customer Service,

the Point to Point Transport Commissioner appointed under the Point to Point Transport (Taxis and Hire Vehicles) Act 2016,

the General Counsel of the Ministry of Health,

the Chief Health Officer of the Ministry of Health,

the Secretary of the Ministry of Health,

the Secretary of the Department of Climate Change, Energy, the Environment and Water,

the Secretary of the Department of Creative Industries, Tourism, Hospitality and Sport,

the Secretary of the Department of Planning, Housing and Infrastructure,

the Secretary of the Department of Primary Industries and Regional Development,

the Chief Executive Officer of the Environment Protection Authority,

the Chief Executive Officer of the Food Authority,

the Deputy Secretary, Hospitality and Racing, within the Department of Creative Industries, Tourism, Hospitality and Sport,

persons employed in the Department of Education in a role designated by the Secretary of the Department of Education as a senior legal role,

persons employed in the Department of Climate Change, Energy, the Environment and Water—

in whose name prosecution proceedings are instituted, or

in a role designated by the Secretary of the Department of Climate Change, Energy, the Environment and Water as a senior legal role,

persons employed in the Department of Creative Industries, Tourism, Hospitality and Sport—

in whose name prosecution proceedings are instituted, or

in a role designated by the Secretary of the Department of Creative Industries, Tourism, Hospitality and Sport as a senior legal role,

persons employed in the Department of Planning, Housing and Infrastructure—

in whose name prosecution proceedings are instituted, or

in a role designated by the Secretary of the Department of Planning, Housing and Infrastructure as a senior legal role,

persons employed in the Department of Customer Service in a role designated by the Secretary of the Department of Customer Service as a senior legal role,

persons employed in the Department of Primary Industries and Regional Development—

in whose name prosecution proceedings are instituted, or

in a role designated by the Secretary of the Department of Primary Industries and Regional Development as a senior legal role,

persons who—

under the Prevention of Cruelty to Animals Act 1979, are appointed officers employed by an approved charitable organisation, and

are designated by the chief executive of the approved charitable organisation.

For the Act, section 35A(3), the following persons and classes of persons are prescribed—

for proceedings being prosecuted by a police prosecutor—police officers,

persons employed in the Transport Service in a role designated by the Secretary of the Department of Transport as a senior legal role,

the Commissioner for Fair Trading, Department of Customer Service or, if there is no person employed as Commissioner for Fair Trading, the Secretary of the Department of Customer Service,

the Point to Point Transport Commissioner appointed under the Point to Point Transport (Taxis and Hire Vehicles) Act 2016,

the Secretary of the Department of Climate Change, Energy, the Environment and Water,

the Secretary of the Department of Planning, Housing and Infrastructure,

the Secretary of the Department of Primary Industries and Regional Development,

the Chief Executive Officer of the Environment Protection Authority,

the Chief Executive Officer of the Food Authority,

persons employed in the Department of Climate Change, Energy, the Environment and Water—

in whose name prosecution proceedings are instituted, or

in a role designated by the Secretary of the Department of Climate Change, Energy, the Environment and Water as a senior legal role,

persons employed in the Department of Education in a role designated by the Secretary of the Department of Education as a senior legal role,

persons employed in the Department of Planning, Housing and Infrastructure—

in whose name prosecution proceedings are instituted, or

in a role designated by the Secretary of the Department of Planning, Housing and Infrastructure as a senior legal role,

persons employed in the Department of Primary Industries and Regional Development—

in whose name prosecution proceedings are instituted, or

in a role designated by the Secretary of the Department of Primary Industries and Regional Development as a senior legal role,

persons employed in the Department of Customer Service in a role designated by the Secretary of the Department of Customer Service as a senior legal role.

A warrant for the committal of an offender issued under the Act, section 62(1) must be in the form approved by the Minister.

A victim impact statement—

must be—

legible, whether typed or handwritten, and

on A4-sized paper, and

must not, without the leave of the court, be longer than 20 pages in total, including any medical reports or other annexures.

Note—

The Department of Communities and Justice provides information about victim impact statements, including the suggested form of a victim impact statement, on its website at www.victimsservices.justice.nsw.gov.au.

A victim impact statement must identify each victim to whom the statement relates.

The statement must include the full name of the person who prepared the statement.

If the statement is prepared by a person other than a victim to whom the statement relates, or a representative of a victim mentioned in section 11(1), the statement must—

indicate that each victim does not object to the statement being tendered to the court, and

be signed by each victim, or the representative of the victim, to verify that each victim does not object to the statement being tendered to the court.

If a victim to whom the victim impact statement relates is a family victim, the statement must—

identify the primary victim, and

state the nature of the family victim’s relationship with the primary victim, and

unless the family victim is related to the primary victim by blood or marriage—state the duration of the family victim’s relationship with the primary victim.

If a victim’s representative acts on behalf of a primary victim for the purposes of providing information for the preparation of the statement, the statement must state the following—

the representative’s name, and

the nature of the representative’s relationship with the primary victim, and

unless the representative is related to the primary victim by blood or marriage—the duration of the representative’s relationship with the primary victim.

The statement must not contain—

anything that is offensive, threatening, intimidating or harassing, or

suggestions or views about—

the sentence to be imposed, or

the matters that the sentencing court should take into account, or

anything else that is not referred to in the Act, section 28 or otherwise not contemplated by the Act to be included in the statement.

This section applies to a victim impact statement prepared for the purposes of the Act, section 30L (a section 30L victim impact statement).

A section 30L victim impact statement may include the following matters—

the risk that the release of the offender would pose to the victim,

conditions that should be imposed on the release of the offender,

any other matters relating to the victim that the victim thinks should be considered in deciding the conditions of release for the offender.

If the court receives a section 30L victim impact statement, the court may invite the victim or the person who prepared the statement to—

add any matter mentioned in subsection (2) to the statement, or

make submissions on any of the matters.

Section 8(3) does not apply to a section 30L victim impact statement.

Only 1 victim impact statement may be tendered in relation to—

the primary victim, or

if the primary victim has died as a result of the offence—each family victim.

Any of the following persons may be a representative of a victim for the purposes of providing information for the preparation of a victim impact statement or objecting to the tendering of a victim impact statement—

a person having parental responsibility for the victim,

a member of the victim’s immediate family,

the victim’s carer,

a person who is important in the victim’s life,

another person chosen by the victim.

A qualified person designated by any of the following persons may be a representative of a victim for the purposes of preparing a victim impact statement—

the victim or victims to whom the statement relates,

a representative of a victim who is providing information for the preparation of the statement,

the prosecutor in the proceedings to which the statement relates.

Subsection (2) does not limit the ability of a victim to designate a person as a representative of the victim for the purposes of preparing a victim impact statement.

Any of the following persons may be a representative of a victim for the purposes of reading a victim impact statement—

a person designated by the victim or victims to whom the statement relates,

if a representative of the victim is providing information for the preparation of the statement—a person, including the representative, designated by the representative.

In this section—

qualified person means—

a counsellor approved under the Victims Support Act 2013, section 31, or

another person qualified, by training, study or experience, to provide the particulars required for the preparation of a victim impact statement.

An assessment report in relation to an offender must address the following matters—

the offender’s risk of re-offending,

factors related to the offender’s offending behaviour,

factors that may affect the offender’s ability to address the offender’s offending behaviour,

how the factors referred to in paragraphs (b) and (c) would be addressed by supervision and the availability of resources to provide supervision,

conditions that would facilitate the effective supervision of the offender in the community,

the offender’s suitability for community service work,

a summary of the offender’s response to any previous period of management in the community in relation to a relevant order,

any other matters the court wishes to have specifically addressed.

Subsection (1) does not limit the matters that may be addressed in an assessment report.

An assessment report does not need to address a matter referred to in subsection (1) if—

the matter is not relevant to the circumstances relating to the offender, or

the court does not require the matter to be addressed.