Sentencing Amendment Act 1999

Sentencing Amendment Act 1999

An Act to amend the Sentencing Act 1997

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Sentencing Amendment Act 1999 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Sentencing Act 1997 is referred to as the Principal Act.

4.    Section 16 amended (Time held in custody before trial, &c., to be taken into account)

Section 16 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

(1)  A court that is sentencing an offender to a term of imprisonment for an offence –

(a) must take into account any period of time during which the offender was held in custody in relation to proceedings for, or arising from, that offence; and

(b) may order that the sentence of imprisonment is to commence on a day earlier than the day on which it is imposed.

5.    Section 36 amended (Breach of community service order)

Section 36 of the Principal Act is amended by inserting after subsection (3) the following subsection:

(3A)  The court may issue a warrant to arrest the offender if –

(a) the offender fails to appear at the time and place fixed for the hearing of the complaint; or

(b) reasonable efforts have been made to serve the offender with a summons to answer the complaint but have been unsuccessful.

[Second reading presentation speech made in:

House of Assembly on 25 MARCH 1999

Legislative Council on 21 APRIL 1999]