Sentencing Amendment Act 2002
An Act to amend the Sentencing Act 1997 and the Corrections Act 1997 to provide for non-parole periods in respect of sentences of imprisonment
[Royal Assent 12 July 2002]
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:
PART 1 - Preliminary
This Act may be cited as the Sentencing Amendment Act 2002 .
The provisions of this Act commence on a day or days to be proclaimed.
PART 2 - Sentencing Act 1997 Amended
In this Part, the Sentencing Act 1997 is referred to as the Principal Act.
The amendments effected by this section have been incorporated into the authorised version of the Sentencing Act 1997 .
The amendment effected by this section has been incorporated into the authorised version of the Sentencing Act 1997 .
The amendment effected by this section has been incorporated into the authorised version of the Sentencing Act 1997 .
[Commences: 29 December 2004
7. Section 81A inserted
After section 81 of the Principal Act , the following section is inserted in Division 1:81A. Court may receive victim impact statement
(1) In this section –immediate family, in respect of a deceased victim, includes –(a) the spouse or de facto spouse of the deceased victim; and(b) a parent, guardian or step-parent of the deceased victim; and(c) a child or stepchild of the deceased victim; and(d) a brother, sister, stepbrother or stepsister of the deceased victim;indictable offence means –(a) an offence that is punishable on indictment even though in some instances it may be dealt with summarily; or(b) any other offence that is prescribed for the purposes of this section;victim, in respect of an offence, means –(a) a person who has suffered injury, loss or damage as a direct consequence of the offence; and(b) a member of the immediate family of a deceased victim of the offence.(2) If a court finds a person guilty of an indictable offence, a victim of that offence may furnish to the court a written statement that –(a) gives particulars of any injury, loss or damage suffered by the victim as a direct consequence of the offence; and(b) describes the effects on the victim of the commission of the offence.(3) The statement must comply with, and be furnished in accordance with, applicable Rules of Court or rules made under subsection (6) .(4) If the court finds a person guilty of an offence, the court must, if the victim has so requested on furnishing a statement under subsection (2) , allow the victim to read the statement to the court.(5) If no such request is made, the court must cause the statement furnished by the victim to be read to the court.(6) For the purposes of this section –(a) Rules of Court may be made under section 12 of the Criminal Code Act 1924 ; and(b) rules may be made under section 144 of the Justices Act 1959 .(7) This section does not derogate from section 81 and subsections (2) and (4) of that section apply to a statement furnished under this section.
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PART 3 - Corrections Act 1997 Amended
In this Part, the Corrections Act 1997 is referred to as the Principal Act.
The amendments effected by this section have been incorporated into the authorised version of the Corrections Act 1997 .
The amendment effected by this section has been incorporated into the authorised version of the Corrections Act 1997 .
The amendment effected by this section has been incorporated into the authorised version of the Corrections Act 1997 .
The amendments effected by this section have been incorporated into the authorised version of the Corrections Act 1997 .