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2004-2005-2006
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
CRIMES AMENDMENT
(BAIL AND SENTENCING) BILL 2006
SUPPLEMENTARY EXPLANATORY MEMORANDUM
(Circulated by authority of the Attorney-General
the Honourable Philip Ruddock MP)
CRIMES AMENDMENT (BAIL AND SENTENCING) BILL 2006
GENERAL OUTLINE
The purpose of the Bill is to amend the sentencing and bail provisions in the Crimes Act 1914 in accordance with the decision made by the Council of Australian Governments on 14 July 2006 following the Intergovernmental Summit on Violence and Child Abuse in Indigenous Communities on 26 June 2006.
The Bill was introduced into the Parliament on 14 September 2006 and was subsequently referred to the Senate Standing Committee on Legal and Constitutional Affairs , which reported on 16 October 2006.
The Government accepts, in principle, Recommendation 1 of the Senate Standing Committee and has addressed this aspect of the Committee’s Report. These Government amendments to the Bill will not prejudice the intent of the Council of Australian Governments’ agreement following the Intergovernmental Summit on Violence and Child Abuse in Indigenous Communities.
The principal feature of the proposed amendments in this Bill is:
ยท to give consideration to customary law and cultural practice, specifically, if a Court can not reduce a penalty under the legislation, then it also should not be able to increase the penalty.
FINANCIAL IMPACT
There is no financial impact from the provisions in this Bill.
NOTES ON ITEMS
Items 1 & 2
In its report the Senate Standing Committee on Legal and Constitutional Affairs expressed concern, in relation to a court giving consideration to customary law and cultural practice, specifically, if a Court can not reduce a penalty under the legislation, then it also should not be able to increase the penalty. Item 1 amends the proposed Bill to implement this change with respect to bail hearings and item 2 implements this change with respect to sentencing.