NCJ Number
183049
Journal
Judicial Officers' Bulletin Volume: 12 Issue: 1 Dated: February 2000 Pages: 1-4
Date Published
February 2000
Length
4 pages
Annotation
This article provides an overview of the main features of Australia's Crimes (Sentencing Procedure) Act 1999 (No. 92), Crimes Legislation Amendment (Sentencing) Act 1999 (No. 94), and Crimes (Administration of Sentences) Act 1999 (No. 93).
Abstract
The three Acts together constitute an important reform of the criminal justice and correctional systems; however, they are not in the main concerned with the creation or abolition of criminal offenses; nor are they intended to increase or decrease the maximum penalties that are currently available for existing criminal offenses. The Acts implement a significant number of reforms that were recommended by the New South Wales Law Reform Commission in its report on the law and practice of sentencing. Some of the other reforms fix ambiguities in pre-existing legislation and streamline aspects of the criminal justice and correctional systems. The Amendment Act abolishes the concepts of felony and misdemeanor and has restructured the Criminal Procedure Act of 1986 by transferring to it the evidentiary and procedural provisions that were previously found in the Crimes Act 1900. The Amendment Act went into effect January 1, 2000. A principal objective of the Procedure Act is to amalgamate and re-enact the sentencing procedure provisions in seven pieces of legislation. How a sentence is to be served and administered is addressed in the Administration Act. The concluding section of this article notes that, in general, the changes have been welcomed by criminal justice professionals. Areas of critical comment, however, are outlined. 7 notes