2011

MINISTER FOR JUSTICE AND ATTORNEY-GENERAL

                                      				SERIAL NO. 151 

EXPLANATORY STATEMENT

CRIMINAL LAW AMENDMENT (SENTENCING APPEALS) BILL 2011

GENERAL OUTLINE

This Bill amends the Criminal Code and the Justices Act.

The Criminal Code is amended such that, when the 
Court of Criminal Appeal is considering a prosecution appeal against sentence, the principle of double jeopardy should not be taken into account when determining whether to allow the appeal or in determining what sentence to impose.

The Justices Act is amended such that, in exercising a discretion to allow appeal or determining what sentence to impose, the Supreme Court must not take into account any element of double jeopardy. 

NOTES ON CLAUSES

Part 1	Preliminary matters

Clause 1.	Short title

This is a formal clause which provides for the citation of the Bill.  The Bill when passed may be cited as the Criminal Law Amendment (Sentencing Appeals) Act 2011.

Clause 2.	Commencement 

The Act will commence on the date fixed by the Administrator by Gazette notice.  

Part 2	Amendment of Criminal Code

Clause 3.	Act amended

This Part amends the Criminal Code.

Clause 4.	Section 414 amended

This clause amends section 414 of the Criminal Code by inserting a new subsection 414 (IA) providing that when the Court of Criminal Code exercises its discretion on an appeal, it must not take into account any element of double jeopardy involving the respondent being sentenced again. This provision applies to appeals for sentences imposed after the commencement of new subsection 414 (IA).

Part 3	Amendment of Justices Act

Clause 5.	Act Amended

This Part amends the Justices Act.

Clause 6.	Section 177 amended

This clause amends section 177 of the Justices Act by inserting new subsection 177(4) providing that when the Supreme Court is exercising its discretion on an appeal under section 163(1), it must not take into account any element of double jeopardy, when deciding to allow the appeal or impose another sentence. This provision applies to appeals for sentences imopsed after the commencement of new subsection 177(4). The new subsection will only apply to prosecution appeals.  By operation of section 144(3) of the Youth Justice Act, the new subsection will also apply to appeals from the Youth Justice Court.