Sentencing Amendment Regulations 2009

i Sentencing Amendment Regulations 2009 S.R. No. 160/2009 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Principal Regulations 1 5 Registrar's duties 2 6 Notice of application for review of special condition of justice plan 2 7 Assessment of order for detention in an approved mental health service 2 8 Diagnosis, assessment and treatment order 2 9 Certificate of psychiatrist for diagnosis, assessment and treatment order 3 10 Certificate of psychiatrist for restricted involuntary treatment order 3 11 Certificate of psychiatrist for hospital security order 3 12 Report of authorised psychiatrist for diagnosis, assessment and treatment order 4 13 Report of authorised psychiatrist for restricted involuntary treatment order 4 14 Report of authorised psychiatrist for hospital security order 4 15 Restricted involuntary treatment order 4 16 Hospital security order 5 17 Intensive correction order 5 18 Community-based order 5 19 Application for hearing of a breach of a suspended sentence 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 STATUTORY RULES 2009 S.R. No. 160/2009 Sentencing Act 1991 Sentencing Amendment Regulations 2009 The Governor in Council makes the following Regulations: Dated: 8 December 2009 Responsible Minister: ROB HULLS Attorney-General TOBY HALLIGAN Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Sentencing Regulations 2002 to achieve consistency with the Criminal Procedure Act 2009. 2 Authorising provision These Regulations are made under section 116 of the Sentencing Act 1991. 3 Commencement These Regulations come into operation on 1 January 2010. 4 Principal Regulations In these Regulations, the Sentencing Regulations 2002 1 are called the Principal Regulations. -- 2 of 7 -- S.R. No. 160/2009 Sentencing Amendment Regulations 2009 2 5 Registrar's duties In regulation 35(2) of the Principal Regulations— (a) for paragraphs (a) and (b) substitute— "(a) by personal service in accordance with section 391 of the Criminal Procedure Act 2009; or"; (b) in paragraph (c) omit "or (b)". 6 Notice of application for review of special condition of justice plan In Form 1 in the Schedule to the Principal Regulations, for "SENTENCING ORDER" substitute "SENTENCE". 7 Assessment of order for detention in an approved mental health service In Form 2 in the Schedule to the Principal Regulations— (a) for "Defendant" substitute "Offender"; (b) for "defendant" (wherever occurring) substitute "offender"; (c) for "defendant's" (wherever occurring) substitute "offender's"; (d) for "DEFENDANT" substitute "OFFENDER". 8 Diagnosis, assessment and treatment order In Form 3 in the Schedule to the Principal Regulations— (a) for "Defendant" substitute "Offender"; (b) for "defendant" (wherever occurring) substitute "offender"; (c) for "DEFENDANT" substitute "OFFENDER". r. 5 -- 3 of 7 -- S.R. No. 160/2009 Sentencing Amendment Regulations 2009 3 9 Certificate of psychiatrist for diagnosis, assessment and treatment order In Form 4A in the Schedule to the Principal Regulations— (a) for "defendant" (wherever occurring) substitute "offender"; (b) for "Defendant's" substitute "Offender's"; (c) for "defendant's" (wherever occurring) substitute "offender's". 10 Certificate of psychiatrist for restricted involuntary treatment order In Form 4B in the Schedule to the Principal Regulations— (a) for "defendant" (wherever occurring) substitute "offender"; (b) for "Defendant's" substitute "Offender's"; (c) for "defendant's" (wherever occurring) substitute "offender's". 11 Certificate of psychiatrist for hospital security order In Form 4C in the Schedule to the Principal Regulations— (a) for "defendant" (wherever occurring) substitute "offender"; (b) for "Defendant's" substitute "Offender's"; (c) for "defendant's" (wherever occurring) substitute "offender's". r. 9 -- 4 of 7 -- S.R. No. 160/2009 Sentencing Amendment Regulations 2009 4 12 Report of authorised psychiatrist for diagnosis, assessment and treatment order In Form 5A in the Schedule to the Principal Regulations— (a) for "defendant" (wherever occurring) substitute "offender"; (b) for "Defendant's" substitute "Offender's". 13 Report of authorised psychiatrist for restricted involuntary treatment order In Form 5B in the Schedule to the Principal Regulations— (a) for "defendant" (wherever occurring) substitute "offender"; (b) for "Defendant's" substitute "Offender's". 14 Report of authorised psychiatrist for hospital security order In Form 5C in the Schedule to the Principal Regulations— (a) for "defendant" (wherever occurring) substitute "offender"; (b) for "Defendant's" substitute "Offender's". 15 Restricted involuntary treatment order In Form 6 in the Schedule to the Principal Regulations— (a) for "Defendant" substitute "Offender"; (b) for "defendant" (wherever occurring) substitute "offender"; (c) for "DEFENDANT" substitute "OFFENDER". r. 12 -- 5 of 7 -- S.R. No. 160/2009 Sentencing Amendment Regulations 2009 5 16 Hospital security order In Form 7 in the Schedule to the Principal Regulations— (a) for "Defendant" substitute "Offender"; (b) for "defendant" (wherever occurring) substitute "offender"; (c) for "DEFENDANT" substitute "OFFENDER". 17 Intensive correction order In Form 9 in the Schedule to the Principal Regulations— (a) omit "The Magistrates' Court will supervise this order."; (b) for "Defendant" substitute "Offender". 18 Community-based order In Form 11 in the Schedule to the Principal Regulations— (a) omit "The Magistrates' Court will supervise this order."; (b) for "Defendant" substitute "Offender". 19 Application for hearing of a breach of a suspended sentence In Form 13 in the Schedule to the Principal Regulations, for "SENTENCING ORDER" substitute "SENTENCE". ═══════════════ r. 16 -- 6 of 7 -- S.R. No. 160/2009 Sentencing Amendment Regulations 2009 6 ENDNOTES 1 Reg. 4: S.R. No. 21/2002. Reprint No. 1 as at 10 September 2007. Reprinted to S.R. No. 144/2006 and subsequently amended by S.R. No. 66/2009. Endnotes -- 7 of 7 --