Sentencing (Amendment) Regulations 2006

i Sentencing (Amendment) Regulations 2006 S.R. No. 144/2006 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Commencement 1 4. Prescribed persons and classes of persons 2 5. New Part 5 inserted 2 PART 5—BREACH OF A SUSPENDED SENTENCE 2 31. Definitions 2 32. Form of application 2 33. Transfer of proceedings 3 34. Registrar to set date 3 35. Registrar's duties 3 6. New Form 13 inserted 5 Form 13—Application for Hearing of a Breach of a Suspended Sentence 5 ═══════════════ ENDNOTES 7 -- 1 of 8 -- 1 STATUTORY RULES 2006 S.R. No. 144/2006 Sentencing Act 1991 Sentencing (Amendment) Regulations 2006 The Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council makes the following Regulations: Dated: 24 October 2006 Responsible Minister: ROB HULLS Attorney-General RUTH LEACH Clerk of the Executive Council 1. Objective The objective of these Regulations is to prescribe court processes to support the new provisions for breach of a suspended sentence as a consequence of the enactment of the Sentencing (Suspended Sentences) Act 2006. 2. Authorising provision These Regulations are made under section 116 of the Sentencing Act 1991. 3. Commencement These Regulations come into operation on 1 November 2006. -- 2 of 8 -- S.R. No. 144/2006 Sentencing (Amendment) Regulations 2006 2 4. Prescribed persons and classes of persons In the Table to regulation 6 of the Sentencing Regulations 2002 1 , after the item relating to section 31(1), insert— "31(1A) The Director of Public Prosecutions. The informant. Members of staff employed in the Office of Public Prosecutions as legal practitioners or as legal executives. Members of the police force.". 5. New Part 5 inserted After Part 4 of the Sentencing Regulations 2002 insert— 'PART 5—BREACH OF A SUSPENDED SENTENCE 31. Definitions In this Part— "applicant" means a person who makes an application under section 31(1)(a) of the Act; "sentencing court" means a court to which an application made under section 31(1)(a) of the Act is transferred under section 31(1)(d) of the Act. 32. Form of application For the purposes of section 31(1)(a) of the Act, the prescribed form of application is Form 13 in the Schedule. r. 4 -- 3 of 8 -- S.R. No. 144/2006 Sentencing (Amendment) Regulations 2006 3 33. Transfer of proceedings If a proceeding is transferred under section 31(1)(d) of the Act, a registrar of the court in which the application under section 31(1)(a) of the Act was made must send the following documents to the sentencing court— (a) the application made under section 31(1)(a) of the Act; (b) a record of the offence that breaches the suspended sentence. 34. Registrar to set date A registrar of the sentencing court must set a date for the hearing of the application made under section 31(1)(a) of the Act being— (a) a date not less than 28 days from the date that the application was made; or (b) with the consent of the offender, a date earlier than 28 days from the date that the application was made. 35. Registrar's duties (1) A registrar of the sentencing court must ensure that the following documents are served on the offender— (a) a copy of an application made under section 31(1)(a) of the Act; (b) a copy of the record of the offence that breaches the suspended sentence to which the application referred to in paragraph (a) relates. r. 5 -- 4 of 8 -- S.R. No. 144/2006 Sentencing (Amendment) Regulations 2006 4 (2) The documents referred to in sub-regulation (1) must be served on the offender— (a) by delivering them to the offender personally; or (b) by leaving them for the offender at the offender's last, or most usual, place of residence or business with a person who apparently resides or works there and who apparently is not less than 16 years of age; or (c) if the court is satisfied that service as provided in paragraph (a) or (b) cannot reasonably be effected, in any other manner directed by the court. (3) A registrar of the sentencing court must ensure that the applicant and the offender's legal practitioner (if any)— (a) are notified of the date that has been set for the hearing of the application made under section 31(1)(a) of the Act; and (b) are sent the documents referred to in sub-regulation (1). (4) If a legal practitioner has filed an appearance on behalf of the offender, or has given notice in writing to a registrar of the sentencing court that he or she is representing the offender, a registrar of the sentencing court may give notice as required by sub- regulation (3) to that legal practitioner by— (a) leaving the documents at the business address of that practitioner with a person who apparently works there and who apparently is not less than 16 years of age; or r. 5 -- 5 of 8 -- S.R. No. 144/2006 Sentencing (Amendment) Regulations 2006 5 (b) sending the documents by post to that practitioner at the practitioner's business address.'. 6. New Form 13 inserted In the Schedule to the Sentencing Regulations 2002, after Form 12 insert— "__________________ FORM 13 Regulation 32 APPLICATION FOR HEARING OF A BREACH OF A SUSPENDED SENTENCE Court Ref. This application is made by on behalf of in respect of : [the respondent] [date of birth] of ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– SENTENCING ORDER On / / the *Magistrates'/*County/*Supreme Court imposed a sentence of imprisonment on [name] for the following offence(s): The sentence of imprisonment was for and was to be suspended for commencing on / / On / / [name] was found guilty of the following offence(s) punishable by imprisonment: committed on / / This constitutes a breach of the original suspended sentence of imprisonment. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– r. 6 -- 6 of 8 -- S.R. No. 144/2006 Sentencing (Amendment) Regulations 2006 6 APPLICATION This application is made to the Court under section 31(1) of the Sentencing Act 1991 to exercise its powers under section 31(5) of that Act to restore all or part of the sentence held in suspense, or take some other action as authorised by that section. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– NOTICE OF APPLICATION [To be completed by registrar of sentencing court if application is to be transferred under section 31(1)(d) of the Sentencing Act 1991.] The application will be heard on Day Month Year at a.m./p.m. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Details of Applicant Signature of applicant [Contact details: e.g. agency, address, phone number] Details of Offender Offender's personal address for service: Legal practitioner's name and address for service: WARNING TO THE OFFENDER: If a time and place is indicated above and you do not attend Court at the above time and place, a warrant to arrest may be issued against you. * Delete if not applicable". ═══════════════ r. 6 -- 7 of 8 -- S.R. No. 144/2006 Sentencing (Amendment) Regulations 2006 7 ENDNOTES 1 Reg. 4: S.R. No. 21/2002 as amended by S.R. No. 125/2006. Endnotes -- 8 of 8 --