Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012 No. 49 of 2012 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 PART 2—AMENDMENT OF CRIMINAL PROCEDURE ACT 2009 3 3 Rules with respect to statements 3 4 Sentence indication 3 5 Application for sentence indication 4 PART 3—AMENDMENT OF SENTENCING ACT 1991 5 6 New section 86AA inserted 5 86AA Court to ask if application for compensation order will be made 5 7 Compensation order 5 8 New section 146 inserted 7 146 Transitional provision—Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012 7 PART 4—REPEAL 9 9 Repeal of amending Act 9 ═══════════════ ENDNOTES 10 -- 1 of 11 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012 † No. 49 of 2012 [Assented to 4 September 2012] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The purposes of this Act are— (a) to amend the Criminal Procedure Act 2009 to provide that a court may refuse to give a sentence indication in relation to a person accused of an offence if the court considers there is insufficient information before it of Victoria -- 2 of 11 -- Part 1—Preliminary Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012 No. 49 of 2012 2 Authorised by the Chief Parliamentary Counsel the impact of the offence on any victim of the offence; and (b) to amend the Sentencing Act 1991 to encourage and facilitate the making of compensation orders by a criminal court in respect of the loss or destruction of, or damage to, property as a result of a criminal offence in clear and simple cases by— (i) permitting additional evidence of the loss or damage to be given to the court in deciding whether or not to make a compensation order or determining the quantum of compensation; and (ii) requiring the court to ask whether an application for a compensation order will be made; and (iii) permitting the court to make a compensation order on its own motion. 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 31 January 2013, it comes into operation on that day. __________________ s. 2 -- 3 of 11 -- Part 2—Amendment of Criminal Procedure Act 2009 Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012 No. 49 of 2012 3 Authorised by the Chief Parliamentary Counsel PART 2—AMENDMENT OF CRIMINAL PROCEDURE ACT 2009 3 Rules with respect to statements In section 47(1) of the Criminal Procedure Act 2009 for "subsection (5)" substitute "subsection (3)". 4 Sentence indication At the end of section 60 of the Criminal Procedure Act 2009 insert— "(2) Without limiting its discretion under subsection (1), the Magistrates' Court may decide not to give a sentence indication under subsection (1) if the Magistrates' Court considers there is insufficient information before it of the impact of the offence on any victim of the offence. Note Under section 5(2)(daa) of the Sentencing Act 1991, in sentencing an offender a court must have regard to the impact of the offence on any victim of the offence.". s. 3 See: Act No. 7/2009. Reprint No. 2 as at 18 March 2012 and amending Act Nos 65/2010, 20/2012 and 26/2012. LawToday: www. legislation. vic.gov.au -- 4 of 11 -- Part 2—Amendment of Criminal Procedure Act 2009 Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012 No. 49 of 2012 4 Authorised by the Chief Parliamentary Counsel 5 Application for sentence indication After section 208(4) of the Criminal Procedure Act 2009 insert— "(5) Without limiting subsection (4), the court may refuse to give a sentence indication under section 207 if the court considers there is insufficient information before it of the impact of the offence on any victim of the offence. Note Under section 5(2)(daa) of the Sentencing Act 1991, in sentencing an offender a court must have regard to the impact of the offence on any victim of the offence.". __________________ s. 5 -- 5 of 11 -- Part 3—Amendment of Sentencing Act 1991 Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012 No. 49 of 2012 5 Authorised by the Chief Parliamentary Counsel PART 3—AMENDMENT OF SENTENCING ACT 1991 6 New section 86AA inserted After the heading to Subdivision (2) of Division 2 of Part 4 of the Sentencing Act 1991 insert— "86AA Court to ask if application for compensation order will be made (1) If a court finds a person guilty of, or convicts a person of, an offence and evidence is presented in a proceeding for the offence that loss or destruction of, or damage to, property has occurred as a result of the offence, the court must ask the prosecution whether an application will be made for a compensation order under section 86 in respect of the loss, destruction or damage. (2) To avoid doubt, a person is not prevented from making an application for a compensation order under section 86 merely because the court has not taken the action referred to in subsection (1).". 7 Compensation order (1) For section 86(1) of the Sentencing Act 1991 substitute— "(1) If a court finds a person guilty of, or convicts a person of, an offence it may order the offender to pay to a person who has suffered loss or destruction of, or damage to, property as a result of the offence any compensation (not exceeding the value of the property lost, destroyed or damaged) that the court thinks fit. s. 6 See: Act No. 49/1991. Reprint No. 13 as at 17 February 2012 and amending Act Nos 65/2011 and 26/2012. LawToday: www. legislation. vic.gov.au -- 6 of 11 -- Part 3—Amendment of Sentencing Act 1991 Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012 No. 49 of 2012 6 Authorised by the Chief Parliamentary Counsel (1A) An order under subsection (1) may be made— (a) on the application of a person suffering loss or destruction of, or damage to, property as a result of the offence; or (b) subject to subsection (1B)—on the court's own motion. (1B) A court may only make an order under subsection (1) on its own motion if— (a) the person in whose favour the order is to be made does not oppose the order being made; and (b) the court has given the offender the opportunity to be heard in respect of the order.". (2) In section 86(5) of the Sentencing Act 1991— (a) for "order under subsection (1)" substitute "application under subsection (1A)(a)"; (b) in paragraph (a) for "may be made on an application" substitute "must be"; (c) in paragraph (b)— (i) omit "in favour of a person on an application made"; (ii) in subparagraph (i) for "that person" substitute "the person seeking compensation". (3) In section 86(7) of the Sentencing Act 1991 for "On an application under this section" substitute "In determining whether or not an order under subsection (1) should be made and, if so, the amount payable under the order". s. 7 -- 7 of 11 -- Part 3—Amendment of Sentencing Act 1991 Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012 No. 49 of 2012 7 Authorised by the Chief Parliamentary Counsel (4) In section 86(9) of the Sentencing Act 1991— (a) in paragraph (d) for "sentence." substitute "sentence; or"; (b) after paragraph (d) insert— "(e) any other documentary evidence acceptable to the court of— (i) loss or destruction of, or damage to, property suffered by a person as a result of the offence; or (ii) the amount of the loss suffered or the expense incurred as a result of that destruction or damage.". 8 New section 146 inserted At the end of Part 12 of the Sentencing Act 1991 insert— "146 Transitional provision—Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012 (1) Section 86AA applies in relation to an offence for which the hearing of the charge commenced on or after the commencement of section 6 of the Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012 irrespective of when the offence was committed or the proceeding for the offence commenced. (2) Section 86 as amended by section 7 of the Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012 applies in relation to an offence for which the hearing of the charge commenced on or after the commencement of section 7 of that Act irrespective of when the offence was s. 8 -- 8 of 11 -- Part 3—Amendment of Sentencing Act 1991 Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012 No. 49 of 2012 8 Authorised by the Chief Parliamentary Counsel committed or the proceeding for the offence commenced.". __________________ s. 8 -- 9 of 11 -- Part 4—Repeal Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012 No. 49 of 2012 9 Authorised by the Chief Parliamentary Counsel PART 4—REPEAL 9 Repeal of amending Act This Act is repealed on 31 January 2014. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ s. 9 -- 10 of 11 -- Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012 No. 49 of 2012 10 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 21 June 2012 Legislative Council: 16 August 2012 The long title for the Bill for this Act was "A Bill for an Act to amend the Criminal Procedure Act 2009 and the Sentencing Act 1991 and for other purposes." Endnotes -- 11 of 11 --