New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes (Sentencing Procedure) Amendment
(Victim Impact Statements--Mandatory
Consideration) Bill 2014
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Crimes (Sentencing Procedure) Act 1999:
(a) to require courts to receive and consider victim impact statements, and
(b) to provide for the giving of a victim impact statement to assist a court in relation to
sentencing, and
(c) to provide for the giving of a community impact statement where the court has received no
primary victim impact statement or family victim impact statement.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
Schedule 1 Amendment of Crimes (Sentencing Procedure)
Act 1999 No 92
Schedule 1 [2] removes a court's discretion to receive and consider victim impact statements and
instead requires the court to receive and consider different kinds of victim impact statements in
different circumstances.
If the primary victim of an offence has not died as a direct result of the offence the court must
receive and consider a primary victim impact statement. If the primary victim has died as a direct
b2014-019-18.d07
Crimes (Sentencing Procedure) Amendment (Victim Impact Statements--Mandatory Consideration) Bill
2014 [NSW]
Explanatory note
result of the offence the court must receive and consider a family victim impact statement or, if
the court receives no family victim impact statement and no family victim objects, a community
impact statement.
The giving of a victim impact statement remains discretionary and, accordingly, the court is not
required to receive and consider a victim impact statement if none is given.
Schedule 1 [2] also provides for the giving of a victim impact statement by the prosecutor on
behalf of the person who made the statement to assist the court in relation to sentencing the
offender. Schedule 1 [3] repeals provisions inconsistent with, or made redundant by, the
amendments made by Schedule 1 [2]. Schedule 1 [4] and [6] make consequential amendments.
Schedule 1 [1] expands the definition of victim impact statement in the Crimes (Sentencing
Procedure) Act 1999 to include a community impact statement, which is defined as a statement
by or on behalf of the Commissioner of Victims Rights containing particulars of the impact of the
offence, or the impact of offences of the same kind, on people living or working in the location in
which the offence was committed or on the community generally or any particular sections of the
community. Schedule 1 [5] revises terminology.
Page 2
Introduced by Mr J C Robertson, MP First print
New South Wales
Crimes (Sentencing Procedure) Amendment
(Victim Impact Statements--Mandatory
Consideration) Bill 2014
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92 3
b2014-019-18.d07
New South Wales
Crimes (Sentencing Procedure) Amendment
(Victim Impact Statements--Mandatory
Consideration) Bill 2014
No , 2014
A Bill for
An Act to amend the Crimes (Sentencing Procedure) Act 1999 to require courts to receive and
consider victim impact statements.
Crimes (Sentencing Procedure) Amendment (Victim Impact Statements--Mandatory Consideration) Bill
2014 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes (Sentencing Procedure) Amendment (Victim Impact 3
Statements--Mandatory Consideration) Act 2014. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Crimes (Sentencing Procedure) Amendment (Victim Impact Statements--Mandatory Consideration) Bill
2014 [NSW]
Schedule 1 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
Schedule 1 Amendment of Crimes (Sentencing Procedure) 1
Act 1999 No 92 2
[1] Section 26 Definitions 3
Omit the definition of victim impact statement. Insert instead: 4
victim impact statement means: 5
(a) a statement by or on behalf of a primary victim containing particulars of 6
any personal harm suffered by the primary victim as a direct result of 7
the offence (a primary victim impact statement), or 8
(b) a statement by or on behalf of a family victim containing particulars of 9
the impact of the primary victim's death on the members of the primary 10
victim's immediate family (a family victim impact statement), or 11
(c) a statement by or on behalf of the Commissioner of Victims Rights (a 12
community impact statement) containing particulars of the impact of 13
the offence, or the impact of offences of the same kind, on: 14
(i) people living or working in the location in which the offence was 15
committed, or 16
(ii) the community generally or any particular sections of the 17
community. 18
[2] Section 28 Victim impact statements to be received and considered 19
Omit section 28 (1). Insert instead: 20
(1) After the court convicts but before it sentences an offender, the prosecutor may 21
give the court a victim impact statement on behalf of the person who made the 22
statement to assist the court in relation to sentencing the offender. 23
(1A) Subject to this Division, the court must receive and consider: 24
(a) if the primary victim has not died as a direct result of the offence--a 25
primary victim impact statement, or 26
(b) if the primary victim has died as a direct result of the offence--a family 27
victim impact statement, or 28
(c) if the primary victim has died as a direct result of the offence and the 29
court has received no family victim impact statement and no family 30
victim objects--a community impact statement. 31
The court may make any comment on the victim impact statement that the 32
court considers appropriate. 33
[3] Section 28 (3) and (4) 34
Omit the subsections. 35
[4] Section 29 Victim impact statements discretionary 36
Omit "may" from section 29 (2). Insert instead "must". 37
[5] Section 30 Formal requirements for victim impact statements 38
Omit "victim impact statement about the personal harm suffered by the victim" from 39
section 30 (2). 40
Insert instead "primary victim impact statement". 41
Page 3
Crimes (Sentencing Procedure) Amendment (Victim Impact Statements--Mandatory Consideration) Bill
2014 [NSW]
Schedule 1 Amendment of Crimes (Sentencing Procedure) Act 1999 No 92
[6] Section 30 (3) 1
Omit "may receive and consider a victim impact statement only if". 2
Insert instead "must not receive and consider a victim impact statement unless". 3
Page 4
[Index] [Search] [Download] [Related Items] [Help]