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SENTENCING (CRIME OF MURDER) AND PAROLE REFORM AMENDMENT BILL 2008

Serial 142
Sentencing (Crime of Murder) and Parole Reform Amendment Bill 2008
Dr Burns

A Bill for an Act to amend the Sentencing (Crime of Murder) and Parole Reform Act

NORTHERN TERRITORY OF AUSTRALIA

SENTENCING (CRIME OF MURDER) AND PAROLE REFORM AMENDMENT ACT 2008

____________________

Act No. [ ] of 2008

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TABLE OF PROVISIONS

NORTHERN TERRITORY OF AUSTRALIA

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Act No. [ ] of 2008

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An Act to amend the Sentencing (Crime of Murder) and Parole Reform Act

[Assented to [ ] 2008]

[Second reading [ ] 2008]

The Legislative Assembly of the Northern Territory enacts as follows:

1 Short title

This Act may be cited as the Sentencing (Crime of Murder) and Parole Reform Amendment Act 2008.

2 Act amended

This Act amends the Sentencing (Crime of Murder) and Parole Reform Act.

3 Amendment of section 19 (DPP may apply for longer or no non-parole period)

(1) Section 19, heading

omit, substitute

Application to extend or exclude non-parole period

(2) Section 19(1)

omit

The Supreme Court may

substitute

Subject to this section, the Supreme Court may

(3) Section 19(3), after "any of the following circumstances"

insert

(the prescribed circumstances of aggravation)

(4) After section 19(5)

insert

(6) The Director of Public Prosecutions:

(a) must make an application under this section in the case of a particular prisoner if of the opinion that one or more of the prescribed circumstances of aggravation can be established; and

(b) may make an application under this section in the case of any other prisoner to whom this Division applies.

(7) If any of the prescribed circumstances of aggravation is established on an application under this section:

(a) the Supreme Court's power to dismiss the application under subsection (1)(b) is excluded; and

(b) the Court must exercise its power under subsection (1)(a) to revoke the non-parole period fixed by section 18; and

(c) the Court must exercise one of the following powers:

(i) fix a non-parole period of 25 years in accordance with subsection (3);

(ii) fix a longer non-parole period in accordance with subsection (4);

(iii) refuse to fix a non-parole period in accordance with subsection (5).

(8) However, if no prescribed circumstance of aggravation is established on an application under this section, the Supreme Court may (as formerly):

(a) dismiss the application under subsection (1)(b); or

(b) exercise its power under subsection (1)(a) to revoke the
non-parole period fixed by section 18 and:

(i) fix a longer non-parole period in accordance with subsection (4); or

(ii) refuse to fix a non-parole period in accordance with subsection (5).

(9) If, before the commencement of this subsection, an application under this section had been dismissed in a case in which a prescribed circumstance of aggravation was, or could have been, established, a further application may be made under this section within 6 months after that commencement.

(10) The further application may be made either by the Director of Public Prosecutions or by the Attorney-General and, if made by the Attorney-General, references in this Division to the Director of Public Prosecutions will, in relation to that application, be read as references to the Attorney-General.

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