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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Criminal Law (Sentencing) (Suspended Sentences) Amendment
Bill 2014
A BILL FOR
An Act to amend the Criminal
Law (Sentencing) Act 1988.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Criminal Law
(Sentencing) Act 1988
4Amendment of section 18A—Sentencing
for multiple offences
5Amendment of section 38—Suspension of
imprisonment on defendant entering into bond
6Amendment of section
58—Orders that court may make on breach of bond
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Criminal Law (Sentencing) (Suspended
Sentences) Amendment Act 2014.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Criminal Law (Sentencing)
Act 1988
4—Amendment
of section 18A—Sentencing for multiple offences
Section 18A—after its present contents (now to be designated as
subsection (1)) insert:
(2) However, if any of the offences for which the person is being
sentenced is a prescribed designated offence, subsection (1) does not apply
to the sentencing of the person for that offence (but nothing in this subsection
affects the operation of subsection (1) in respect of the other
offences).
(3) In this section—
prescribed designated offence has the same meaning as in
section 38.
5—Amendment
of section 38—Suspension of imprisonment on defendant entering into
bond
(1) Section 38(2) to (2b)—delete subsections (2)
to (2b) (inclusive) and substitute:
(2) A sentence of
imprisonment may not be suspended under this section if the defendant is being
sentenced—
(a) to a sentence of
imprisonment that is to be served cumulatively on another term of imprisonment,
or concurrently with another term of imprisonment then being served, or about to
be served, by the defendant; or
(b) as an adult to
a period of imprisonment of 2 years or more for a prescribed designated
offence; or
(c) as an adult for
a serious and organised crime offence or specified offence against police;
or
(d) as an adult for
a designated offence and, during the 5 year period immediately preceding
the date on which the relevant offence was committed, a court has suspended a
sentence of imprisonment or period of detention imposed on the defendant for a
designated offence.
(2a) Despite
subsection (2)(a),
if the period of imprisonment to which a defendant is liable under 1 or
more sentences is more than 3 months but less than 1 year, the
sentencing court may, by order—
(a) direct that the defendant serve a specified period (being not less
than 1 month) of the imprisonment in prison; and
(b) suspend the remainder of the sentence on condition that the defendant
enter into a bond of a kind described in subsection (1) that will have
effect on the defendant's release from prison.
(2b) Despite
subsection (2)(b),
if a defendant is being sentenced as an adult to a period of imprisonment of
2 years or more for a prescribed designated offence, the sentencing court
may, by order—
(a) direct that the defendant serve a specified period (being a period not
longer than any non-parole period fixed in respect of the defendant) of the
imprisonment in prison; and
(b) suspend the remainder of the sentence on condition that the defendant
enter into a bond of a kind described in subsection (1) that will have
effect on the defendant's release from prison.
(2) Section 38(2ba)—delete "subsection (2b)" and
substitute:
subsection (2)(c) and (d)
(3) Section 38(2ba)—delete "subsection (2b)(b)" wherever
occurring and substitute in each case:
subsection (2)(d)
(4) Section 38(4)—after the definition of designated
offence insert:
prescribed designated offence means an offence under
section 13 or 23 of the
Criminal
Law Consolidation Act 1935;
6—Amendment
of section 58—Orders that court may make on breach of
bond
(1) Section 58(4)—after paragraph (b) insert:
(baa) may, in the case of a probationer whose sentence of imprisonment was
partially suspended under section 38(2b) and even if the term of the
sentence now to be served in custody is less than 1 year, fix or extend a
non-parole period taking into account the time spent in custody by the
probationer before being released on the bond;
(2) Section 58(4)(c)—delete paragraph (c) and
substitute:
(c) may direct that—
(i) in the case of a sentence partially suspended under
section 38(2a) or (2b)—any part of the sentence that the
probationer has not served in custody; or
(ii) in any other case—the suspended sentence,
be cumulative on any other sentence, or sentences, of imprisonment then
being served, or to be served, by the probationer.