Tasmanian Bills Fact Sheets

[Index] [Search] [Download] [Bill] [Help]

CRIMES (MISCELLANEOUS AMENDMENTS) BILL 2016 BILL 24 OF 2016

                                    FACT SHEET

                  Crimes (Miscellaneous Amendments) Bill 2016
The Crimes (Miscellaneous Amendments) Bill makes a number of minor amendments
to the Criminal Code Act 1924, Criminal Justice (Mental Impairment) Act 1999 and
Sentencing Act 1997.

The Bill amends the Criminal Code Act 1924 by:

      removing the requirement that preliminary proceedings in relation to the charge
       of rape be conducted by a magistrate;

      clarifying the circumstances in which a person may be charged with the crime of
       being found prepared for the commission of a crime;

      providing for the Crown to give a closing address in circumstances where an
       accused is unrepresented and has called no witnesses;

      removing the requirement for an accused to be asked by a court official
       whether he or she has anything to say as to why sentence should not be passed
       upon him or her; and

      adding the crimes of carjacking and aggravated carjacking to the list of crimes
       where an arrest can be made without a warrant if a police officer has
       reasonable grounds for believing that a person has committed the crime.

The Bill amends the Criminal Justice (Mental Impairment) Act 1999 by:

      inserting a definition of “controlling authority” to incorporate the definition of
       the term in the Mental Health Act 2013;

      allowing the Court to make an interim order;

      clarifying the findings available after special hearing relating to the circumstances
       where a person is unfit to stand trial;

      enabling the Court to have reference to one report from either the Chief
       Forensic Psychiatrist or a medical practitioner nominated by the Chief Forensic
       Psychiatrist and one report from another expert who need not be a medical
       practitioner;

      clarifying the circumstances in which the Magistrates Court is to refer a matter
       to the Supreme Court for determination where it considers that a forensic
       order should be made;

      providing that a defendant may be taken to an approved hospital and need not
       be transferred to a secure mental health unit unless such transfer is deemed



                                                                                  Page 1 of 2
 
 
       necessary for adequate treatment or protection of the defendant or another
       person;

      providing that the transport and escort provisions of the Mental Health Act
       2013 apply to persons apprehended under a supervision order;

      confirming that treatment orders made under the Criminal Justice (Mental
       Impairment) Act 1999 are deemed to be orders under the Mental Health Act
       2013; and

      inserting enforcement provisions in relation to conditional release orders.

The Bill also amends section 81A of the Sentencing Act 1997 to provide that summary
courts may receive victim impact statements in relation to matters involving family
violence, death and serious injury.




                                                                                Page 2 of 2
 
 

[Index] [Search] [Download] [Bill] [Help]