InBrief

The Crimes (Sentencing Procedure) Amendment (Provisional Sentencing for Children) Act 2013 received assent and commenced on 25 March 2013. The Act allows a court sentencing a person aged under 18 years for murder to impose a sentence of imprisonment on a provisional basis if: the offender was under 16 years of age at the time of the offence, and the court cannot satisfactorily assess the offender’s prospects of rehabilitation or likelihood of re-offending, because it is not clear at the time of the sentence whether the offender has or is likely to develop a serious personality or psychiatric disorder or a serious cognitive impairment.

A provisional sentence must be reviewed at least once every two years after it is imposed to determine whether it is appropriate to impose a final sentence on the offender. A report on the offender’s psychiatric, cognitive and psychological development must be considered as part of each review.

A final sentence must be imposed within five years of the date on which the provisional sentence was imposed, and at least one year before the end of the non-parole period for the provisional sentence.

A final sentence cannot exceed the length of the provisional sentence.

Both provisional sentences and final sentences are subject to appeal under the Criminal Appeal Act 1912. On appeal against a provisional sentence, a court may substitute a new provisional sentence or a final sentence.

The Bill as passed by both houses is available for viewing here.

27 March 2013