Human Rights and Prisons - Rethinking Crime and Punishment
Human Rights and Prisons - Rethinking Crime and Punishment
Human Rights and Prisons - Rethinking Crime and Punishment
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The Sentencing Amendment Act (No 2) 2006 amended the Sentencing Act<br />
with regard to measures for the management of community sentences during<br />
an epidemic.<br />
Sentencing Amendment Act 2007<br />
The Sentencing Amendment Act 2007 established home detention as a<br />
sentence in its own right (rather than a way of serving a term of<br />
imprisonment). It also introduced two new community based sentences:<br />
community detention <strong>and</strong> intensive supervision. An amendment to 93(2B)<br />
excludes residential restrictions from the Special Conditions which can be<br />
imposed on prisoners serving short sentences (12 months or less).<br />
Sentencing Council Act 2007<br />
The Sentencing Council Act 2007 established a Sentencing Council to<br />
develop sentencing guidelines. This Council disb<strong>and</strong>ed following the change<br />
of government in 2008.<br />
Sentencing (Offences Against Children) Amendment Act 2008<br />
The Sentencing (Offences Against Children) Amendment Act 2008 inserted a<br />
new section to the Sentencing Act to provide guidance to the court when<br />
sentencing for offending against children involving violence or neglect. The<br />
new section lists factors to be considered alongside the factors already<br />
provided for in section 9 of the Sentencing Act.<br />
Sentencing Amendment Act 2009<br />
The Sentencing Amendment Act 2009 established a regime for the<br />
confiscation of criminal assets through the civil courts.<br />
Sentencing (Offender Levy) Amendment Act 2009<br />
This Amendment provided that all offenders convicted of an offence must pay<br />
an offender levy of $50. The amount of the levy may be changed by<br />
regulation. The levy is in addition to any other penalty that the criminal courts<br />
may impose, such as imprisonment, community service, a fine, or reparation<br />
to be paid to any victim. The courts are not to consider whether or not the levy<br />
will cause hardship, which is a consideration associated with a sentence<br />
involving reparation, or to consider the levy when taking into account the<br />
financial capacity of the offender in determining the amount of a fine.<br />
If the court imposes on an offender a sentence of reparation or a fine, or both,<br />
the payments received from the offender will be used first to pay the<br />
reparation owed, then the offender levy <strong>and</strong> then the fine.<br />
Sentencing <strong>and</strong> Parole Reform Act 2010<br />
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