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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Criminal Law (Sentencing) (Abolition of Suspended
Sentences) Amendment Bill 2007
A BILL FOR
An Act to amend the Criminal Law (Sentencing) Act 1988; and to
make a related amendment to the Correctional Services
Act 1982.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Criminal Law (Sentencing)
Act 1988
4 Amendment of section 10—Matters to which a
sentencing court should have regard
5 Amendment of section
20B—Declaration that person is serious repeat offender
6 Amendment of
section 30—Commencement of sentences and non-parole periods
7 Repeal of
section 38
Part 3—Amendment of Correctional Services
Act 1982
8 Amendment of section 75—Automatic
cancellation of parole upon imprisonment for offence committed while on
parole
Part 4—Transitional provision
9 Transitional
provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Criminal Law (Sentencing) (Abolition of
Suspended Sentences) Amendment Act 2007.
This Act will come into operation 1 month after the day on which it is
assented to by the Governor.
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 10—Matters to which a sentencing court should have
regard
(1) Section 10(1)(m)—after "defendant" insert:
by giving proper effect to the policy stated in subsection (4a)
(2) Section 10—after subsection (4) insert:
(4a) A primary policy of the criminal law is to provide defendants with
the care, correction and guidance necessary for their development into
responsible and useful members of the community.
5—Amendment of
section 20B—Declaration that person is serious repeat
offender
Section 20B(2)(b)(ii)—delete "(other than a suspended
sentence)"
6—Amendment of
section 30—Commencement of sentences and non-parole
periods
Section 30(1)—delete "and does not suspend the sentence"
Section 38—delete the section
Part 3—Amendment
of Correctional Services
Act 1982
8—Amendment of
section 75—Automatic cancellation of parole upon imprisonment for offence
committed while on parole
Section 75(1)(a)—delete "and the sentence is not suspended"
An amendment made by this Act—
(a) applies in relation to a person found guilty of an offence after the
commencement of this Act; and
(b) has no effect on a sentence of imprisonment (including a suspended
sentence) imposed before the commencement of this Act.