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Sentencing Bill

Second Reading

Adjourned debate on second reading

(Continued from 16 May 2017)

The Hon. J.A. DARLEY ( 16:26 ): The bill repeals the Criminal Law (Sentencing) Act and replaces it with a new regime. Matters that the court must consider when it imposes a sentence have been changed so that the paramount purpose is to protect the safety of the community. I understand there are essentially four sentencing options available to the courts. A custodial sentence can be imposed to imprison the offender, home detention can be imposed whereby the offender serves their sentence at home or in another place determined by the courts, intensive correction orders may be made which stipulate that an offender must undertake some sort of intensive correction or rehabilitation, or the court may impose a community-based sentence.

The bill also provides for special sentencing provisions for serious firearm offenders, repeat adult and youth offenders and offenders who are incapable or unwilling to control their sexual instincts. With all the non-imprisonment options, there is the ability for courts to include conditions that a person must abide by. For example, they may be subject to residential orders to live at a certain address or be required to wear electronic monitoring devices.

These conditions are subject to the court's discretion. However, I have been passionate about reducing the impact of drugs in the community and believe that rehabilitation should be required in all situations that the court thinks are appropriate. As such, I will be moving amendments which will require a person to participate in intervention and rehabilitation programs if the court feels it is appropriate. With that, I support the second reading of the bill.