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Department of Justice

Sentencing Legislation Amendment Bill 2016

The Government is seeking your feedback on the Sentencing Legislation Amendment Bill 2016 (the Bill).

Over the course of the next five years, the Government plans to introduce laws to phase out suspended sentences of imprisonment.

This Bill provides for an extension of the court mandated drug diversion program to the Supreme Court.  It is the first step in the Government’s plan to phase out suspended sentences, while also providing for alternative sentencing options to replace suspended sentences.

The Bill proposes changes to the Sentencing Act 1997 to:

  • allow a judge of the Supreme Court to make a drug treatment order (DTO)
  • allow a Magistrate, other than a Magistrate who found an offender guilty, to make a DTO
  • allow a Court (either the Supreme Court or Magistrates Court) to take into account staffing and resourcing issues when determining whether or not to make a DTO
  • clarify the Court’s power to refuse bail for breaching a condition of a DTO and
  • allow a court to defer an offender’s sentence so that they can participate in a reintegration program.

Download the Sentencing Legislation Amendment Bill 2016 (pdf, 327.3 KB)

Comment period

Please send your comments on the Bill to the Department of Justice by 5pm on Wednesday 31 August 2016.

Email

legislation.development@justice.tas.gov.au

Mail

Department of Justice

Office of Strategic Legislation and Policy

GPO Box 825

Hobart TAS 7001