Sentencing Amendment (Dangerous Criminals and High Risk Offenders) Bill 2020

The Tasmanian Government is committed to ensuring that public consultation processes are open and transparent and we are seeking your input on proposed amendments to the Sentencing Act 1997.

The draft Sentencing Amendment (Dangerous Criminals and High Risk Offenders) Bill 2020 (PDF, 1.2 MB) will replace the current dangerous criminal declaration provisions in the Act with new provisions to implement several reforms including:

  • Providing for another judge, other than the sentencing or convicting judge, to hear an application for a dangerous criminal declaration;
  • Requiring the Court to be satisfied to a high degree of probability that the offender is a serious danger to the community before making a dangerous criminal declaration;
  • Providing a list of mandatory factors that the Court must take into account when considering whether to make a dangerous criminal declaration;
  • Providing that the prosecution bears the onus of proof in applications for dangerous criminal declarations;
  • Providing for mandatory periodic reviews of dangerous criminal declarations initiated by the Director of Public Prosecutions, and reviews initiated by the offender where the Court grants leave on the grounds that exceptional circumstances apply; and
  • Providing a power for the Court to make pre-release orders, setting out requirements that apply to an offender before the Court makes a decision on whether to discharge a dangerous criminal declaration.

The Bill also establishes a new, second tier scheme that permits post-sentence supervision of serious sex and violence offenders in the community through the making of High Risk Offender (HRO) orders. The proposed new provisions will:

  • Provide that the safety of the community must be the paramount consideration of the Court in determining whether to make a HRO order;
  • Provide powers for the Court to impose a wide range of conditions that relate to an offender who is subject to a HRO order;
  • Provide that a HRO order may be for a term of up to 5 years, with the Director of Public Prosecutions able to apply for subsequent HRO orders to continue the period of supervision for an offender if required; and
  • Provide penalties for breaching a HRO order, along with relevant powers of arrest and detention.

How to make a submission

We must receive all written submissions on the draft Sentencing Amendment (Dangerous Criminals and High Risk Offenders) Bill 2020 by COB on Friday 14 February 2020.

You can make your submission either online, by email or by post.

Submit online

your can upload only docx, doc or pdf and not larger than 10 MB

Important: By submitting your file, you agree to publish it on this website.

Email

Email your submission to haveyoursay@justice.tas.gov.au

Post

Mail your submission to

Department of Justice
Office of the Secretary
GPO Box 825
Hobart TAS 7001

Publishing submissions

Other than indicated below, submissions will be treated as public information and will be published on the Department of Justice website.

Submissions will be published after the Government has considered them.

No personal information other than an individual’s name or the organisation making a submission will be published.

Accessibility of submissions

The Government recognises that not all individuals or groups are equally placed to access and understand information. We are therefore committed to ensuring Government information is accessible and easily understood by people with diverse communication needs.

Where possible, please consider typing your submission in plain English and providing it in a format such as Microsoft Word or equivalent.

The Government cannot however take responsibility for the accessibility of documents provided by third parties.

Important information to note

  1. Your name (or the name of the organisation) will be published unless you request otherwise.
  2. In the absence of a clear indication that a submission is intended to be treated as confidential (or parts of the submission), the Department will treat the submission as public.
  3. If you would like your submission treated as confidential, whether in whole or in part, please indicate this in writing at the time of making your submission clearly identifying the parts of your submission you want to remain confidential and the reasons why. In this case, your submission will not be published to the extent of that request.
  4. Copyright in submissions remains with the author(s), not with the Tasmanian Government.
  5. The Department will not publish, in whole or in part, submissions containing defamatory or offensive material. If your submission includes information that could enable the identification of other individuals then either all or parts of the submission will not be published.

Information provided to the Government may be provided to an applicant under the provisions of the Right to Information Act 2009 (RTI). If you have indicated that you wish all or part of your submission to be treated as confidential, your statement detailing the reasons may be taken into account in determining whether or not to release the information in the event of an RTI application for assessed disclosure. You may also be contacted to provide any further comment.