Title: Criminal Law (Sentencing) (Abolition of Suspended Sentences)Amendment Bill 2007
Author: Office of Parliamentary Counsel
Category: parliamentary.copy
Document comments: ha60

House of Assembly—No 60
As laid on the table and read a first time, 27 September 2007

Criminal Law (Sentencing) (Abolition of Suspended Sentences) Amendment Bill 2007

Criminal Law (Sentencing) (Abolition of Suspended Sentences) Amendment Bill 2007
Part 1—Preliminary

Criminal Law (Sentencing) (Abolition of Suspended Sentences) Amendment Bill 2007
Preliminary—Part 1

Criminal Law (Sentencing) (Abolition of Suspended Sentences) Amendment Bill 2007
Part 2—Amendment of Criminal Law (Sentencing) Act 1988

Criminal Law (Sentencing) (Abolition of Suspended Sentences) Amendment Bill 2007
Amendment of Criminal Law (Sentencing) Act 1988—Part 2

Criminal Law (Sentencing) (Abolition of Suspended Sentences) Amendment Bill 2007
Part 3—Amendment of Correctional Services Act 1982

Criminal Law (Sentencing) (Abolition of Suspended Sentences) Amendment Bill 2007
Amendment of Correctional Services Act 1982—Part 3

Criminal Law (Sentencing) (Abolition of Suspended Sentences) Amendment Bill 2007
Part 4—Transitional provision

Criminal Law (Sentencing) (Abolition of Suspended Sentences) Amendment Bill 2007
Transitional provision—Part 4

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:
Part 1—Preliminary
1—Short title
This Act may be cited as the Criminal Law (Sentencing) (Abolition of Suspended Sentences) Amendment Act 2007.
2—Commencement
This Act will come into operation 1 month after the day on which it is assented to by the Governor.
3—Amendment provisions
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"
7—Repeal of section 38
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"

Part 4—Transitional provision
9—Transitional provision
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.

HA GP 066-B: Mr Kris Hanna MP