Page 714 - Week 02 - Thursday, 12 February 2009
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Schedule 1 of the Children and Young People Act 2008 provides for modern criminal justice laws that apply to children and young people that focus on rehabilitation, flexibility and consistency in sentencing. Many of these amendments are due to commence on 27 February 2009, including amendments to the Crimes (Sentencing Administration) Act 2005 to introduce a new chapter that sets out particular provisions dealing with the administration of sentences imposed on young offenders.
This bill makes a number of small and technical amendments to the Crimes (Sentencing Administration) Act 2005 to ensure that the act is consistent with the Children and Young People Act 2008.
The Crimes (Sentencing) Act 2005: schedule 1 of the Children and Young People Act 2008 also amends the Crimes (Sentencing) Act 2005 by inserting a new chapter setting out a sentencing methodology that specifically deals with courts’ sentencing decisions that apply to children and young people. This includes specific dispositions relevant to children and young people, such as education and training conditions, accommodation orders and supervision conditions.
The amendments that the bill makes to the Crimes (Sentencing) Act 2005 are also minor and technical, and ensure that the provisions of the act that relate to children and young people are consistent with those set out in the Children and Young People Act 2008.
The Domestic Violence and Protection Orders Act 2008: the Domestic Violence and Protection Orders Act 2008 was passed by the Assembly last year to introduce new laws to improve domestic violence and protection orders. The intention of the act was to broaden the scope of intimate relationships covered by the law and increase protection for children exposed to domestic violence.
However, during consultation with relevant stakeholders to implement the act, it became apparent that there was some confusion as to who was actually covered by the definition of “relevant person”. This bill amends the definition to ensure that there is clarity in the community as to who is covered by this very important act.
The bill also amends the Evidence (Miscellaneous Provisions) Act 1991. This act was passed by the Legislative Assembly last year, and introduces special measures for victims of sexual assault and goes further to include victims of violent offences, making it less stressful and traumatic for them to give their evidence in court proceedings. It also delivers similar measures to other vulnerable people where the interests of justice require it. The main purpose of this act is to minimise the potential re-victimisation that can be experienced by victims of sexual and violent offences when they interact with the criminal justice system.
My department has been working closely with key stakeholders to implement the act and a number of concerns relating to the practical operation of provisions in the act have been raised during this process. Consequently, a number of amendments to the Evidence (Miscellaneous Provisions) Act 1991 are necessary to ensure that the amendments made to the act by the Sexual and Violent Offences Legislation Amendment Act 2008 will operate as intended. The amendments are designed to
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