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Editors --- "Crimes Amendment (Bail and Sentencing) Act 2006 (Cth) - Digest" [2006] AUIndigLawRpr 77; (2006) 10(4) Australian Indigenous Law Reporter 77

Crimes Amendment (Bail and Sentencing) Act 2006 (Cth)

Act No 171 of 2006

Assented to 12 December 2006

Introduction

The Crimes Amendment (Bail and Sentencing) Act 2006 (Cth). Notably, the Act removes the reference to ‘cultural background’ in relation to Commonwealth offences and limits reference to customary law and cultural practice in relation to certain bail applications.

3 After section 15AA

Insert:

15AB Matters to be considered in certain bail applications

(1) In determining whether to grant bail to a person charged with, or convicted of, an offence against a law of the Commonwealth, or in determining conditions to which bail granted to such a person should be subject, a bail authority:

(a) must take into consideration the potential impact of granting bail on:
(i) any person against whom the offence is, or was, alleged to have been committed; and
(ii) any witness, or potential witness, in proceedings relating to the alleged offence, or offence; and
(b) must not take into consideration any form of customary law or cultural practice as a reason for:
(i) excusing, justifying, authorising, requiring or lessening the seriousness of the alleged criminal behaviour to which the alleged offence relates, or the criminal behaviour to which the offence relates; or
(ii) aggravating the seriousness of the alleged criminal behaviour to which the alleged offence relates, or the criminal behaviour to which the offence relates.

(2) If a person referred to in subparagraph (1)(a)(i) or (ii) is living in, or otherwise located in, a remote community, the bail authority must also take into consideration that fact in considering the potential impact of granting bail on that person.

…

4 Paragraph 16A(2)(m)

Omit “cultural background,”.

…

5 After subsection 16A(2)

Insert:

(2A) However, the court must not take into account under subsection (1) or (2) any form of customary law or cultural practice as a reason for:

(a) excusing, justifying, authorising, requiring or lessening the seriousness of the criminal behaviour to which the offence relates; or
(b) aggravating the seriousness of the criminal behaviour to which the offence relates.

This Act amends the Crimes Act 1914 (Cth). The full text of both the original and amending Acts are available online at <http://www.austlii.edu.au> . The recommendations of the Senate Committee are available at <www.aph.gov.au/Senate/Committee/legcon_cttee>.

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