Evidence Amendment Bill 2000 (Qld)

Queensland

EVIDENCE AMENDMENT BILL 2000

EVIDENCE AMENDMENT BILL 2000

TABLE OF PROVISIONS

Section Page 1 Short title 2.0... eee eee 4 2 Commencement ......... 0.00. eee eee 4 3 Act amended .......... 0.0 e eee 4 4 Insertion of news 132C ... 2. eee eee 4

132C Fact finding on sentencing ........... 0... c cece eee eee eee eee 4 5 Insertion of new pt9 2.2.6... cece tee e ene 5

PART 9—TRANSITIONAL PROVISION 136 =' Transitional—Evidence Amendment Act 2000................. 5

A BILL FOR

An Act to amend the Evidence Act 1977

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sl 4 s4 Evidence Amendment

The Parliament of Queensland enacts—

Short title 1. This Act may be cited as the Evidence Amendment Act 2000.

Commencement

2. This Act commences on a day to be fixed by proclamation.

Act amended 3. This Act amends the Evidence Act 1977.

Insertion of new s 132C 4. After section 132B— insert—

'Fact finding on sentencing

"132C.(1) This section applies to any sentencing procedure in a criminal proceeding.

'(2) The sentencing judge or magistrate may act on an allegation of fact that is admitted or not challenged.

"(3) Ifan allegation of fact is not admitted or is challenged, the sentencing judge or magistrate may act on the allegation if the judge or magistrate is satisfied on the balance of probabilities that the allegation is true.

"(4) For subsection (3), the degree of satisfaction required varies according to the consequences, adverse to the person being sentenced, of finding the allegation to be true.

"(5) In this section—

"allegation of fact" includes the following— 11 13 15 172023

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s5 5 s5 Evidence Amendment

(a) information under the Penalties and Sentences Act 1992, section 15;!

(b) information under the Juvenile Justice Act 1992, section 109(3) or in a presentence report under section 110 of that Act;2

(c) information under the Criminal Offence Victims Act 1995, section 14;3