Bail and Penalties and Sentences Amendment Bill 2007* (Qld)

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Queensland

Bail and Penalties and Sentences Amendment Bill

Queensland

Bail and Penalties and Sentences Amendment Bill 2007

Contents

Part 1 Preliminary

1 Short title 2... eee Part 2 Amendment of Bail Act 1980

2 Act amended in pt2............ 0.0.0.0. 2 cece eee eee 3 Amendment of s 16 (Refusal of bail) ...................02. Part 3 Amendment of Penalties and Sentences Act 1992

4 Act amended in pt3......... 0... cece eee eee

5 Amendment of s 9 (Sentencing guidelines) .................

A Bill

for

An Act to amend the Bail Act 1980 and the Penalties and Sentences Act 1992 to add a relevant consideration to bail and sentencing decisions

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The Parliament of Queensland enacts—

Part 1 Preliminary

Clause 1

Short title

This Act may be cited as the Bail and Penalties and Sentences Amendment Bill 2007.

Part 2 Amendment of Bail Act 1980

Clause 2

Clause 3

Act amended in pt 2 This part amends the Bail Act 1980.

Amendment of s 16 (Refusal of bail) (1) Section 16(2)(c)— omit, insert—

'(c) the history of any previous grants of bail to the defendant, including—

(i) whether the defendant committed, or is alleged to have committed, another offence during a previous grant of bail; and

(ii) whether the defendant failed to appear and surrender into custody in relation to a previous grant of bail;'.

(2) Section 16(3)— omit, insert—

'(3) If the defendant is charged with an offence against an Act (other than this Act) for which the maximum penalty is at

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least 2 years imprisonment or with an offence against this Act—

(a) the court or police officer must refuse to grant bail unless the defendant shows cause why the defendant's detention in custody is not justified; and