Criminal justice laws could be amended to strengthen sentencing of family violence offenders, keep vulnerable people safe, and support police in the field, under legislation tabled by ACT Attorney-General Shane Rattenbury this week.
The Crimes Legislation Amendment Bill, tabled on Thursday, makes five amendments to the Crimes (Sentencing) Act 2005.
Courts must consider family violence as a separate factor in sentencing for a family violence offence, Mr Rattenbury said.
Last year, the ACT Court of Appeal declined to resentence a man (R v UG) convicted of serious offences against his partner and young children, arguing that, without a statutory provision, there was no place for a separate sentencing regime for family violence offenders.
Under Mr Rattenbury’s amendments, courts would have to consider whether the offence occurred at the home of the victim, the offender or another person; whether the offending occurred when a child was present; and if the offence was a serious family violence offence – whether the offender has any previous convictions for serious family violence offences.
“The community rightly expects courts to hold perpetrators of family violence to account in sentencing,” Mr Rattenbury said earlier this week.
“I want to ensure courts have the appropriate tools to sentence offenders, prevent family violence, and ultimately protect the community.”
Later this year, the ACT Government will consider a scheme of aggravation for family violence offences. Mr Rattenbury noted it would represent a material change to how sentencing law operated in the ACT, and could have resourcing implications for justice agencies and raise human rights issues.
Mr Rattenbury noted that Liberal leader Elizabeth Lee also drafted legislation to ensure tougher sentences for people convicted of domestic or family violence. (See our earlier story.) He said he would work with Ms Lee and other Members on this issue.
To strengthen protection for children, possession of a child-like sex doll can result in an offender being put on the child sex offender register, under the Crimes (Child Sex Offenders) Act 2005. This would reduce the risk of an offender progressing to indecent or sexual assault, Mr Rattenbury said.
Other amendments make criminal investigations and law enforcement more effective, transparent, and fairer.
One sets out how police officers can use body-worn cameras. ACT police have used them since 2019, but amendments to the Crimes (Surveillance Devices) Act 2010 and the Listening Devices Act 1992 will make provisions for their use clearer. Their use must, for instance, be overt, except where doing so would endanger someone.
Another amendment automatically cancels any non-parole period where an appeal court sets aside or amends a prison sentence.
The Terrorism (Extraordinary Temporary Powers) Act 2006 has been extended for 12 months, from its current end date of 19 November 2021 to 19 November 2022. Mr Rattenbury said this would “allow further consideration of opportunities for change to further enhance the right to personal liberty, while still ensuring the legislation supports the safety and security of the community.”
Another amendment changes the review period for correctional facilities from every two years to every three years, in line with other jurisdictions. (The Inspector of Correctional Services can conduct reviews more frequently.) This amendment to the Inspector of Correctional Services Act 2017 would better support responses to and implementation of the Inspector’s recommendations, Mr Rattenbury said.
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