Sentencing Restrictions and Prohibitions for Child Sexual Offences
Sentencing Amendment (Sentencing Practices for Child Sexual Offences) Bill 2024
Opposition BillLegislative Council
Legislative Assembly
Assent
Topics
child sexual offences court sentencing criminal penalties sentencing practices suspended sentences
Introduced by: Evan Mulholland MLC (LIB)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
Courts are prohibited from considering historical sentencing practices when sentencing an offender for a child sexual offence unless those practices are still current.
Courts must not impose a sentence for a child sexual offence that exceeds the maximum penalty that was prescribed at the time the offence occurred.
Courts are prohibited from suspending all or part of a sentence of imprisonment for child sexual offences.
Courts are no longer required to have regard to an offender's previous good character or lack of prior convictions under the specific provisions of section 5AA(3) of the Sentencing Act 1991.
These restrictions on historical practices and suspended sentences apply to any offender sentenced after the law changes, regardless of when the offence was committed.