crimes-amendment-bail-and-sentencing-act-2006.pdf, p.7
1 Subsection 3(1)
15AB Matters to be considered in certain bail applications
Must consider potential impact on persons and witnesses in proceedings.
15AB(1) Matters to be considered in certain bail applications
Consider potential impact of granting bail on a person living in a remote community.
15AB(2) Matters to be considered in certain bail applications
Remote communities are typically characterized by geographical isolation.
(2) If a person referred to in subparagraph (1)(a)(i) or (ii) is living in, nor otherwise located in, a remote community...
Potential impact of granting bail on a person living in a remote community can be considered.
Duty to consider impact of granting bail on a person living in a remote community.
Defines criminal behaviour in certain bail applications.
15AB(3) Matters to be considered in certain bail applications
Includes conduct, omission, circumstance or result in criminal behaviour.
(a) any conduct, omission to act, circumstance or result that is, or forms part of, a physical element of the offence in question;
Includes fault element relating to such a physical element.
(b) any fault element relating to such a physical element.
15AB(4) Matters to be considered in certain bail applications
2 Subsection 15AA(5) (definition of bail authority)
3 After section 15AA
crimes-amendment-bail-and-sentencing-act-2006.pdf, p.8
4 Paragraph 16A(2)(m)
Prohibits omission of 'cultural background,'.
5 After subsection 16A(2)
Court must not consider customary law or cultural practice as a reason for excusing, justifying, authorising, requiring or lessening the seriousness of criminal behaviour.
5(2A) After subsection 16A(2)
Temporal interval between (2A) and the preceding subsections.
(2A) However, the court must not take into account...
...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;
Recurring trace of court decisions on customary law or cultural practice.
Defines criminal behaviour in subsection (2A)
5(2B) After subsection 16A(2)
Includes temporal interval as part of physical element of the offence
(2B) In subsection (2A): criminal behaviour includes: any conduct, omission to act, circumstance or result that is, or forms part of, a physical element of the offence in question.
Includes conduct, omission, circumstance or result in physical element of the offence
(2B) In subsection (2A): criminal behaviour includes:
Includes fault element relating to such a physical element
(2B) In subsection (2A): criminal behaviour includes: any fault element relating to such a physical element.
Subclass of physical element of the offence in question
crimes-amendment-bail-and-sentencing-act-2006.pdf, p.9
5A Subparagraph 19B(1)(b)(i)
5B After subsection 19B(1)
Court cannot consider customary law or cultural practice as a reason for excusing, justifying, authorizing, requiring, or lessening the seriousness of criminal behavior.
5B(1A) After subsection 19B(1)
Does not affect the seriousness of criminal behavior within this time period.
Overlaps with time period of customary law or cultural practice.
Cannot be considered as a reason for excusing, justifying, authorizing, requiring, or lessening the seriousness of criminal behavior.
Court cannot consider customary law or cultural practice.
Cannot be considered as a reason for aggravating the seriousness of criminal behavior.
Court cannot consider customary law or cultural practice in relation to the offense.
Overlaps with diffusion of customary law or cultural practice.
Overlaps with temporal interval of customary law or cultural practice.
Defines criminal behaviour in subsection (1A)
5B(1B) After subsection 19B(1)
Substitute health-related terms in a provision.
5C Paragraph 23WI(3)(c)
5D Paragraph 23WI(3)(d)
Constable must consider religious beliefs of suspect in forensic procedure
5E At the end of section 23WI
Forensic procedure and religious practice overlap
Forensic procedure overlaps with religious practice
Religious practices often involve forensic procedures
Constable must consider religious beliefs
Mandatory consideration of religious beliefs
Religious beliefs are relevant to forensic procedure
crimes-amendment-bail-and-sentencing-act-2006.pdf, p.10
5F Paragraph 23WO(3)(c)
5G Paragraph 23WO(3)(d)
Senior constable must consider suspect's religious beliefs when determining intrusiveness of forensic procedure.
5H At the end of section 23WO
The consideration of suspect's religious beliefs must occur within the timeframe of the forensic procedure.
Consideration of suspect's religious beliefs must occur within the timeframe of the forensic procedure.
The senior constable must consider the suspect's religious beliefs when determining intrusiveness of the forensic procedure.
The artificial intelligence system assists in considering suspect's religious beliefs.
Artificial intelligence system assists in considering suspect's religious beliefs.
The senior constable must also consider the suspect's religious beliefs.
Senior constable has a duty to consider suspect's religious beliefs.
The senior constable must take into account the intrusiveness of the forensic procedure.
The consideration of suspect's religious beliefs spreads to other relevant parties.
Consideration of suspect's religious beliefs spreads to other relevant parties.
The consideration of suspect's religious beliefs continues until the forensic procedure is completed.
Consideration of suspect's religious beliefs continues until the forensic procedure is completed.
5J Paragraph 23WT(3)(c)
5K Paragraph 23WT(3)(d)
Magistrate must consider suspect's religious beliefs in forensic procedure
5L At the end of section 23WT
Obligation to consider religious beliefs
Magistrate has a duty to consider suspect's religious beliefs
Amendments apply to offences committed before or after commencement.
6 Application of amendments
(1) The amendments made by items 1 to 3 of this Schedule apply, after the commencement of this Act, in relation to offences committed, or alleged to have been committed, before or after that commencement.
Amendments do not apply to offences committed before commencement.
(2) The amendments made by items 4 to 5L of this Schedule do not apply in relation to offences committed before the commencement of this Act.
crimes-amendment-bail-and-sentencing-act-2006.pdf, p.5
1 Short title
crimes-amendment-bail-and-sentencing-act-2006.pdf, p.6
Commences on day after receiving Royal Assent.
2 Commencement
Amendments to Acts specified in a Schedule
3 Schedule(s)
An Act to amend the Crimes Act 1914, and for related purposes
Crimes Amendment (Bail and Sentencing) Act 2006