False

Call for Submissions

Submissions closed on Thursday, 28 June 2012.

Objective of the Bill

The primary objectives of the Criminal Law Amendment Bill 2012 (the Bill) are to: 

1. Amend the Criminal Code to: 

• increase the non-parole period for multiple murders from 20 to 30 years imprisonment;
• insert a new minimum non-parole period for 25 years imprisonment for the offence of murder where the victim was a police officer and the offender did the act or omission that caused the police officer’s death either: when the police officer was performing their duties and the offender knew or ought reasonably to have known that the victim was a police officer; or because of, or in retaliation for, actions undertaken by the victim, or any other police officer, in the performance of their duty; and
• increase the maximum penalty for the offence of serious assault of a police officer from seven years imprisonment to 14 years imprisonment where the assault: resulted in an injury amounting to bodily harm; involved spitting on, biting or the application of a bodily fluid or faeces to the police officer; or involved the offender being, or pretending to be, armed with a dangerous or offensive weapon or instrument. 

2. Amend the Corrective Services Act 2006 to increase the non-parole period for murder from 15 to 20 years imprisonment. 
3. Amend the Penalties and Sentences Act 1992 to abolish Queensland’s Sentencing Advisory Council.

Amend the Police Powers and Responsibilities Act 2000 to introduce a mandatory minimum penalty of $5,000 and two year licence disqualification for the offence of evading police under section 754.

Other Information

The Criminal Law Amendment Bill 2012 and Explanatory Notes are available from the Office of the Queensland Parliamentary Counsel at www.legislation.qld.gov.au.

The Hansard transcript of the explanatory speech for the Bill can be found at www.parliament.qld.gov.au/documents/tableOffice/HALnks/120620/CrimLawAB.pdf.

Reasons for the Bill

Section 754(2) of the Police Powers and Responsibilities Act 2000 provides the offence of failing to stop a vehicle when the driver has been directed to do so by a police officer (an evade police offence). The rationale behind the creation of the offence was to create an alternative to pursuits and to ensure that a sufficient deterrent exists in light of the move towards a more restrictive police pursuit policy (Explanatory Notes, p. 2).

The Bill includes amendments to repeal Part 12 of the Penalties and Sentences Act 1992 to dissolve the Sentencing Advisory Council (the Council). The Council is an independent statutory body, established in December 2010 with six statutory functions:  

1. to provide its views on the giving or reviewing of guideline judgments prepared by the Court of Appeal;
2. if requested, provide advice to the Attorney-General on sentencing matters;
3. to provide information to the community to enhance knowledge and understanding of matters relating to sentencing;
4. to publish information relating to sentencing;
5. to research and publish information about sentencing; and
6. to seek the community’s views on sentencing matters.

To date, the main focus of the Council’s work has been to provide advice to the Attorney-General on sentencing matters. This function effectively duplicates the law reviewing functions of the Queensland Law Reform Commission (Explanatory Notes, p. 3).

The Bill dissolves the Council to enable a more efficient use of public resources by the rationalisation of law review functions across government (Explanatory Notes, p. 3).

Referral

On 20 June 2012 the Attorney-General and Minister for Justice, Hon Jarrod Bleijie MP, introduced the Criminal Law Amendment Bill 2012 into the Queensland Parliament. Subsequently, Parliament referred the Bill to the Legal Affairs and Community Safety Committee for detailed consideration.

Report

On 6 July 2012, the Committee tabled its Report No. 3, Criminal Law Amendment Bill 2012. A copy of the report is available here or can be accessed at Related Publications.

The Government tabled its response to the Committee's report on 2 August 2012. A copy of the Government Response is available here or can be accessed at Related Publications.

The Criminal Law Amendment Bill 2012 was passed by the Legislative Assembly on 21 August 2012.