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Statement of Compatibility with Human Rights Criminal Code Amendment Bill 2018 (Serial 69)



Statement of Compatibility with Human Rights Criminal Code Amendment Bill 2018 (Serial 69)

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Tabled paper 921


Tabled Papers for 13th Assembly 2016 - 2020; Tabled Papers; ParliamentNT




Tabled by Natasha Fyles


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3 imprisonment that is inappropriate, unjust or disproportionate. The mandatory minimum imprisonment terms may not apply if the court considers that there are exceptional circumstances in the case of a particular offender (section 78DI of the Sentencing Act). If the court considers that exceptional circumstances exist, the court must instead sentence the offender only to actual imprisonment. Actual imprisonment means the court has to sentence the offender to imprisonment, but has discretion as to the duration of that imprisonment. The mandatory minimum imprisonment terms which apply to section 189A, by virtue of Division 6A of the Sentencing Act do not ordinarily apply to youths. A court may be required to sentence a youth to actual imprisonment if the youth is being sentenced as an adult under the Sentencing Act, but this occurrence is relatively rare. It is considered that these exceptions will be sufficient to preserve the requisite judicial discretion under international human rights law to take into account the particular circumstances of the offence and the offender. By working in dangerous environments, police officers and emergency workers play an important role on behalf of the broader community. In these circumstances, mandatory sentencing provisions are deemed appropriate to achieving appropriate outcomes, and to effectively protect, punish and deter violence against emergency workers performing professional duties. Section 316(2) of the Criminal Code Article 14(1) of the ICCPR provides that a person charged with a criminal offence has the right to have the charge or proceeding decided by a competent, independent and impartial tribunal after a fair and public hearing.