Victoria Legal Aid have been reviewing their grants procedure recently. We wrote about some changes back here.From tomorrow, people charged in the Magistrates’ Court with traffic offences under the Road Safety Act 1986 will only be eligible for a grant of legal assistance if they have a psychiatric or intellectual disability or an acquired brain …
Tag: iots
Aggravated burglary
Aggravated burglary is capable of being dealt with summarily (provided the accused consents to jurisdiction) because of Schedule 2 of the Criminal Procedure Act 2009.If it wasn't specifically included at clause 4 the offence wouldn't be triable summarily, because the 25 year maximum sentence far exceeds the limit allowed the Magistrates' Court of Victoria by …
(Some) suspended sentences to go
Some of the Sentencing Amendment Act 2010 (discussed last year here) commences operation on 1 May 2011 (see Special Gazette, S125, 19 Apr 2011), namely:Section 3 (definitions) — except paragraphs (b) – (e) which repeal CSO, ICO and CCTO as part of the introduction of the proposed intensive correction management orderSection 12 (suspended sentences)Section 27 (transitional provisions inserted …
Common law offences triable summarily
Section 28 of the Criminal Procedure Act 2009 provides that common law offences punishable by not more than 10 years imprisonment or referred to in Schedule 2 may be heard summarily (as long as the requirements of s 29 are satisfied). Penalties for common law offences are set out in s 320 of the Crimes …
Legislation Watch: Sentencing Further Amendment Bill 2010
The new state government introduced legislation during the final sitting of Parliament last year to satisfy some pre-election commitments. The three bills introduced were,Education and Training Reform Amendment (School Safety) Bill 2010 (Explanatory Memorandum here, Statement of Compatibility here, Second Reading speech here.)Police Regulation Amendment (Protective Services Officers) Bill 2010. (Explanatory Memorandum here, Statement of …
Continue reading Legislation Watch: Sentencing Further Amendment Bill 2010