Victorian Numbered Acts

SENTENCING AMENDMENT (SENTENCING STANDARDS) ACT 2017 (NO. 34 OF 2017) - SECT 39

After section 6AB of the Sentencing Act 1991 insert —

        " 6ABA     Guideline judgments on application of Attorney-General

    (1)     The Attorney-General may apply to the Court of Appeal for it to give a guideline judgment, or review a guideline judgment previously given by it, if the Attorney-General believes that—

        (a)     a guideline judgment is required to be given or reviewed to address a broad or systemic sentencing issue; and

        (b)     the making of the application is in the public interest.

    (2)     An application is not to be made in respect of any proceeding before any court or with respect to a particular offender.

    (3)     An application may include submissions with respect to the framing of the proposed guideline judgment.

    (4)     The Court of Appeal must state the reasons if it refuses to give or review a guideline judgment on an application under this section.

    (5)     A guideline judgment given or reviewed on an application under this section must be given or reviewed separately from any proceeding before the Court with respect to a particular offender.".