Sentencing Amendment Bill 2024

• The Sentencing Amendment Bill 2024 amends the mandatory sentencing provisions in the
  Sentencing Act 1995.
• The Bill inserts mandatory sentences that will apply to the sentencing of a person found guilty of the offence of assault worker (section 188A Criminal Code) and expands the mandatory sentences that will apply to the sentencing of a person found guilty of the offence of assault police or emergency worker (section 189A Criminal Code).

Assaults on workers

The court will be required to sentence an offender who causes the victim physical harm and who has prior convictions for violent offending to a term of actual imprisonment (new section 78DAA Sentencing Act).

In the case of first time offenders or where the offender has no prior convictions for violent offences, the court will be required to sentence an offender who causes physical harm to a Community Corrections Order (new section 78DAB Sentencing Act). The Community Corrections Order must include a condition for a community work order where the court is informed by Community Corrections that it is appropriate to do so (section 36 Sentencing Act).  This sentence can be imposed with or without a conviction.

Assaults on police and emergency workers

The Bill also requires courts to sentence an offender who harms police or emergency workers in circumstances involving spitting on a police or emergency worker  to a minimum term of three months actual imprisonment (in relation to a charge against s189A(2)(ab) of the Criminal Code – new subsection 78DA(3A)).

For other offenders who assault police or emergency workers (i.e those not subject to mandatory sentencing under section 78DA(2)-(4) of the Act), the court will be required to impose on an offender who has no prior convictions for violent offences (including a first time offenders) a Community Corrections Order (new section 78DBA). The Community Corrections Order must include a condition for a community work order where it is appropriate to do so (per section 36 of the Act). This sentence can be imposed with or without a conviction.

Prior violent offending for mandatory sentencing

Violent offences are listed in Schedule 2 of the Criminal Code and includes offences substantially corresponding to those listed in that schedule that have been repealed or were committed in other jurisdictions.

Physical harm

For the purposes of the Sentencing Act, physical harm is a physical injury that interferes with a person’s health.

Where can I go if I need further information?

For more information, please visit Criminal Code Amendment Bill 2024 or contact:

Legal Policy
Postal Address: GPO Box 1722, Darwin NT 0801
Ph: 08 8935 7668
Fax: (08) 8935 7662
Email: Policy.AGD@nt.gov.au