Criminal Law Amendment Bill 2016
Plain English Summary
Overview
This bill removes the so-called 'gay panic' defence by stopping killers from using an unwanted sexual advance as grounds for reducing murder to manslaughter, except in exceptional cases. It also packages a long list of other criminal law tidy-ups, covering criminal proceeds confiscation, court evidence, juries, Magistrates Court procedure, and sentencing enforcement.
Who it affects
Most directly affects the LGBTI community and anyone involved in homicide trials, but also touches banks, people with property subject to court orders, jurors, child and special witnesses, defendants in minor cases, and public servants who do approved private work.
Ending the 'gay panic' defence
A person who kills can no longer rely on the partial defence of provocation if the killing was triggered by an unwanted sexual advance, unless the circumstances are exceptional. The separate 'most extreme' threshold is also removed from provocation to tidy up the test.
- Unwanted sexual advances (including homosexual advances) cannot reduce murder to manslaughter except in exceptional circumstances
- Courts can consider any history of sexual conduct or violence between the parties when deciding if circumstances are exceptional
- Only applies to offences committed after the Act commences
Tougher treatment of corpses offence
Improperly or indecently interfering with a dead body now carries up to 5 years imprisonment instead of 2, and is classed as a serious violent offence.
- Maximum penalty doubled-plus from 2 to 5 years imprisonment
- Offence added to the serious violent offences schedule
Criminal proceeds confiscation
Breaching a restraining or forfeiture order becomes a strict liability crime, with penalties up to 7 years imprisonment or 2,500 penalty units for banks. Banks can also voluntarily give the Crime and Corruption Commission information about serious drug offender confiscation matters.
- No need to prove intent to defeat a court order (except for attempts)
- Penalties up to 7 years imprisonment or 2,500 penalty units for financial institutions
- Banks can share information with the CCC about serious drug offender confiscation
Evidence and court recording reforms
The Evidence Act is modernised to recognise digital video recordings and allow audio-only playback when video fails. Courts get stronger powers to clear the public while a child or special witness's recording is played. Old court recordings can be destroyed under court practice directions.
- Courts must clear the public when a child's recorded evidence of a sexual offence is played
- An audio 'usable soundtrack' can be played if the video image fails
- DNA analyst no longer has to attend unless the other party gives 5 business days notice
- Chief Justice, Chief Judge and Chief Magistrate can authorise destruction of old recordings
Magistrates Court efficiency
A magistrate can end a minor complaint where police cash bail has been granted, order related complaints heard together, accept admissions of fact in summary trials, take bulk pleas from legally represented defendants, and commit people remanded in custody through the registry.
- Magistrates can end minor complaints where police cash bail was granted
- Related complaints can be joined and heard together
- Legally represented defendants can plead to multiple charges at once
- Registry committals extended to defendants held on remand in custody
Jury modernisation
Notices and summonses to prospective jurors can be sent electronically, and jury selection can be done by computer-generated random draw of jury cards.
- Juror notices and summonses can be sent by email
- Jury selection can be done by a computer programmed to randomly select jury cards
Recognisance enforcement and other changes
Creates a process to return offenders who left court without properly entering into a recognisance, including warrant and resentencing powers. Police cash bail rules are clarified, the DPP gains a delegation power, and public servants can be authorised to do approved private work.
- New warrant and resentencing process for offenders who fail to enter into a recognisance
- Director of Public Prosecutions can delegate functions and powers
- Public servants can take approved private work with written authorisation from the department head
- Police Commissioner can issue pre-sentence custody certificates
Bill Journey
▸Committee30 Nov 2016View Hansard
Referred to Legal Affairs and Community Safety Committee
The Legal Affairs and Community Safety Committee examined the Criminal Law Amendment Bill 2016, receiving nine submissions and holding a public hearing. The committee recommended that the bill be passed. The bill's most significant reform was the abolition of the so-called 'gay panic' defence by excluding unwanted sexual advances from the partial defence of provocation in murder cases.
Key findings (5)
- The bill's primary objective was to prevent the use of an unwanted sexual advance as a basis for the partial defence of provocation, which reduces murder to manslaughter
- Queensland and South Australia were the only remaining Australian jurisdictions that had not abolished or limited the homosexual advance defence
- Stakeholders including the Queensland Law Society, Bar Association of Queensland, and LGBTI Legal Service Inc broadly supported the amendment to section 304 of the Criminal Code
- The bill also made miscellaneous amendments to the Bail Act, Criminal Proceeds Confiscations Act, Evidence Act, Jury Act, and other criminal law legislation
- The department advised it was unaware of any instances where an unwanted sexual advance had been the basis for claiming provocation since 2011
Recommendations (1)
- The committee recommends that the Criminal Law Amendment Bill 2016 be passed.
Committee report tabled
Referenced Entities
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