Amendment 3 to the Offences and Sentencing Act

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Amendment 3 to the Offences and Sentencing Act
Amendment 2
CitationPAa-3 to A-24
Considered byOpen Parliament
Legislative history
Introduced on30 June 2019
Introduced byRamelia
Voting began15 August 2019
Required majoritySimple majority
Status: Pending

This Act Amendment makes improvements to the Act, including permitting prosecutors to seek conviction at a lower level of offence than is statutorily listed.

Section 1. Prosecution for Lesser Class of Offence

A section entitled "Prosecution for lesser class of offense" shall be appended to Article 2 of the Offences and Sentencing Act, to read as follows:

The officer prosecuting a state or states shall have the discretion to, in the relevant indictment or in subsequent statements prior to voting on conviction, notify the Court that it seeks conviction for a lower class of offense than is statutorily set.

Section 2. Prosecution for Most Relevant Offense

Article 1, Section 4 shall be amended to read as follows:

In the event of a conflict of a definition of an offence or its associated maximum penalty in this Act and another Act of Parliament, the one most recently enacted shall prevail, unless it would result in an ex post facto application. Provided, if the definition of an offence in less recently enacted legislation is more relevant to a particular prosecution, prosecutors may seek conviction under that less recently enacted definition with leave of the Court, but shall prosecute for at maximum the offence class in the most recent legislation.

Section 3. Fairness of Cabinet-created Offenses

Article 1, Section 5 shall be amended to read as follows:

No executive order may alter the definition of offenses or maximum penalties established by Act of Parliament, and an executive order may only create a new offense with an associated maximum penalty of class 1 for Member States, or up to class 3 for non-Member States. The Cabinet may only create such an offense if it determines it be necessary for the security of the region, unless otherwise provided for by law. However, an offense created by the Cabinet may have associated coercive and remedial provisions, if appropriate.
Clause 1. Any state convicted of an offense created by the Cabinet shall have such conviction expunged upon expiry of the executive order creating the offense, unless the Open Parliament explicitly authorizes the continued existence of that offense with an Act of Parliament.

Section 4. Indeterminate Sentencing

Article 2, Section 5 shall be amended to read as follows:

The Court may sentence States conditionally, with sentences ended early at the discretion of the Court with good behavior or upon satisfying other reasonable conditions. Provided, the use of language in the original sentence suggesting that that sentence was not dependent upon the sentenced state's behavior shall not preclude the Court from ending a sentence early for good behavior.

Section 5. Typo Corrections

Clause 1. In the schedule provided for in Article 2, Section 1, the text of the seventh column in the first row shall be amended to read as follows:
Ban on writing messages on the Regional Message Board
Clause 2. Article 3, Section 5 shall be amended to read as follows:
No class 1 to 5 offence related to fraud upon the Court of Justice by officers of the Court or a prosecutor of the Social Liberal Union in the course of their official duties shall be subject to any statute of limitation.