Sentencing Amendment (Assaults on Off-duty Police) Bill 2017 Introduced into Tas Parliament

Friday 20 October 2017 @ 10.52 a.m. | Legal Research

The Tasmanian Minister for Police, Fire and Emergency Management, the Honourable Marinus Theodoor Hidding, has introduced the Sentencing Amendment (Assaults on Off-duty Police) Bill 2017 (the Bill) into the Tasmanian House of Assembly on 17 October 2017. The Bill is currently at first reading stage in the House of Assembly.

The proposed amendments will amend the Sentencing Act 1997 (Tas) (the Act).

Background to the Bill

Currently, laws exist which provide for a minimum six-month jail sentence for assaults on police, but the Government is hoping the new legislation will take it further, with Minister Hidding commenting that “… the legislation sent a strong message that assaults would not be tolerated.”

According to the Bill’s Explanatory Memorandum, the need for stronger laws are needed as intervention by police may arise even when the officer is off-duty and may not be as well-equipped, or be provided with a high level of support, as on-duty officers are. With this situation occurring, there is a need for legislation to be introduced which will provide for the same level of protection from assault for off- and on-duty police officers.

The Proposed Amendment

In 2014 the Tasmanian Government amended the Sentencing Act 1997 by inserting a new s 16A to the Act. The new section provides for a mandatory minimum sentence of imprisonment of six months for persons who commit offences against on-duty police officers that result in serious bodily harm. It is anticipated that the proposed amendments to s 16A will:

“… extend the mandatory sentencing provision to offences committed against off-duty police officers that result in serious bodily harm, but only where the offence was committed against the off-duty police officer solely or partly because the police officer was a police officer.”

Previous Incidents

Recently it was reported that in the north of Tasmania, an incident occurred where an off-duty officer, in a social situation, was for no reason, targeted by a member of the public. Fortunately the officer escaped injury. Many people who have had previous interactions with police may still harbour feelings of malice towards officers, even when the officer is not on-duty.

It is anticipated that with the introduction of the amendments to the principal Act, unprovoked assaults on officers will be dealt with appropriately. Pat Allen, President of the Police Association of Tasmania, has welcomed the introduction of the legislation, commenting:

“No person or their families should be subjected to attacks, physical or otherwise because of a role that they undertake … With all that in mind, it is only fair legislation that applies to a police officer on duty, also applies off duty if they are being targeted because of their position."

The only exception to the new amendment will apply if a defendant can prove to the court that the offence was not motivated by the victim being a police officer.

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Sources:

New penalties planned for assaults on off-duty police officers in Tasmania – abc.net.au

Sentencing Amendment (Assaults on Off-duty Police) Bill 2017 (Tas) - Bill and supporting material available from TimeBase LawOne Service.

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