Concealment of Location of Victim Remains Bill

Concealment of Location of Victim Remains Bill EXPLANATORY NOTE GENERAL POLICY STATEMENT This Bill is an omnibus Bill introduced under Standing Order 267(1)(a). That Standing Order provides that an omnibus Bill to amend more than 1 Act may be introduced if the amendments deal with an interrelated topic that can be regarded as implementing a single broad policy. This Bill provides that offenders who refuse to disclose the location of a victim’s body may be denied parole. It acknowledges the additional anguish faced by families who do not have a chance to lay their loved ones to rest, because of an offender’s refusal to disclose the location of a victim’s remains. The Bill meets this objective by: amending section 9 of the Sentencing Act 2002 to include the failure of an offender to disclose the location of the body in the list of aggravating factors a sentencing court must take into account; and inserting a new section 28A into the Parole Act 2002 to require the Parole Board, when considering an offender for release on parole, to refuse parole unless the board is satisfied the prisoner has cooperated satisfactorily in the investigation of the offence to identify the victim’s location. CLAUSE BY CLAUSE ANALYSIS Clause 1 is the Title clause. Clause 2 is the commencement clause, and provides for the Bill to come into force on the day after Royal assent. Part 1 amends section 9 of the Sentencing Act 2002 to include, in the list of aggravating factors that a sentencing court must take into account in respect of an offender who has committed homicide, any failure of the offender to reveal, or to co-operate in any efforts to identify, the location of the body or of any remains of the victim. Part 2 amends the Parole Act 2002 to require the Parole Board, when considering an offender for release on parole, to refuse parole unless the Board is satisfied the offender has cooperated satisfactorily (either before or after the offender was sentenced to imprisonment for the offence) in the investigation of the offence to identify the victim’s location. The Parliament of New Zealand enacts as follows: 1 Title This Act is the Concealment of Location of Victim Remains Act 2026 . 2 Commencement This Act comes into force on the day after Royal assent. 3 Principal Act This Part amends the Sentencing Act 2002. 4 Section 9 amended (Aggravating and mitigating factors) After section 9(1)(b), insert: ba any failure or refusal by the offender, having committed homicide as defined in section 158 of the Crimes Act 1961, to reveal, or to co-operate in any efforts to identify, the location of the body or of any remains of the victim: 5 Principal Act This Part amends the Parole Act 2002. 6 Section 28 amended (Direction for release on parole) After section 28(5), insert: 6 This section is subject to section 28A . 7 New section 28A inserted (Restriction on parole if victim’s body or remains have not been located) After section 28, insert: 28A Restriction on parole if victim’s body or remains have not been located 1 This section applies if the offender being considered for release on parole under section 28 has been convicted of an offence involving a homicide (as defined in section 158 of the Crimes Act 1961) and— a the body or remains of the victim of the offence have not been located; or b because of an act or omission of the offender, part of the body or remains of the victim has not been located. 2 The Board must refuse to direct release under section 28 unless the Board is satisfied the offender has cooperated satisfactorily (either before or after the offender was sentenced to imprisonment for the offence) in the investigation of the offence to identify the victim’s location. 3 In considering whether the Board is satisfied that the offender has cooperated satisfactorily under subsection (2) , the Board— a must have regard to— i any information supplied by Police regarding the nature, extent, and usefulness of the offender’s cooperation; and ii any information the Board has about the offender’s capacity to give the cooperation; and iii the transcript of any proceeding against the offender for the offence, including any relevant remarks made by the sentencing court; and b may have regard to any other information the Board considers relevant.