Commentary on provisions of Act New section 304F Sections 304C to 304E: statements in open court
Subsections (1) and (2) of new section 304F provide that a court which reduces a person’s sentence under new sections 304C or 304D is required to make a statement in open court confirming this and identifying the sentence it would have passed had that reduction not been given. However, this is subject to subsection (3), which provides that the requirement under subsection (2) and the requirement under section 252 of AFA 2006 (for a sentencing court to give reasons for deciding on the sentence passed), do not apply if the court thinks that it would not be in the public interest to disclose that the sentence has been discounted.
	Where the court thinks that it would not be in the public interest to disclose that the sentence has been discounted, subsection (3) provides that it must instead make a statement in writing to the prosecutor and the defendant containing the same information as it would otherwise have been required to include in a statement in open court under subsection (2).
	Subsections (4) and (5) provide that a court sentencing under new section 304E is not required by section 252 of AFA 2006 to disclose that the sentence imposed replaces a sentence that was discounted under new section 304C or 304D, if it thinks that disclosing this would not be in the public interest.