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CRIMINAL PROCEEDINGS LEGISLATION AMENDMENT BILL 2011

2011

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Criminal Proceedings Legislation Amendment Bill 2011

Contents

Page

Part 1.1 Court Procedures Rules 2006 10

2011

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Attorney-General)

Criminal Proceedings Legislation Amendment Bill 2011

A Bill for

An Act to amend legislation about criminal proceedings, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1 Preliminary

1 Name of Act

This Act is the Criminal Proceedings Legislation Amendment Act 2011.

2 Commencement

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3 Legislation amended

This Act amends the following legislation:

• Crimes Act 1900

• Supreme Court Act 1933.

Note This Act also amends other legislation (see sch 1).

Part 2 Crimes Act 1900

4 Act of indecency without consent

Section 60 (1)

omit

5 years

substitute

7 years

5 Section 60 (2)

omit

7 years

substitute

9 years

6 Possessing child pornography

Section 65 (1), penalty

substitute

Maximum penalty: 700 penalty units, imprisonment for 7 years or both.

7 Using the internet etc to deprave young people

Section 66 (1), penalty, paragraph (a)

omit

5 years

substitute

7 years

8 Section 66 (2), penalty

substitute

Maximum penalty: 700 penalty units, imprisonment for 7 years or both.

9 Section 66 (6), definition of pornographic material

substitute

pornographic material means—

(a) material of a sexual nature that has been, or is likely to be, classified R 18+, RC, category 1 restricted or category 2 restricted; or

(b) material that has been, or is likely to be, classified X 18+.

Part 3 Supreme Court Act 1933

10 Section 68B

substitute

68B Trial by judge alone in certain criminal proceedings

(1) A criminal proceeding against an accused person for an offence other than an excluded offence must be tried by a judge alone if—

(a) the person elects in writing to be tried by a judge alone; and

(b) the person produces a certificate signed by a legal practitioner stating that—

(i) the legal practitioner has advised the person in relation to the election; and

(ii) the person has made the election freely; and

(c) the election and certificate are filed in the court before—

(i) the court first allocates a date for the person’s trial; and

(ii) the person, or the person’s legal representative, knows the trial judge’s identity; and

(d) if there is more than 1 accused person in the proceeding—

(i) each other accused person also elects to be tried by a judge alone; and

(ii) each other accused person’s election is made in relation to all offences for which that person is to be tried in the proceeding; and

(iii) none of the offences for which any other accused person is to be tried is an excluded offence.

(2) An accused person who elects to be tried by a judge alone may, at any time before the person is arraigned, elect to be tried by a jury.

(3) If an accused person makes and then withdraws an election, the person may not make another election.

(4) In this section:

excluded offence means an offence against a provision mentioned in an item in schedule 2 (Trial by judge alone—excluded offences), part 2.2, column 3 of an Act mentioned in the item, column 2.

11 Definitions—pt 8A

Section 69A, definitions of ACT court and corresponding court

omit

schedule 2

substitute

schedule 3

12 Section 69H

substitute

69H Amendment of sch 3

A regulation may amend schedule 3.

13 New schedule 2

insert

Schedule 2 Trial by judge alone—excluded offences

(see s 68B (4))

Part 2.1 Definitions—sch 2

2.1 Definitions—sch 2

In this schedule:

Crimes Act means the Crimes Act 1900.

Prostitution Act means the Prostitution Act 1992.

Radiation Act means the Radiation Protection Act 2006.

Note A reference to an offence against an ACT law includes a reference to an offence against the Criminal Code, pt 2.4 (Extensions of criminal responsibility) and s 717 (Accessory after the fact) that relates to the ACT law (see Legislation Act, s 189).

Part 2.2 Excluded offences

14 Schedule 2 heading

substitute

Schedule 3 ACT and corresponding courts

Schedule 1 Consequential amendment

(see s 3)

Part 1.1 Court Procedures Rules 2006

[1.1] Rule 4733 (b), note 1

substitute

Note 1 See the Supreme Court Act 1933, s 68B (Trial by judge alone in certain criminal proceedings).

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 2011.

2 Notification

Notified under the Legislation Act on 2011.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2011

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