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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Criminal Procedure (Miscellaneous) Amendment
Bill 2018
A BILL FOR
An Act to amend the
Criminal
Procedure Act 1921
.
Contents
Part 2—Amendment of Criminal Procedure
Act 1921
3Amendment of section 62B—Powers of
Magistrates Court on written plea of guilty
4Amendment of section
123—Case statements
5Amendment of section
189B—Costs in pre-committal and committal proceedings
Schedule 1—Transitional
provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Criminal Procedure (Miscellaneous)
Amendment Act 2018.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Criminal Procedure
Act 1921
3—Amendment
of section 62B—Powers of Magistrates Court on written plea of
guilty
Section 62B(5)—delete subsection (5) and substitute:
(5) Nothing in this section prejudices an application by a defendant to
withdraw a plea of guilty at any time prior to the hearing and determination of
the information laid against the defendant, and the Magistrates Court before
whom the defendant appears to answer the information may permit a withdrawal of
the plea on such terms as may be just.
4—Amendment
of section 123—Case statements
(1) Section 123(2)(f)—after "
Evidence
Act 1929
)" insert:
that relies on a particular propensity or disposition of the defendant as
circumstantial evidence of a fact in issue
(2) Section 123(5)—delete ", in the presence of the
defendant,"
5—Amendment
of section 189B—Costs in pre-committal and committal
proceedings
Section 189B—delete "committal proceedings for an indictable offence"
and substitute:
proceedings for an indictable offence under Part 5 Divisions 2 and
3
Schedule 1—Transitional
provision
Section 189B of the
Criminal
Procedure Act 1921
, as in force after the commencement of
section 5
, applies in relation to proceedings whether commenced before or after the
commencement of
section 5
.