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TASMANIA
__________
CRIMINAL CODE AMENDMENT (APPEALS)
BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Schedule 1 amended (Criminal Code)
5. Justices Act 1959 amended
6. Sentencing Act 1997 amended
[Bill 82]-VI
2
CRIMINAL CODE AMENDMENT (APPEALS)
BILL 2003
(Brought in by the Minister for Justice and Industrial
Relations, the Honourable Judith Louise Jackson)
A BILL FOR
An Act to amend the Criminal Code Act 1924, the
Justices Act 1959 and the Sentencing Act 1997
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Criminal Code
Amendment (Appeals) Act 2003.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Criminal Code Act 1924* is referred to
as the Principal Act.
*No. 69 of 1924
[Bill 82] 3
s. 4 No. Criminal Code Amendment (Appeals) 2003
Schedule 1 amended (Criminal Code)
4. Schedule 1 to the Principal Act is amended as follows:
(a) by inserting the following subsection after
subsection (6) in section 402:
(7) The Court may dismiss an appeal at
any time, either on its own motion or on the
application of either party to the appeal, if it is
satisfied that -
(a) the appellant has failed to take all
reasonable steps to prosecute the
appeal; and
(b) it is necessary or expedient in the
interests of justice to do so.
(b) by omitting subsection (3) from section 407
and substituting the following subsections:
(3) An appeal by the Attorney-General
under section 401(2)(a), (b), (d) or (e) is to be
brought by the Attorney-General -
(a) notifying his or her intention to
appeal at any time during the trial
or immediately after the verdict in
the presence of the accused or his
or her counsel and, within 7 days
after the conclusion of the trial,
giving notice of appeal or of
application for leave to appeal in
the manner prescribed; or
(b) giving notice of appeal or of
application for leave to appeal in
the manner prescribed within 7
4
2003 Criminal Code Amendment (Appeals) No. s. 4
days after the conclusion of the
trial.
(3A) An appeal by the Attorney-General
under section 401(2)(c) is to be brought by the
Attorney-General giving notice of appeal in
the manner prescribed at any time within 14
days after sentence.
(c) by omitting from section 407(4) "as mentioned
in subsection (3) hereof" and substituting "or
notice as mentioned in subsection (3) or (3A)";
(d) by inserting the following subsections after
subsection (4) in section 407:
(4A) If the Attorney-General has not
notified his or her intention to appeal or given
a notice of appeal or a notice of application for
leave to appeal under subsection (3), then, if
the relevant time has not expired, the
Attorney-General may apply to the Court for
an order requiring the accused to enter into a
recognisance, with or without sureties, to
appear before the Court at a specified time
and place.
(4B) The Court must not make an order
under subsection (4A) unless the Attorney-
General gives an undertaking to give a notice
of appeal or a notice of application for leave to
appeal within the time specified in
subsection (3).
(4C) An order under subsection (4A) is
to lapse and the accused is to be discharged
from the recognisance if the Attorney-General
has not given the relevant notice under
subsection (3) within the time specified in that
subsection.
5
s. 5 No. Criminal Code Amendment (Appeals) 2003
(e) by omitting subsections (1) and (1A) from
section 415;
(f) by omitting from section 415(2) "the
appellant," and substituting "an appellant who
has been sentenced to a term of imprisonment
by the court of trial,";
(g) by omitting from section 418(1)(c) "and";
(h) by omitting from section 418(1)(d) "appeal -"
and substituting "appeal;";
(i) by inserting the following paragraphs after
paragraph (d) in section 418(1):
(e) The power to dismiss an appeal
under section 402(7);
(f) The power to give directions -
Justices Act 1959 amended
5. Section 121A of the Justices Act 1959 is repealed.
Sentencing Act 1997 amended
6. Section 16(2) of the Sentencing Act 1997 is amended as
follows:
(a) by omitting from paragraph (c)
"imprisonment; or" and substituting
"imprisonment.";
(b) by omitting paragraph (d).
6 Government Printer, Tasmania