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TASMANIA
__________
JUSTICES AMENDMENT BILL 2007
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - JUSTICES ACT 1959 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 23 amended (Powers of single justice)
6. Section 34A amended (Procedure on arrest)
7. Section 50A amended (Justices' record)
8. Section 50B amended (Adjournment of proceedings)
9. Sections 55, 56, 56A, 57, 57A, 58, 62, 63, 66 and 67 substituted
55. Procedure when brought before justices
56. Duties during adjournment
57. Duty to provide further witness statements and
summary of facts
58. Second appearance before justices for indictable
offence: election and plea
59. Entering plea and making election
60. Committal of defendant to Supreme Court
10. Part VII, Division 3: Heading inserted
Division 3 - Preliminary proceedings
11. Sections 61 and 62 inserted
[Bill 32]-X
61. Proceedings following preliminary proceedings
order by Supreme Court
62. Justices may require attendance of defendant and
witnesses and production of documents
12. Section 68 amended (Recognizance of witnesses, &c.)
13. Part VII, Division 4: Heading inserted
Division 4 - Miscellaneous
14. Sections 69A and 70 substituted
70. Adjournment of proceedings
70A. Ancillary orders
15. Section 72 amended (Other crimes triable summarily)
16. Section 72B amended (Hearings under this Part)
17. Section 74A amended (Procedure where defendant not
represented)
18. Section 113B amended (Review by magistrate)
19. Section 143 amended (Appropriation of penalties and fees)
20. Section 144 amended (Rules of court)
21. Section 147 inserted
147. Transitional provisions consequent on Justices
Amendment Act 2007
PART 3 - CRIMINAL CODE ACT 1924 AMENDED
22. Principal Act
23. Section 7 amended (Proceedings to be initiated by indictment)
24. Criminal Code amended
PART 4 - ELECTORAL ACT 2004 AMENDED
25. Principal Act
26. Section 236 amended (Certain crimes to be tried by justices)
PART 5 - EVIDENCE (CHILDREN AND SPECIAL WITNESSES) ACT
2001 AMENDED
27. Principal Act
28. Section 5 amended (Admission of prior statement of affected
child)
2
JUSTICES AMENDMENT BILL 2007
(Brought in by the Minister for Justice and Workplace
Relations, the Honourable Steven Kons)
A BILL FOR
An Act to amend the Justices Act 1959, the Criminal Code
Act 1924, the Electoral Act 2004 and the Evidence (Children
and Special Witnesses) Act 2001
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:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Justices
Amendment Act 2007.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 32] 3
Justices Amendment Act 2007
Act No. of
s. 3 Part 2 - Justices Act 1959 Amended
PART 2 - JUSTICES ACT 1959 AMENDED
3. Principal Act
In this Part, the Justices Act 1959* is referred to
as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting the definition of "district"
and substituting the following definition:
"district" means a municipal area,
within the meaning of the Local
Government Act 1993;
(b) by inserting the following definitions
after the definition of "petty session":
"preliminary proceedings" means
proceedings of justices conducted
in accordance with a preliminary
proceedings order;
"preliminary proceedings order"
means an order of the Supreme
Court under section 331B of the
Criminal Code requiring the
giving of evidence on oath in
preliminary proceedings;
*No. 77 of 1959
4
Justices Amendment Act 2007
Act No. of
Part 2 - Justices Act 1959 Amended s. 5
(c) by omitting "referred to in section 144;"
from paragraph (a) of the definition of
"prescribed" and substituting "of court;";
(d) by inserting the following definition after
the definition of "restraint order":
"rules of court" means rules of court
made by the Magistrates Rule
Committee under the Magistrates
Court Act 1987 for the purposes
of this Act;
5. Section 23 amended (Powers of single justice)
Section 23 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (e)
"sentence." and substituting "sentence;
and";
(b) by inserting the following paragraph after
paragraph (e):
(f) conduct preliminary proceedings
in accordance with Division 3 of
Part VII.
6. Section 34A amended (Procedure on arrest)
Section 34A(1)(b) of the Principal Act is
amended by omitting "section 67" and
substituting "section 70(2)".
5
Justices Amendment Act 2007
Act No. of
s. 7 Part 2 - Justices Act 1959 Amended
7. Section 50A amended (Justices' record)
Section 50A(3) of the Principal Act is amended
by omitting "made under section 144," and
substituting "of court,".
8. Section 50B amended (Adjournment of
proceedings)
Section 50B(4) of the Principal Act is amended
by omitting "made under section 144" and
substituting "of court".
9. Sections 55, 56, 56A, 57, 57A, 58, 62, 63, 66 and 67
substituted
Sections 55, 56, 56A, 57, 57A, 58, 62, 63, 66
and 67 of the Principal Act are repealed and the
following sections are substituted:
55. Procedure when brought before justices
(1) If at the first appearance before justices
of a person charged with an indictable
offence the person is not represented by a
legal practitioner, the justices must -
(a) cause the charge to be read to the
person or explain to the person, in
simple terms, the offence with
which the person is charged; and
6
Justices Amendment Act 2007
Act No. of
Part 2 - Justices Act 1959 Amended s. 9
(b) explain to the person his or her
rights and duties under this Act in
respect of the charge; and
(c) invite the person to enter a plea to
the charge.
(2) The justices are not required to comply
with subsection (1)(a) if they are satisfied
that the defendant has received a copy of,
and understands the nature of, the charge.
(3) If a defendant charged with an indictable
offence is attending before the Court for
the first time in respect of that offence,
the defendant may -
(a) plead to the offence as specified
in section 59; or
(b) state that he or she does not wish
to plead to the offence.
(4) If the defendant pleads guilty to the
offence and the charge is one in respect
of which the defendant under section 72
is entitled to elect to be tried or sentenced
either by justices or the Supreme Court,
the defendant is to make that election
unless the justices determine otherwise in
the interests of justice.
(5) If the defendant does not plead guilty to
the offence charged or another offence as
specified in section 59(1)(b), the justices
are to adjourn the proceedings for a
period not exceeding 7 weeks.
7
Justices Amendment Act 2007
Act No. of
s. 9 Part 2 - Justices Act 1959 Amended
56. Duties during adjournment
(1) In this section -
"Commander" means a commander
appointed under section 11 of the
Police Service Act 2003;
"relevant Commander" means the
Commander who has
responsibilities in relation to the
district in which the proceedings
that are adjourned under
section 55(5) are being
conducted.
(2) On the adjournment of proceedings under
section 55(5) -
(a) the legal practitioner representing
the defendant is to notify the
relevant Commander, in writing,
of that fact as soon as is
reasonably practicable; or
(b) if the defendant does not intend to
be represented by a legal
practitioner, the defendant is to
notify the relevant Commander,
in writing, of that fact as soon as
is reasonably practicable.
(3) During an adjournment of proceedings
under section 55(5), the relevant
Commander is to serve a copy of each of
the following documents on the legal
practitioner representing the defendant
8
Justices Amendment Act 2007
Act No. of
Part 2 - Justices Act 1959 Amended s. 9
or, if the defendant has notified the
relevant Commander that he or she does
not intend to be represented by a legal
practitioner, on the defendant:
(a) the complaint;
(b) if the defendant has been
interviewed in relation to the
offence which is the subject of
the charge by a police officer or
other person investigating the
offence, a copy of the transcript
of the interview;
(c) the statements of all witnesses
that have been obtained by a
police officer or other person
investigating the offence;
(d) a summary of the material facts
relevant to the charge.
(4) If there is an audio or audio-visual
recording of an interview referred to in
subsection (3)(b) and there is no
transcript of the interview, the relevant
Commander is to -
(a) serve a copy of the recording on;
or
(b) provide an opportunity to hear or
watch the recording to -
the legal practitioner representing the
defendant or, if the defendant has
9
Justices Amendment Act 2007
Act No. of
s. 9 Part 2 - Justices Act 1959 Amended
notified the relevant Commander that he
or she does not intend to be represented
by a legal practitioner, the defendant.
(5) A legal representative or defendant
served with a copy of an audio or audio-
visual recording of an interview by the
relevant Commander -
(a) must not allow it to be listened to
or watched by any person for a
purpose not connected with the
proceedings; and
(b) must not copy it or allow it to be
copied; and
(c) must return it to the relevant
Commander within such
reasonable period as the
Commander specifies.
57. Duty to provide further witness statements
and summary of facts
(1) In this section -
"Commander" means a commander
appointed under section 11 of the
Police Service Act 2003;
"relevant Commander" means the
Commander who has
responsibilities in relation to the
district in which the relevant
proceedings are being conducted.
10
Justices Amendment Act 2007
Act No. of
Part 2 - Justices Act 1959 Amended s. 9
(2) If, after copies of all witness statements
have been served on a defendant or his or
her legal practitioner as required by
section 56(3)(c), a statement or further
statement from a witness is obtained by a
police officer or other person
investigating the offence, the relevant
Commander is to serve a copy of that
statement or further statement on the
defendant or his or her legal practitioner
as soon as is reasonably practicable.
(3) If, after a summary of material facts has
been served on a defendant or his or her
legal practitioner as required by
section 56(3)(d), the relevant
Commander becomes aware of additional
material facts relevant to the charge or
considers that the material facts relevant
to the charge have changed, the relevant
Commander is to serve a copy of a
revised summary of the material facts on
the defendant or his or her legal
practitioner as soon as is reasonably
practicable.
58. Second appearance before justices for
indictable offence: election and plea
(1) On the appearance before justices of a
defendant charged with an indictable
offence following an adjournment of the
proceedings under section 55(5), the
defendant -
11
Justices Amendment Act 2007
Act No. of
s. 9 Part 2 - Justices Act 1959 Amended
(a) if the charge is one in respect of
which the defendant under
section 72 is entitled to elect to be
tried or sentenced either by
justices or the Supreme Court, is
to make that election; and
(b) is to plead to the charge as
specified in section 59 -
unless the justices determine that, in the
particular circumstances of the case, the
interests of justice require that
proceedings be further adjourned before
the defendant is required to make an
election or plead to the charge.
(2) If -
(a) the defendant, as allowed by the
determination of the justices
under subsection (1), does not
make the election or plead to the
charge under that subsection; and
(b) the proceedings are further
adjourned -
that subsection applies to the next
appearance of the defendant before
justices.
59. Entering plea and making election
(1) In pleading to an indictable offence, the
defendant may plead -
12
Justices Amendment Act 2007
Act No. of
Part 2 - Justices Act 1959 Amended s. 9
(a) guilty to the offence; or
(b) if the justices and prosecutor
consent, guilty of any other
indictable offence of which he or
she might be convicted on an
indictment for the offence
charged; or
(c) not guilty to the offence charged;
or
(d) that further proceedings may not
be taken in respect of the charge;
or
(e) that he or she has cause to show
why he or she should not be
convicted of the offence charged;
or
(f) that he or she previously has been
found guilty or not guilty of the
offence charged.
(2) If the defendant, on being asked to plead
under section 55 or 58, stands mute or
refuses to, or does not, answer directly to
the charge, he or she is taken to plead not
guilty.
(3) If the defendant, on being asked to make
an election under section 55 or 58, stands
mute or refuses to, or does not, make a
definite election, he or she is taken to
elect for the charge to be determined by
justices.
13
Justices Amendment Act 2007
Act No. of
s. 9 Part 2 - Justices Act 1959 Amended
(4) If the defendant pleads guilty and is to be
sentenced in the Supreme Court -
(a) the complaint is to be endorsed
with the words "I plead guilty to
the offence of [state offence]" and
"Dated this ......day
of......200...."; and
(b) that endorsement is to be -
(i) signed by the defendant;
or
(ii) if the defendant is unable
to sign the endorsement,
marked by the defendant,
with that mark being
certified by the justices.
60. Committal of defendant to Supreme Court
(1) The justices must commit to the Supreme
Court for sentence or trial, on a day to be
fixed by the Supreme Court, a defendant
charged with an indictable offence -
(a) if the defendant pleads guilty to
that offence, or to another
indictable offence of which he or
she might be convicted on an
indictment for the offence
charged, and the offence to which
the defendant pleads guilty is
one -
14
Justices Amendment Act 2007
Act No. of
Part 2 - Justices Act 1959 Amended s. 9
(i) which must be tried in the
Supreme Court; or
(ii) in respect of which the
defendant under
section 72 may elect to be
tried or sentenced by
justices or in the Supreme
Court and the defendant
elects to be sentenced in
the Supreme Court; or
(b) if the defendant pleads not guilty
to the offence charged, or enters a
plea referred to in
section 59(1)(d), (e) or (f), and
the offence is one -
(i) which must be tried in the
Supreme Court; or
(ii) in respect of which the
defendant under
section 72 may elect to be
tried or sentenced by
justices or in the Supreme
Court and the defendant
elects to be tried in the
Supreme Court.
(2) Despite a defendant having elected to
have the offence with which he or she is
charged tried or sentenced by justices,
the justices may commit the defendant to
the Supreme Court for trial or sentence if
15
Justices Amendment Act 2007
Act No. of
s. 10 Part 2 - Justices Act 1959 Amended
the justices consider it appropriate to do
so.
(3) On the making of an order under
subsection (1) or (2) that a defendant be
committed for sentence or trial -
(a) the justices must remand the
defendant in custody or admit
him or her to bail to appear
before the Supreme Court on a
day to be fixed by the Supreme
Court; and
(b) the clerk of petty sessions is to
forward to the Supreme Court
and to the Director of Public
Prosecutions the documents and
other materials prescribed by the
rules of court.
10. Part VII, Division 3: Heading inserted
Part VII of the Principal Act is amended by
inserting the following heading after section 60:
Division 3 - Preliminary proceedings
11. Sections 61 and 62 inserted
After section 60 of the Principal Act, the
following sections are inserted in Division 3:
16
Justices Amendment Act 2007
Act No. of
Part 2 - Justices Act 1959 Amended s. 11
61. Proceedings following preliminary
proceedings order by Supreme Court
(1) In this section -
"certified", in relation to a transcript
of evidence recorded by means
other than direct recording on
paper, means the certification by
the person who transcribed the
recording that the transcript is a
true and accurate record of the
recording;
"endorsed recording", in relation to
the statement of a witness who is
an affected person, means a copy
of a written or other recording of
a statement made by the affected
person that is endorsed with, or
accompanied by, a certificate
that -
(a) purports to be made by a
person who was present
when the affected person
made the statement; and
(b) states that the copy of the
recording is a true and
accurate copy;
"transcribe" means transcribe, or
print, onto paper.
(2) On the receipt by the clerk of petty
sessions of a copy of a preliminary
17
Justices Amendment Act 2007
Act No. of
s. 11 Part 2 - Justices Act 1959 Amended
proceedings order, the justices are to
conduct preliminary proceedings in
accordance with that order.
(3) The defendant must be present during
preliminary proceedings conducted under
a preliminary proceedings order unless
the justices permit the preliminary
proceedings to proceed in the absence of
the defendant.
(4) In preliminary proceedings -
(a) the evidence of a witness, other
than an affected person, is to be
taken by the examination, cross-
examination and re-examination
of the witness before the justices;
and
(b) the evidence of a witness who is
an affected person is to be taken
by the receipt by the justices of
the endorsed recording of the
statement of the witness and the
examination, cross-examination
and re-examination of the witness
as specified by subsection (5);
and
(c) the evidence of a witness given in
examination, cross-examination
or re-examination is to be
transcribed and the transcript is to
be certified.
18
Justices Amendment Act 2007
Act No. of
Part 2 - Justices Act 1959 Amended s. 11
(5) A witness who is an affected person may
only -
(a) be cross-examined and re-
examined on matters specified in
the preliminary proceedings order
in accordance with the conditions
and limitations specified in that
order; and
(b) be examined, cross-examined and
re-examined on matters not
provided for in the preliminary
proceedings order if the justices
are satisfied that -
(i) to do so would not
conflict with the
preliminary proceedings
order; and
(ii) exceptional circumstances
exist; and
(iii) it is necessary to do so in
the interests of justice.
(6) A decision of the justices to allow the
examination, cross-examination or re-
examination of a witness who is an
affected person under subsection (5)(b) is
final and not subject to appeal or other
review.
(7) The room or place in which the justices
conduct the preliminary proceedings is
an open court, but the justices, if satisfied
19
Justices Amendment Act 2007
Act No. of
s. 11 Part 2 - Justices Act 1959 Amended
that it is in the interests of justice to do
so, may order that a person, persons of a
class or all persons may not enter, be in
or remain in that room or place.
(8) Despite subsection (7), the prosecutor,
defendant and legal representative of the
defendant may not be excluded from the
room or place in which the justices are
conducting the preliminary proceedings.
(9) At any time during preliminary
proceedings, the justices may request the
Supreme Court to give directions in
relation to the conduct or finalisation of
the preliminary proceedings.
(10) On the request of the justices under
subsection (9), the Supreme Court may
give such directions relating to the
conduct or finalisation of the preliminary
proceedings as it considers appropriate.
(11) When the justices have concluded the
preliminary proceedings or cannot
proceed, or proceed further, with them -
(a) the justices must remand the
defendant in custody or admit
him or her to appear before the
Supreme Court on a day to be
fixed by the Supreme Court; and
(b) the clerk of petty sessions is to
forward the transcripts of all
evidence given in the preliminary
proceedings, and all endorsed
20
Justices Amendment Act 2007
Act No. of
Part 2 - Justices Act 1959 Amended s. 11
recordings of the statements of
witnesses who are affected
persons used in the preliminary
proceedings, to the following
persons:
(i) the Supreme Court;
(ii) the Director of Public
Prosecutions;
(iii) the legal practitioner
representing the defendant
or, if the defendant is not
so represented, the
defendant; and
(c) the clerk of petty sessions is to
forward all exhibits tendered in
evidence in the preliminary
proceedings to the Director of
Public Prosecutions.
62. Justices may require attendance of
defendant and witnesses and production of
documents
(1) In preliminary proceedings, a justice may
issue a summons to the defendant
requiring the defendant to attend before
the justices at a time and place mentioned
in the summons.
(2) If a preliminary proceedings order
provides that a witness may be examined
in preliminary proceedings, a justice may
issue a summons to the witness requiring
21
Justices Amendment Act 2007
Act No. of
s. 12 Part 2 - Justices Act 1959 Amended
the witness to attend before the justices at
a time and place mentioned in the
summons to testify what he or she knows
concerning the charge.
(3) In preliminary proceedings, a justice may
issue a summons requiring a person to
attend and produce to the justices at the
time and place mentioned in the
summons, for the purposes of evidence, a
document or thing in the possession or
under the control of the person.
(4) If the defendant, witness or person fails
to attend before the justices as required
by a summons issued under this section,
the justices may issue a warrant requiring
that the defendant, witness or person be
apprehended and brought before the
justices.
12. Section 68 amended (Recognizance of witnesses,
&c.)
Section 68 of the Principal Act is amended as
follows:
(a) by inserting "in preliminary
proceedings" after "examined";
(b) by inserting "or her" after "him";
(c) by omitting "court" and substituting
"Supreme Court".
22
Justices Amendment Act 2007
Act No. of
Part 2 - Justices Act 1959 Amended s. 13
13. Part VII, Division 4: Heading inserted
Part VII of the Principal Act is amended by
inserting the following heading after section 69:
Division 4 - Miscellaneous
14. Sections 69A and 70 substituted
Sections 69A and 70 of the Principal Act are
repealed and the following sections are
substituted:
70. Adjournment of proceedings
(1) If for any reason the proceedings under
this Part are adjourned, the justices
may -
(a) remand the defendant in custody;
or
(b) admit the defendant to bail; or
(c) orally order the defendant to
appear before the justices.
(2) Despite subsection (1)(b), the justices
may not admit to bail a person who has
attained the age of 17 years who is
charged with treason or murder.
70A. Ancillary orders
In any proceedings under this Part, the
justices may make any ancillary order
they think appropriate.
23
Justices Amendment Act 2007
Act No. of
s. 15 Part 2 - Justices Act 1959 Amended
15. Section 72 amended (Other crimes triable
summarily)
Section 72 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "instead
of asking him to plead under section
56A, the justices may, in the prescribed
form of words or in words of like
import," and substituting "the justices, as
specified in section 55 or 58 and in the
prescribed form of words or in words of
like import, may";
(b) by inserting in subsection (1) "or
sentenced" after "be tried";
(c) by inserting in subsection (1) "or
sentenced" after "being tried";
(d) by inserting in subsection (2) "or
sentenced" after "tried".
16. Section 72B amended (Hearings under this Part)
Section 72B of the Principal Act is amended as
follows:
(a) by inserting in subsection (2) "the
defendant requests or" after "Part,";
(b) by omitting from subsection (2) "they"
first occurring and substituting "the
justices";
24
Justices Amendment Act 2007
Act No. of
Part 2 - Justices Act 1959 Amended s. 17
(c) by omitting from subsection (3)(a)
"section 63" and substituting
"section 60".
17. Section 74A amended (Procedure where defendant
not represented)
Section 74A(1) of the Principal Act is amended
by omitting "made under section 144" and
substituting "of court".
18. Section 113B amended (Review by magistrate)
Section 113B(1) of the Principal Act is amended
by omitting "made under section 144," and
substituting "of court,".
19. Section 143 amended (Appropriation of penalties
and fees)
Section 143(3A) of the Principal Act is amended
by omitting "made under section 144." and
substituting "of court.".
20. Section 144 amended (Rules of court)
Section 144 of the Principal Act is amended as
follows:
(a) by inserting in subsection (6) "of court"
after "rules";
25
Justices Amendment Act 2007
Act No. of
s. 21 Part 2 - Justices Act 1959 Amended
(b) by inserting in subsection (7) "of court"
after "Rules".
21. Section 147 inserted
After section 146 of the Principal Act, the
following section is inserted in Part XIII:
147. Transitional provisions consequent on
Justices Amendment Act 2007
(1) In this section -
"amended Criminal Code" means
the Criminal Code Act 1924 as
amended by the Justices
Amendment Act 2007;
"amended Part VII" means Part VII
of this Act as amended by the
Justices Amendment Act 2007;
"commencement day" means the day
on which the Justices Amendment
Act 2007 commences;
"former Criminal Code" means the
Criminal Code Act 1924 as in
force immediately before the
commencement day;
"former Part VII" means Part VII of
this Act as in force immediately
before the commencement day.
26
Justices Amendment Act 2007
Act No. of
Part 2 - Justices Act 1959 Amended s. 21
(2) If a person charged with an indictable
offence appeared before justices and
entered a plea under the former Part VII
in respect of that charge, or any other
charge in respect of an indictable offence
joined in the same complaint, before the
commencement day, former Part VII and
the former Criminal Code continue to
apply to proceedings in respect of that
charge as if the Justices Amendment Act
2007 had not been enacted.
(3) If a person charged with an indictable
offence appeared before justices but did
not enter a plea under former Part VII in
respect of that charge, or any other
charge in respect of an indictable offence
joined in the same complaint, before the
commencement day -
(a) amended Part VII and the
amended Criminal Code apply to
proceedings in respect of that
charge; and
(b) for the purposes of amended Part
VII, the first appearance of the
person before justices after the
commencement day is taken to be
the first appearance of the person
before justices.
(4) Despite subsection (3), justices may
dispense with or vary any requirement of
amended Part VII if they are of the
opinion that -
27
Justices Amendment Act 2007
Act No. of
s. 21 Part 2 - Justices Act 1959 Amended
(a) the requirement has already been
complied with or partly complied
with; or
(b) complying with the requirement,
or the requirement without
variation, would cause an undue
delay in the proceedings and the
defendant would not be unduly
prejudiced by dispensing with, or
varying, the requirement.
28
Justices Amendment Act 2007
Act No. of
Part 3 - Criminal Code Act 1924 Amended s. 22
PART 3 - CRIMINAL CODE ACT 1924 AMENDED
22. Principal Act
In this Part, the Criminal Code Act 1924* is
referred to as the Principal Act.
23. Section 7 amended (Proceedings to be initiated by
indictment)
Section 7 of the Principal Act is amended by
omitting "All" and substituting "Except as
otherwise provided by the Code or an Act,".
24. Criminal Code amended
Schedule 1 to the Principal Act is amended as
follows:
(a) by inserting the following sections after
section 331:
331A. Release from prison if no indictment
filed
(1) If -
(a) a person is in a prison, by
reason of having been
remanded in custody by
justices; and
*No. 69 of 1924
29
Justices Amendment Act 2007
Act No. of
s. 24 Part 3 - Criminal Code Act 1924 Amended
(b) justices have committed
that person for trial in the
Supreme Court for an
indictable offence; and
(c) a Crown Law Officer
decides on the evidence
before him or her not to
file an indictment against
that person for that
offence -
the Crown Law Officer may issue
a warrant to the person in charge
of that prison to release that
person immediately.
(2) A person in charge of a prison
who is provided with a warrant
under subsection (1) is to
immediately release the person
named in the warrant from
custody in respect of the offence
mentioned in the warrant.
331B. First appearance of defendant in
Supreme Court following committal
(1) At the first appearance before the
Supreme Court of a defendant
committed to the Court on a plea
of guilty entered before justices,
the Supreme Court is to list the
defendant for sentencing on a day
fixed by the Court.
30
Justices Amendment Act 2007
Act No. of
Part 3 - Criminal Code Act 1924 Amended s. 24
(2) At the first or a subsequent
appearance before the Supreme
Court of a defendant committed
to the Court on any plea, other
than a plea of guilty -
(a) the defendant or a Crown
law officer may apply for
an order that the witnesses
named in the application
give evidence on oath in
preliminary proceedings;
and
(b) the Court may make such
an order; and
(c) the Court is to warn the
defendant that he or she
may not be permitted at
trial to give evidence of
an alibi or to call
witnesses in support of an
alibi unless he or she
gives the Director of
Public Prosecutions
written notice of that alibi
and of those witnesses
within the time provided
in section 368A.
(3) The Supreme Court may only
make an order under
subsection (2)(b) requiring a
witness named in the order to
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Justices Amendment Act 2007
Act No. of
s. 24 Part 3 - Criminal Code Act 1924 Amended
give evidence on oath in
preliminary proceedings -
(a) if the defendant, or Crown
law officer, in his or her
application for the order
has identified a matter in
respect of which the
witness is to be
questioned, has specified
why the evidence of the
witness is relevant to that
matter and has specified
why cross-examination,
or examination, of the
witness is justified; and
(b) if, in a case where the
witness is an affected
person within the
meaning of the Justices
Act 1959, the Court is
satisfied that exceptional
circumstances require the
witness to give evidence
on oath at preliminary
proceedings; and
(c) the Court is satisfied that
it is necessary in the
interests of justice.
(4) An order under
subsection (2)(b) -
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Justices Amendment Act 2007
Act No. of
Part 3 - Criminal Code Act 1924 Amended s. 24
(a) in respect of a witness
who is not an affected
person within the
meaning of the Justices
Act 1959, may limit the
matters on which the
witness may be examined,
cross-examined and re-
examined and impose
conditions in relation to
such examination, cross-
examination and re-
examination; and
(b) in respect of a witness
who is an affected person
within the meaning of the
Justices Act 1959, must
limit the matters on which
the witness may be
examined, cross-
examined and re-
examined and may
impose conditions in
relation to such
examination, cross-
examination and re-
examination.
(5) If the Supreme Court makes an
order under subsection (2)(b), the
Court is to remand the defendant
in custody or admit him or her on
bail to appear before justices, at
the time and on the day specified
in the order.
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Justices Amendment Act 2007
Act No. of
s. 24 Part 3 - Criminal Code Act 1924 Amended
331C. Jurisdiction of Supreme Court to
sentence
If a defendant is committed, by
justices in accordance with the
Justices Act 1959, to the Supreme
Court for sentence, the Supreme
Court has jurisdiction over the
defendant as if the defendant had
appeared and entered the plea to
an indictment for the offence in
respect of which he or she was
committed.
(b) by omitting from section 368A(3)
"section 56A of the Justices Act 1959,"
and substituting "section 331B,";
(c) by omitting "section 56A of the Justices
Act 1959" from paragraph (a) of the
definition of "the prescribed period" in
section 368A(8) and substituting
"section 331B";
(d) by omitting from section 401(3)(b)
"section 63 of the Justices Act 1959," and
substituting "section 331C";
(e) by inserting the following sections after
section 421:
421A. Notice to attend or arrest warrant
against person indicted in Supreme
Court
(1) In this section -
34
Justices Amendment Act 2007
Act No. of
Part 3 - Criminal Code Act 1924 Amended s. 24
"at large" means not detained
in prison as specified in
subsection (2)(c).
(2) On the application of a person
who has filed an indictment in the
Supreme Court under section 420
or 421 in respect of an offence,
the Supreme Court -
(a) if the defendant is at large
and the applicant requests
it, must issue a notice to
attend to the defendant
ordering him or her to
attend before the Supreme
Court at the time and
place specified in the
notice; or
(b) if the defendant is at large
but no such request is
made, may issue an arrest
warrant against the
defendant to bring him or
her before the Supreme
Court; or
(c) if there is proof, on oath,
that the defendant is a
person at that time
detained in a prison in
relation to an offence
other than that charged in
the indictment, must
direct the person in charge
35
Justices Amendment Act 2007
Act No. of
s. 24 Part 3 - Criminal Code Act 1924 Amended
of the prison to detain the
defendant in his or her
custody until -
(i) the defendant is
lawfully removed
from that custody
for the purpose of
being tried on the
indictment; or
(ii) the defendant is
otherwise
removed or
discharged out of
that custody by
due course of law.
(3) Subsection (2)(a) and (b) applies
in respect of a defendant
regardless of whether or not the
defendant is bound by a
recognizance to appear to answer
the indictment.
(4) A person may not make an
application, and the Supreme
Court may not proceed, under
subsection (2) if the defendant
has already attended before the
Supreme Court and pleaded to the
indictment.
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Justices Amendment Act 2007
Act No. of
Part 3 - Criminal Code Act 1924 Amended s. 24
421B. Committal for trial in certain
circumstances
If a person is arrested under a
warrant issued under
section 421A in respect of an
indictment and brought before the
Supreme Court and it is proved
upon oath before the Court that
the person arrested is the person
indicted -
(a) the person must be
committed for trial
without further inquiry or
examination; and
(b) if the person has not
appeared before the
Supreme Court under
section 331B in respect of
the charge which is the
subject of the
indictment -
(i) section 331B
applies; and
(ii) for the purpose of
the application of
section 331B, the
person is taken to
be appearing for
the first time after
being committed
37
Justices Amendment Act 2007
Act No. of
s. 24 Part 3 - Criminal Code Act 1924 Amended
to the Supreme
Court.
38
Justices Amendment Act 2007
Act No. of
Part 4 - Electoral Act 2004 Amended s. 25
PART 4 - ELECTORAL ACT 2004 AMENDED
25. Principal Act
In this Part, the Electoral Act 2004* is referred
to as the Principal Act.
26. Section 236 amended (Certain crimes to be tried by
justices)
Section 236(1) of the Principal Act is amended
by omitting "section 56A of the Justices Act
1959," and substituting "section 55 or 58 of the
Justices Act 1959,".
*No. 51 of 2004
39
Justices Amendment Act 2007
Act No. of
s. 27 Part 5 - Evidence (Children and Special Witnesses) Act 2001 Amended
PART 5 - EVIDENCE (CHILDREN AND SPECIAL
WITNESSES) ACT 2001 AMENDED
27. Principal Act
In this Part, the Evidence (Children and Special
Witnesses) Act 2001* is referred to as the
Principal Act.
28. Section 5 amended (Admission of prior statement of
affected child)
Section 5(2) of the Principal Act is amended by
omitting "section 56A(6AA) or 57A of the
Justices Act 1959." and substituting "section 61
of the Justices Act 1959.".
*No. 79 of 2001
40 Government Printer, Tasmania