Court Legislation Amendment Act 2008 (ACT)

Case

Court Legislation Amendment Act 2008

A2008-42

Contents

Page

Part 1Preliminary

  1. Name of Act  2

  2. Commencement  2

Part 2Crimes (Restorative Justice) Act 2004

  1. Legislation amended––pt 2  3

  2. Referring entities


    Section 22 (2), definition of prosecution referral, paragraph (b)              3

Part 3Director of Public Prosecutions Act 1990

  1. Legislation amended––pt 3  4

  2. Representation of Territory and Territory authorities


    Section 11 (3)  4

  3. Appearances by director


    New section 16 (d)  4

  4. Dictionary, note 2, new dot point  4

Part 4Magistrates Court Act 1930

  1. Legislation amended––pt 4  5

  2. New division 3.3.3A  5

  3. Written statements may be admitted in evidence


    Section 90AA (3) (a)  8

  4. Section 219AB heading  8

  5. Section 219AB (1)  8

  6. Sections 219AB (2)  9

  7. Sections 219AC (1) (a)  9

  8. Section 219AD  9

  9. Dictionary, note 2, new dot point  9

  10. Dictionary, definition of authorised person  10

  11. Dictionary, new definition of court attendance notice  10

Part 5Supreme Court Act 1933

  1. Legislation amended––pt 5  11

  2. Appellate jurisdiction


    Section 37E (2) (b)  11

  3. Orders on appeal


    New section 37O (1A) and (1B)  11

  4. Section 37S heading  12

  5. Section 37S (1)  12

  6. Section 37S (2) and (3)  12

  7. Section 37S (4) (a)  12

  8. Section 37S (4) (b)  13

  9. Section 37S (6)  13

  10. Dictionary, note 2, new dot points  13

Court Legislation Amendment Act 2008

A2008-42

An Act to amend legislation about courts

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

Part 1Preliminary

  1. Name of Act

    This Act is the Court Legislation Amendment Act 2008.

  2. Commencement

    This Act commences on a day fixed by the Minister by written notice.

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

    Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).

    Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).

Part 2Crimes (Restorative Justice) Act 2004

  1. Legislation amended––pt 2

    This part amends the Crimes (Restorative Justice) Act 2004.

  2. Referring entities
    Section 22 (2), definition of prosecution referral, paragraph (b)

    substitute

    (b)a court attendance notice under the Magistrates Court 1930.

Part 3Director of Public Prosecutions Act 1990

  1. Legislation amended––pt 3

    This part amends the Director of Public Prosecutions Act 1990.

  2. Representation of Territory and Territory authorities
    Section 11 (3)

    omit

    section 16

    substitute

    section 16 (1) (a), (b) or (c)

  3. Appearances by director
    New section 16 (d)

    insert

    (d)for an appearance in a Magistrates Court callover list––a member of the staff of the office, other than a legal practitioner, whose functions include the appearance.

  4. Dictionary, note 2, new dot point

    insert

    ·     Magistrates Court

Part 4Magistrates Court Act 1930

  1. Legislation amended––pt 4

    This part amends the Magistrates Court Act 1930.

  2. New division 3.3.3A

    insert

Division 3.3.3A        Court attendance notices

41ADefinitions—div 3.3.3A

In this division:

authorised person means—

(a)a police officer; or

(b)a person prescribed by regulation.

court attendance notice—see section 41B.

41BCommencing criminal proceeding by court attendance notice

(1)A proceeding for an alleged offence may be commenced by serving and filing a notice (a court attendance notice) under this division.

(2)A court attendance notice served on a person must––

(a)state the name of the person; and

(b)describe the offence to which it relates; and

(c)briefly state the particulars of the offence; and

(d)state the name of the authorised person serving the notice; and

(e)unless a warrant is issued for the arrest of the person or the person is refused bail—

(i)require the person to appear before a magistrate at a stated date, time and place; and

(ii)state that failure to appear may result in the person’s arrest or in the proceeding being dealt with in the person’s absence; and

(f)if the person consents to appear before a magistrate at the stated date and time—include a statement, signed by the person, that the person consents to appear at the stated date and time.

NoteIf a form is approved under the Court Procedures Act 2004 for this provision, the form must be used.

(3)It is sufficient to describe an offence in the notice in the way the offence is described in the law that creates the offence.

(4)The date stated for the person to appear before a magistrate must be—

(a)at least 14 days after the day the notice is served; or

(b)if the notice contains a consent signed by the person to appear before a magistrate at an earlier date available to a Magistrate—the date as stated in the notice.

(5)The rules may prescribe additional matters that must be included in a court attendance notice.

41CCourt attendance notice––service

(1)If an authorised person suspects, on reasonable grounds, that a person has committed an offence, the authorised person may serve a court attendance notice on the person.

(2)The notice must be served personally by the authorised person.

(3)The Court Procedures Rules 2006, part 6.8 (Service) apply to the service of a court attendance notice as if—

(a)the notice were a document in the proceeding for the offence to which it relates; and

(b)the copy of the notice served were a stamped copy.

(4)However, the Court Procedures Rules 2006, division 6.8.3 (Service—Magistrates Court) does not apply to service of a court attendance notice.

41DCourt attendance notice—filing

(1)A copy of a court attendance notice served on a person must be filed—

(a)not less than 14 days before the day stated in the notice for the person to appear before a magistrate; or

(b)if the notice contains a consent signed by the person to appear before a magistrate at a date earlier than 14 days after service of the notice—as soon as practicable.

(2)If a warrant is intended to be issued in the first instance against the person, the notice must be filed with a sworn statement about the particulars of the offence stated in the notice.

41ECourt attendance notice—relationship to information and summons

(1)This division is additional to, and does not limit, any other provision of a Territory law about an information or summons in relation to a criminal proceeding.

(2)A court attendance notice served under this division is taken, for all purposes, to be a summons served under division 3.3.3.

(3)A court attendance notice filed under this division is taken, for all purposes, to be an information laid under division 3.3.2.

(4)For subsections (2) and (3), a provision mentioned in subsection (1) applies, with any necessary changes and any changes prescribed by regulation—

(a)in relation to a court attendance notice served under this division—as if it were a summons issued under division 3.3.3; and

(b)in relation to a court attendance notice filed under this division—as if it were an information laid under division 3.3.2.

  1. Written statements may be admitted in evidence
    Section 90AA (3) (a)

    substitute

    (a)it contains the following endorsement by the person who made it:

    ‘This statement made by me accurately sets out the evidence that I would be prepared, if necessary, to give in court as a witness.  The statement is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I will be liable to prosecution if I have wilfully stated in it anything that I know to be false or do not believe to be true.’; and

  2. Section 219AB heading

    substitute

219ABReference appeal in relation to proceeding

  1. Section 219AB (1)

    substitute

    (1)This section applies if a person has been charged on indictment in the Magistrates Court and the proceeding in relation to all or part of the indictment has concluded.

  2. Sections 219AB (2)

    omit

    trial

    substitute

    proceeding

  3. Sections 219AC (1) (a)

    omit

    at the trial

    substitute

    in the proceeding

  4. Section 219AD

    substitute

219ADReference appeal decision does not affect verdict

The decision on a reference appeal does not invalidate or affect any verdict or decision given in the proceeding.

  1. Dictionary, note 2, new dot point

    insert

    ·     proceeding

  2. Dictionary, definition of authorised person

    substitute

    authorised person—

    (a)for division 3.3.3A (Court attendance notices)—see section 41A; and

    (b)for part 3.8 (Infringement notices for certain offences)—see section 134A (3).

  3. Dictionary, new definition of court attendance notice

    insert

    court attendance notice, for division 3.3.3A (Court attendance notices)—see section 41B.

Part 5Supreme Court Act 1933

  1. Legislation amended––pt 5

    This part amends the Supreme Court Act 1933.

  2. Appellate jurisdiction
    Section 37E (2) (b)

    omit

    Reference appeal following acquittal on indictment

    substitute

    Reference appeal in relation to proceeding

  3. Orders on appeal
    New section 37O (1A) and (1B)

    insert

    (1A)The Court of Appeal on an appeal against conviction must—

    (a)allow the appeal if it considers that—

    (i)the verdict of the jury should be set aside on the ground that it is unreasonable, or cannot be supported, having regard to the evidence; or

    (ii)the judgment of the court before which the appellant was convicted should be set aside on the ground of a wrong decision of any question of law; or

    (iii)on any other ground there was a miscarriage of justice; or

    (b)dismiss the appeal.

    (1B)However, the Court of Appeal may also dismiss an appeal against conviction if it considers that—

    (a)the point raised by the appeal might be decided in favour of the appellant; but

    (b)no substantial miscarriage of justice has actually occurred.

  4. Section 37S heading

    substitute

37SReference appeal in relation to proceeding

  1. Section 37S (1)

    substitute

    (1)This section applies if a person has been charged on indictment in the court and the proceeding in relation to all or any part of the indictment has concluded.

    NoteIndictment includes information (see Legislation Act, dict, pt 1).

  2. Section 37S (2) and (3)

    omit

    trial

    substitute

    proceeding

  3. Section 37S (4) (a)

    omit

    at the trial

    substitute

    in the proceeding

  4. Section 37S (4) (b)

    omit

    trial

    substitute

    proceeding

  5. Section 37S (6)

    omit

    at the trial

    substitute

    in the proceeding

  6. Dictionary, note 2, new dot points

    insert

    ·     indictment

    ·     proceeding

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 26 June 2008.

  2. Notification

    Notified under the Legislation Act on 8 September 2008.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Court Legislation Amendment Bill 2008, which was passed by the Legislative Assembly on 21 August 2008.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2008

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