Courts Legislation Amendment Act 2012 (ACT)

Courts Legislation Amendment Act 2012

A2012-29

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Schedule 1 Legislation amended  3

Part 1.1    Crimes (Sentencing) Act 2005  3

Part 1.2    Supreme Court Act 1933  5

Courts Legislation Amendment Act 2012

A2012-29

An Act to amend legislation about courts and sentencing

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

1. Name of Act

   This Act is the Courts Legislation Amendment Act 2012.

2. Commencement

   (1)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 may be fixed, for the commencement of different provisions (see Legislation Act, s 71 (1)).

   (2)If this Act has not commenced within 12 months beginning on its notification day, it automatically commences on the first day after that period.

   (3)The Legislation Act, section 79 (Automatic commencement of postponed law) does not apply to this Act.

3. Legislation amended

   This Act amends the legislation mentioned in schedule 1.

Schedule 1Legislation amended

(see s 3)

Part 1.1Crimes (Sentencing) Act 2005

[1.1]Section 35 (7), definition of defence

substitute

defence means—

(a)the offender; or

(b)any lawyer representing the offender.

[1.2]Section 41 (1) and note

substitute

(1)This section applies if—

(a)the Magistrates Court—

(i)finds an offender guilty of an offence in a proceeding before the court; or

(ii)accepts an offender’s guilty plea for an offence; or

(b)the Magistrates Court commits an offender to the Supreme Court for sentence; or

NoteThe Magistrates Court may commit a person to the Supreme Court for sentence under the Magistrates Court Act 1930, s 92A.

(c)the Supreme Court—

(i)finds an offender guilty of an offence in a proceeding before the court; or

(ii)accepts an offender’s guilty plea for an offence.

(1A)If subsection (1) (b) applies—the Magistrates Court may—

(a)order a pre-sentence report in relation to the offender; and

(b)order the director-general to provide a copy of the report to the Supreme Court or any other person.

(1B)If subsection (1) (a) or (c) applies—the court may—

(a)order a pre-sentence report in relation to the offender; and

(b)adjourn the proceeding for the report to be prepared; and

(c)order the director general to provide a copy of the report to the court or any other person.

NoteIf a form is approved under the Court Procedures Act 2004 for an order under this section, the form must be used (see that Act, s 8 (2)).

[1.3]Section 45

omit

[1.4]Dictionary, definition of pre-sentence report

substitute

pre-sentence report means a report—

(a)for use in a criminal proceeding; and

(b)prepared by the director-general.

Part 1.2Supreme Court Act 1933

[1.5]Section 68B (1) (c) (i) and (ii)

substitute

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

(ii)any time limit prescribed under the rules; and

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 10 May 2012.

2. Notification

   Notified under the Legislation Act on 13 June 2012.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Courts Legislation Amendment Bill 2012, which was passed by the Legislative Assembly on 5 June 2012.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2012