Courts Legislation (Crown Appeals) Amendment Act 1994 (NSW)

COURTS LEGISLATION (CROWN APPEALS) AMENDMENT

ACT 1994 No. 56

NEW SOUTH WALES

TABLE O F PROVISIONS

1. Short title

2.       Commencement

3. Amendment of Children (Criminal Proceedings) Act 1987 No. 55, sec. 42

4 . Amendment of Justices Act 1902 No. 27, sec. 131AA

5.      Application o f Act

COURTS LEGISLATION (CROWN APPEALS) AMENDMENT

ACT 1994 No. 56

N E W S O U T H W A L E S

A c t N o . 56 , 1994

An Act to amend the Children (Criminal Proceedings) Act 1987 and the Justices Act 1902 to enable the Crown to appeal to the District Court in relation to penalties imposed by the Children’s Court. [Assented to 28 September 1994]

Courts Legislation (Crown Appeals) Amendment Act I994 No. 56

The Legislature of New South Wales enacts:

Short title

1. This Act may be cited as the Courts Legislation (Crown Appeals)

Amendment Act 1994.

Commencement

1. This Act commences on a day to be appointed by proclamation.

Amendment of Children (Criminal Proceedings) Act 198’7 No. 55,

sec. 42

3. The Children (Criminal Proceedings) Act 1987 is amended:

(a) by inserting before “In” in section 42 (1) the words “Subject to this Part, Part 5 of the Justices Act 1902 applies to appeals from decisions of the Children’s Court in the same way as it applies to appeals from decisions of a Local Court.”

(b) by omitting section 42 (5).

Amendment of Justices Act 1902 No. 27, sec, 113AA

4. The Justices Act 1902 is amended:

(a) by inserting after section 13 1AA (2) the following subsection:

(2A) Without limiting the definition of “sentence”, for the purposes of this Division a decision within the meaning of section 42 (3) of the Children (Criminal Proceedings) Act 1987 made by the Children’s Court in respect of an offence committed by a person is taken to be a sentence imposed on the conviction of the person, and the person is taken to have been convicted of the offence. This subsection does not affect the application of section 27 of the Children (Criminal Proceedings) Act 1987.

(b)

by inserting in section 131AA (3) after the matter “subsection (2)” Courts Legislation (Crown Appeals) Amendment Act 1994 No. 56

Application of Act

The amendments made by this Act apply only to decisions (within the meaning of section 42 (3) of the Children (Criminal Proceedings) Act 1987) made by the Children’s Court on or after the commencement of the amendments.

5.

[Minister’s second reading speech made in—

Legislative Council o n 21 April 1994
Legislative Assembly o n 4 May 1994 a m . ]