Crimes (Amendment) Act 1955 (NSW)

CRIMES (AMENDMENT) ACT.

Act No. 16, 1955.

An Act to amend the Crimes Act, 1900, the Justices Act, 1902, and certain other Acts in certain respects; and for purposes connected therewith. [Assented to, 14th April, 1955.]

BE it enacted by the Queen's Most Excellent Majesty, by and with, the advice and consent of the Legis-	lative Council and Legislative Assembly of New South
Wales in Parliament assembled, and by the authority of the same, as follows :—

1 . This Act may be cited as the ' ' Crimes (Amendment)

Act, 1955."

2 . The Crimes Act, 1900, as amended by subsequent

Acts, is amended—

(a)	by inserting in subsections one and two of sec- tion 52A after the words "motor vehicle" the words ' ' or through the impact of a motor vehicle with any vehicle or other object in, on or near which the person was at the time of impact and in either case the motor vehicle was at the time
of impact ' ' ;
(b)	by inserting in subsection four of the same sec- tion after the word "offence" where thirdly occurring the words "under this Ac t " ;
(c)	by inserting at the end of the same section the following new subsection:—
(7) Without limiting the generality of the meaning of the expression "object", that

expression, in subsections one and two of this

section, includes animal, building and structure.

3. The Crimes Act, 1900, as amended by subsequent

Acts, is fu r the r amended—

(a) by inserting next after section eighty-one the following new sect ions:—

81A. Whosoever , being a male person, in pub­ lic or pr iva te , commits, or is a p a r t y to the commission of, or p rocures or a t t empts to p rocure the commission by any male person of, any act of indecency with another male person shall be liable to impr isonment for two years .

81B. (1) Whosoever , being a male person, in any public place—

(a )	solicits or inc i tes ; or
(b)	a t t emp t s to solicit o r incite,

in any manne r whatsoever any male person to commit o r to be a p a r t y to the commission of a n y offence unde r section seventy-nine, eighty- one or 81A of this Act shall be liable to imprison­ ment for twelve months .

(2) A person shall not be convicted of an offence under this section upon the tes t imony of one witness only, unless such tes t imony is cor robora ted by some other ma te r i a l evidence implicat ing the accused in the commission of the offence.

(3) This section does not exempt any person from any proceeding for an offence which is punishable a t common law, but so tha t no person shall be punished twice for the same

offence.
(4) An offence under this section shall no t be prosecuted and punished under the Crimes
P reven t ion Act , 1916.
(b)	by inserting next after section three hundred and seventy-nine the following new sect ions:—

379A. In an indictment for an offence under section seventy-nine, eighty or eighty-one of this Act, a count may be added for an offence unde r section 81A of this Act.

379B.

379B. I n an indictment for an u n n a t u r a l crime,

or an a t t empt to commit the same, counts m a y be added under both section three hundred and seventy-nine and section 379A of this Act.

(c) by omitting from subsection one of section four hundred and eighteen the words " o r e igh ty -one" and by inser t ing in lieu thereof the words , figures and le t ters "e ighty-one , 81A or 81B";

(d) by inser t ing in p a r a g r a p h (f) of section four

hundred and seventy-seven af ter the word "sec­ t i o n s " where secondly occurr ing the figures and le t ters "81A, 81B,";

(e)	by omitting section four hundred and seventy- eight and by inser t ing in lieu thereof the
following sect ion:—

478. W h e r e under the provis ions of this Chap te r any person pleads guil ty to or is con­ victed of an offence ment ioned in section four hundred and seventy-seven of this Act, he shall—

(a)	where the offence is an offence under section 81B of this Act, be liable to
impr isonment for six months ;
(b)	where the offence is an offence under section 81A of this Act, be liable to
impr isonment for twelve m o n t h s ;
(c)	in any other case, be liable to imprison­ ment for twelve months , or to a fine of fifty pounds, or if he is in the opinion of the Jus t ice , or Jus t ices , under sixteen yea r s of age, to impr isonment for three months , or to a fine of ten pounds.

4. The Crimes Act, 1900, as amended by subsequent

Acts , is fu r ther amended—

(a) (i) by omit t ing from subsection two of section 360A the words " e m p o w e r i n g the prose­ cutor appoin ted under section five hundred and seventy-two of th is Act to prefer a bill for the offence named in the order or for such o ther offence as such prosecutor shall deem p r o p e r " and by inser t ing in lieu thereof the words " a u t h o r i s i n g an indict­ ment to be filed for the offence named in t h e order or for such o ther offence as t h e At torney-Genera l or any other person author ised by law to prosecute indictable

offences shall deem p r o p e r " ;

(ii)   by inserting at the end of the same section the following new subsection :—

(7) F o r the avoidance of doubt it is here­ by declared t h a t for the purposes of th is section " ind ic tab le offence" means an offence punishable on indictment a t common law or under any Act or Imper i a l Act.

(b)	by inser t ing in p a r a g r a p h (a) of subsection one of section four hundred and nine after the word " e v i d e n c e " the words " , or is absent from the
Commonweal th of A u s t r a l i a " ;
(c)	by inserting next after section four hundred and for ty the following shor t heading and new sect ion:—
Power to fine in certain cases.

440A. W h e r e a person is convicted on indict­ ment of an offence ment ioned in section four hundred and seventy-seven of this Act and the evidence before the Cour t is such tha t if—

(a)	that person had been charged before
a Jus t i ce or Jus t ices wi th t h a t offence;

and

(b)	the same evidence had been given
before the Jus t i ce or Jus t ices ,

the

the Jus t ice or Jus t ices would, with the consent of tha t person, have had power to hear and determine the charge in a summary manner under Chapte r I of P a r t X I V of this Act, then the Cour t shall have the same power to impose a fine in respect of tha t offence as the Jus t ice or Jus t ices would have had if tha t person had pleaded guil ty to, or been convicted of, the

cha rge p u r s u a n t to tha t Chapter .

Nothing in this section affects any power of t he Cour t to deal with the person so convicted or his p r o p e r t y in any other manner in which the Court , a p a r t f rom this section, has power to deal with him or his p roper ty , but any fine imposed under this section shall be in lieu of a n y per iod of penal servi tude or impr isonment that might otherwise be imposed when sentence is being passed for the offence of which he is so convicted.

Section eighty-two of the Jus t ices Act, 1902- 1955, does not app ly to or in respect of any fine imposed under this section.

(d) by inser t ing next af ter section four hundred and forty-one the following shor t heading and new section:—

Commencement of sentence.

441A. F o r the avoidance of doubt it is hereby declared tha t every sentence passed shall take effect from the time when it is passed, unless the Cour t otherwise directs .

(e) by inserting next after section 447A the follow­

ing shor t heading and new section:—

Taking outstanding charges into account.

447B. (1) W h e r e the Cour t before which a
person is convicted on indictment of an offence

not punishable wi th penal servi tude for life is

satisfied tha t—

(a) there has been filed in court a document in or to the effect of the form contained in the Ninth Schedule to this Act, signed

by

by a member of the police force and by the pe r son so convicted, showing on the back thereof a list of other indictable offences no t punishable with pena l servi tude for life wi th which he has been charged (whether or not he h a s been committed for t r i a l in respect of those other offences);

(b)	a copy of that document has been furnished to the person so convicted; a n d
(c)	in all the circumstances of the case it is
p r o p e r so to do,

the Cour t may, with the consent of counsel for the Crown and before pass ing sentence on the person for the offence of which he has been con­ victed, ask t ha t person whether he admi ts h i s guilt in respect of all or any of the offences specified in the list and wishes them to be taken into account in pass ing sentence upon him.

If the person so convicted admi t s his guilt in respect of all o r a n y of the offences specified in the l ist and wishes them to be taken in to account by the Cour t in pass ing sentence for the offence of which he has been convicted, the Cour t may, if i t thinks fit, take all or any of the offences in respect of which he has so admit ted guilt into account accordingly:

P rov ided tha t the sentence passed in any such

case upon the person so convicted shall no t

exceed the max imum sentence t ha t m a y be	passed in respect of the offence of which he has
been convicted.
(2) The Cour t shall cert ify upon the document filed in court the offences specified in the list on the back thereof tha t have, in respect of the conviction of the person concerned, been taken into account in pass ing sentence upon tha t conviction, and thereaf te r proceedings or fu r ther proceedings upon those offences shall not be
taken agains t t ha t p e r s o n :

P rov ided

Prov ided tha t such proceedings or fur ther proceedings may be taken where t h a t conviction is quashed or set aside.

(3) An admission of guilt under and for the purposes of th is section in respect of an offence shall not be admissible in evidence—

(a)	in any proceedings or further pro­ ceedings taken under the proviso to subsection two of this section; or
(b)	in any proceedings or further proceed­ ings in respect of the offence if the offence was not taken into account under this section in pass ing sentence.

(4) An offence taken into account under and in accordance with this section in pass ing sentence upon any person for ano ther offence of which he has been convicted shall not, by reason of i ts being so taken into account, be r ega rded for any purpose as an offence of which t ha t person has been convicted.

(5) Where the Cour t before which a person was convicted of an indictable offence in pass ing sentence for t ha t offence took into account under and in accordance with this section any other offence or offences, then when­ ever in or in relat ion to any criminal proceed­ ing—

(a)	reference may lawfully be made to the
fact tha t t ha t person was convicted of

the indictable offence reference may

also be made to the fact tha t tha t other offence or those other offences was or were so taken into account ;

(b) evidence may lawfully be given of the fact tha t t ha t person was convicted of the indictable offence, evidence may also be given of the fact tha t tha t other offence or those other offences was or were so taken into account.

The

The fact t ha t tha t other offence or those other offences was or were so taken into account may be proved in the same manner as the conviction for the indictable offence may be proved.

Noth ing in this subsection affects the opera­ tion of subsection four of this section.

(f)	(i)	by inserting at the end of paragraph (d) of section four hundred and seventy-seven the words " e x c e p t where such escape consti­ tu tes an offence aga ins t p r i son discipline within the meaning of P a r t I V of the
P r i sons Act, 1 9 5 2 " ;
(i i)	by inser t ing in p a r a g r a p h ( f ) , as amended
by p a r a g r a p h (d) of section three of this Act, of the same section af ter the figures and le t ter " 8 1 B , " the words " o n e hundred
and thi r teen, one hundred and f o u r t e e n , " ;

(iii) by inser t ing in the same p a r a g r a p h af ter

the words " o n e hundred and s ix ty-n ine , "

the figures and le t te rs "178A, 178B,";

(iv) by inser t ing in the same p a r a g r a p h after

the words " o n e hundred and e igh ty-n ine , "

the figures and le t ter "189A," ;

(g)	by inserting next after section four hundred and seventy-nine the following new section:—
479A. Notwi ths tanding anyth ing contained in this Chapter , a charge aga ins t any pe r son for
Act or for an a t t e m p t to commit any such th i r teen or one hundred and four teen of th is any offence under section one hundred and offence shall not be disposed of summar i ly unde r th is Chap te r if it a p p e a r s to the Jus t i ce or
Jus t i ces hea r ing the charge tha t—

(a)	the acts alleged against the person charged in respect of the offence were such as to give any person reasonable cause to apprehend violence from the
pe r son cha rged ; or

(b)

(b) where the charge is for breaking and enter ing or a t t empt ing to break and enter any premises ment ioned in section one hundred and th i r teen of this Act with intent to commit felony therein or is for being found a t n ight under the following circumstances, t ha t is to say, en ter ing or being in any building with in tent to commit a felony or mis­ demeanour therein, any person was lawfully in or upon those premises or t ha t building a t the t ime when the person charged is alleged to have committed the offence.

(h) by omitting from section four hundred and ninety-nine the words " s h a l l be released from all proceedings, civil or criminal , for the same c a u s e " and by inser t ing in lieu thereof the words and new subsection:—

" s h a l l be released—

(a)	from all criminal proceedings for the same cause ; and
(b)	from all civil proceedings for the same cause a t the suit of the person laying the informat ion in respect of the proceedings for assaul t .

(2) Any person agains t whom civil proceed­ ings have been taken in respect of any act done by him which is an offence of which he might have been convicted under sections four hundred and ninety- three to four hundred and ninety-six both inclusive shall be released from all criminal proceedings for the same cause on the informa­ t ion of the person by whom the civil proceedings
were	t a k e n . "

(i)

(i)	(i)	by inser t ing in p a r a g r a p h (c) of subsection one of section five hundred and one after the words " o n e hundred and fifty-two" the words ' ' , one hundred and seventy-nine, two
hundred and f o r t y - s e v e n " ;
(ii)	by omitting from the same subsection the
words " t e n p o u n d s " and by inser t ing in
lieu thereof the words "f if ty p o u n d s " ;

(j) by omitting from section five hundred and fifty- six the words " o r is d ischarged from his con­ viction by the Jus t ices under section five hundred and fifty-two of this Act, he shall not be liable to any other proceeding for the same c a u s e " a n d by inser t ing in lieu thereof the words and new subsect ion:—

' ' he shall not be l iable—

(a)	to any other criminal proceedings for the same cause ;
(b)	to any civil proceedings for the same cause a t the suit of the person laying the informat ion upon which he was summar i ly convicted under this Act.

(2) Any person aga ins t whom civil proceed­ ings have been taken in respect of any act or th ing done or omit ted to be done by him which is an offence of which he might have been con­ victed summar i ly without consent unde r this Act shall be re leased from all cr iminal proceedings for the same cause on the informat ion of the person by whom the civil proceedings were t a k e n . "

(k) by inserting next after the Eighth Schedule the

following new Schedule:—

N I N T H S C H E D U L E .

Form of list of other indictable offences charged.

Police Depar tmen t ,

Cr imina l Inves t iga t ion Branch ,

Sydney (or

Pol ice S ta t ion . )

T O

indic ted on a charge of

for t r i a l a t t he s i t t ings of the Supreme Cour t at

(or, as the case may be at	Quar t e r
Sessions) commencing on	, 1 9

Memorandum for Accused's Information.

(1) The list on the back hereof gives pa r t i cu la r s of

other alleged offences with which you are charged.

(2) If you are convicted of the charge of first

ment ioned above, you may before sentence is passed, if t h e pres id ing J u d g e so decides and counsel for the Crown consents, admi t all or any of the other offences set out on t he back hereof and ask tha t any of those offences t h a t you have admi t t ed be t aken in to account by t he pres id ing J u d g e in pass ing sentence upon you.

(3) If you are convicted and the pres id ing J u d g e does t ake any of t he other offences tha t you have admi t ted in to account , the m a x i m u m sentence tha t may be imposed upon you will nevertheless be the m a x i m u m sentence for the offence of
first ment ioned above.

(4) N o fur ther proceedings may be taken agains t you in respect of the other offences t aken in to account unless your convict ion for the offence of first ment ioned above is set aside or quashed.

(5) If proceedings are taken in the c i rcumstances ment ioned in

(4) or if the pres id ing J u d g e does no t for any reason take any one or more of the other offences t h a t you have admi t ted in to account , your admission cannot be used as evidence aga ins t you in any proceed­ ings t aken i n the c i rcumstances ment ioned or t aken in respect of the offences not taken i n t o account.

S igna tu re of member of the police force

Da te

S igna tu re of accused acknowledging receipt of copy

of th is d o c u m e n t . . .

D a t e

2 3 6 1 7 5 Certificate,

Certificate.

I n sen tenc ing for t he offence of

th i s day, I have t aken in to account t he following offences alleged aga ins t a n d admi t t ed by h im, t h a t is to say, the offences numbered

i n t he l ist on the back hereof.

D a t e d th is day of , 19

A J u d g e of the Supreme Cour t or a C h a i r m a n of Quar t e r Sessions.

[BACK OF FORM.]

Place where Whether or

Date of Offence(s). not commit­

Number.	offence was	offence.	(Brief description.)	ted for trial!
committed.	Yes or No.

(1) (i) by omit t ing f rom the m a t t e r re la t ing to

P a r t I I I in section one the figures " 8 1 " and by inser t ing in lieu thereof the figures and

le t te r " 8 1 B " ;

(ii) by inser t ing in the m a t t e r re la t ing to P a r t

X I I in the same section af ter the	figures
" 4 4 0 " the	following:—

(8A) Power to fine in certain cases.—s.

440A.

(iii) by inser t ing in the same ma t t e r af ter the

figures	" 4 4 1 " the	following:—
(9A) Commencement	of	sentence.—s.

441A.

(iv)

(iv)   by inserting at the end of the same matter the following:—

(12) Taking outstanding charges into

account,—s. 447B.

5. The Crimes Act, 1900, as amended by subsequent Acts, is fu r ther amended—

(a)	(i)	by omitting from section nine the words ''of
death , o r " ;
(ii)	by omitting from the same section the words " a s a f o r e s a i d " and by inser t ing in lieu thereof the words " b y dea th or penal s e r v i t u d e ' ' ;

(b) by omitting from section nineteen the words "to suffer d e a t h " and by inser t ing in lieu thereof the words " t o penal servi tude for life.

The provis ions of section four hundred and forty-two of this Act shall not be in force with respect to the sentence to be passed under this sec t ion . " ;

(c) by omit t ing from section twenty-seven the

words ' ' to suffer d e a t h ' ' and by inser t ing in lieu thereof the words " t o penal servi tude for l i f e " ;

(d)	by omitting from section twenty-eight the words " t o suffer d e a t h " and by inser t ing in lieu there­
of the words " t o penal servi tude for l i f e " ;

(e) by omit t ing from section sixty-three the words

" t o suffer d e a t h " and by inser t ing in lieu there­
of the words " t o penal servi tude for	l i f e " ;
(f)	by omitting from section sixty-seven the words " t o suffer d e a t h " and by inser t ing in lieu thereof
the words " t o penal servi tude for l i f e " ;
(g)	by omitting from section one hundred and ten the words " t o suffer d e a t h " and by inser t ion in lieu thereof the words " t o penal servi tude for l i f e " ;

(h)

(h)	by omitting from section one hundred and ninety-six the words " t o suffer d e a t h " and by inser t ing in lieu thereof the words " t o penal
servi tude for l i f e " ;

(i)   by omitting from section two hundred and thirty-five the words " t o suffer d e a t h " and by inser t ing in lieu thereof the words " t o penal

servi tude for l i f e " ;
(j)	by omitting from section two hundred and forty the words " t o suffer d e a t h " and by inser t ing in lieu thereof the words " t o penal servi tude
for l i f e " ;
(k)	by omit t ing section four hundred and t h i r t y ;

(1) by omit t ing f rom section four hundred and thi r ty-one the words " , or some offence by this Act or hereaf te r made so p u n i s h a b l e " and by inser t ing in lieu thereof the words " a n d for which no o ther punishment is provided by this A c t . "

6. The Crimes Act, 1900, as amended by subsequent

Acts , is fu r the r amended—

(a) by inser t ing in the definition of " L o a d e d a r m s "

in section four af ter the word " c h a m b e r " the

words " o r m a g a z i n e " ;

(b) (i) by omit t ing from section 154A the words " s h a l l be liable to impr i sonment for three

y e a r s " and by inser t ing in lieu thereof the words " s h a l l be deemed to be guil ty of larceny, and may be convicted thereof upon

an indictment for simple l a r c e n y " ;

(ii)   by omitting from the same section the words and figures " a n d in section 154B";

(c) by omit t ing section 154B ;

(d)

(d)	by inserting in subsection one of section 526A after the word " s h a l l " the words " b e guil ty of
s t a tu to ry larceny and s h a l l ' ' ;
(e)	by inserting next after section five hundred and seventy-seven the following new sect ion:—

578. (1) A n y J u d g e or Cha i rman of Quar t e r

Sessions pres id ing a t the t r i a l of any person for an offence under sections s ixty-three, sixty-five, sixty-six, sixty-seven, sixty-eight, seventy-one, seventy-two, 72A, seventy-three, seventy-four, seventy-six, 78A, 78B, seventy-nine, eighty, eighty-one, 81A, 81B, eighty-six, eighty-seven, eighty-nine, ninety, 91A, 91B, 91C or 91D of this Act may a t any stage of the t r i a l and f rom time to t ime make an o rder forbidding publicat ion of the evidence therein or any repor t or account of t h a t evidence e i ther as to the whole or por t ions

thereof :

Provided tha t if the accused or counsel for the Crown indicates to the J u d g e or Cha i rman t h a t it is desired t ha t any pa r t i cu la r m a t t e r given in evidence should be available for publication, no such order shall be made in respect of tha t ma t t e r .

(2) A n y person who commits a breach of an order made under subsection one of th is section shall, on conviction before two Jus t ices , be liable to a pena l ty of one thousand pounds .

7. (1) The Jus t ices Act, 1902, as amended by

subsequent Acts , is amended—

(a) by inser t ing next af ter section fifty-one the

following shor t heading and new sect ion:— PLEA OF GUILTY IN COMMITTAL PROCEEDINGS. 51A. (1) A person charged before one, or more

than one, Jus t i ce with an indictable offence not punishable with penal servi tude for life may, a t any s tage of the proceedings, plead guil ty to

the

the charge and thereupon the following provi­

sions of this section have effect:—

(a) The Justice or Justices may accept or reject the plea.

The reject ion of a plea of guil ty a t any s tage of the proceedings does not p reven t the accused from pleading guil ty unde r this section a t a la te r s tage of the p ro ­ ceedings and the Jus t ice or Jus t ices have power to accept or reject the plea a t t ha t

l a te r s t a g e ;
(b)	W h e r e the Jus t ice or Jus t i ces reject the plea the proceedings before the Jus t ice or Jus t i ces shall be continued as if the plea
h a d not been m a d e ;
(c)	W h e r e the Jus t i ce or Jus t ices accept the plea, the Jus t i ce or Jus t i ces shall there­ upon commit the accused to such s i t t ings of the Supreme Cour t or such Cour t of Q u a r t e r Sessions as the Jus t ice or Jus t i ces m a y direct to be deal t with as
here inaf ter in this section p rov ided ;
(d)	The Judge of the Supreme Court or the Cha i rman of Qua r t e r Sessions, as the case m a y be, before whom the accused is brought in accordance with this section—

(i)    shall, if it appears to him from the informat ion or evidence given to or

before him tha t the facts in respect

of which the accused was charged before the Jus t i ce or Jus t ices do not suppor t the charge to which the accused pleaded guil ty or if the accused or counsel for the Crown requests tha t an o rder be made under this subpa rag raph , and may, if for any other reason the J u d g e or Chai rman, as the case may be, sees fit so to do, o rder t ha t the

proceedings

proceedings before the Jus t ice or Jus t ices a t which the accused pleaded guil ty be continued a t a t ime and place to be specified in the o r d e r ;

(ii)   unless an order is made under sub­ p a r a g r a p h (i) of this p a r a g r a p h , has the same powers of sentencing or otherwise deal ing with the accused, and of finally disposing of the charge and of all incidental ma t t e r s , as he would have had if the accused on a r r a ignmen t a t any s i t t ings of the Cour t had pleaded guil ty to the offence charged on an indictment filed by the At torney- General .

(2) All proceedings re la t ing to a com­ mi t ta l for t r ia l apply, as near ly as may be, to a committal under p a r a g r a p h (c) of subsection one of this section, and bail m a y be similarly g r a n t e d ; but no person shall be bound over to give evidence on any commit ta l under t h a t pa ra ­

g r a p h unless the committ ing Jus t ice or	Jus t ices
otherwise	order .

(3) W h e r e an order is made by a J u d g e

or Cha i rman under s u b p a r a g r a p h (i) of pa ra ­ g r a p h (d) of subsection one of th is section t ha t proceedings before a Jus t i ce or Jus t ices a t which an accused pleaded guil ty be

continued a t a t ime and place specified

in the order , those proceedings shall be continued in all respects as if the accused had not pleaded guil ty and as if those proceedings had been adjourned by the Jus t ice or Jus t ices to the t ime and place so specified.

Upon the making of any such order the J u d g e
or Cha i rman may exercise any power tha t

the Jus t ice or Jus t i ces might have exercised

under

under section th i r ty-four of this Act it

the order had been an order made by

the Jus t i ce or Jus t ices ad journ ing the

proceedings to the t ime and place so specified; and the provis ions of the said section th i r ty- four app ly to and in respect of the accused.

(4) W h e r e a person has , in respect of any charge to which he has pleaded guil ty under subsection one of this section, been committed under p a r a g r a p h (c) of tha t subsection, the At torney-Genera l m a y in his discretion direct in wr i t ing tha t no fur ther proceedings under this section be taken aga ins t the person so commit ted in respect of tha t charge.

Upon the giving of such direction—

(a)	no further proceedings shall be taken under this section aga ins t the person so committed in respect of tha t cha rge ; and
(b)	the provisions of section three hundred and fifty-eight of the Crimes Act, 1900, as amended by subsequent Acts , apply to and in respect of the person con­ cerned as if he were under committal for t r i a l and the At torney-Genera l had declined to file any informat ion agains t him.

(5) A commit ta l under p a r a g r a p h (c) of

subsection one of this section shall, for all pur­ poses re la t ing to the venue or change of venue of proceedings consequent on tha t committal ,

be deemed to be a commit ta l for t r ia l .

(6) This section does not apply where—

(a) the indictable offence with which the person is charged is an offence mentioned in section four hundred and seventy-seven of the Crimes

Act,

Act, 1900, as amended by subse­ quent Acts , and tha t person pleads guil ty after all conditions pre­ scribed by Chap te r I of P a r t X I V of tha t Act which a re necessary to be complied with in o rder to give jur isdict ion to the Jus t ice or Jus t ices to hear and determine the charge in a summary manne r have been complied wi th ; or

(b) the indictable offence with which the person is charged may be dealt with summar i ly without the con­ sent of the accused and is being so deal t with.

(b)	by inserting next after section one hundred and
fifty-three the following new section:—
153A. (1) When a person is apprehended under a bench w a r r a n t issued by a J u d g e or
a Cha i rman of Qua r t e r Sessions in any

cr iminal proceeding and a s i t t ings of the Cour t out of which the bench w a r r a n t issued is not then being held, any Jus t ice may—

(a)	by w a r r a n t commit tha t person to prison, there to be safely kept unt i l the next sit­ t ings of the Cour t out of which the bench w a r r a n t issued or unt i l he is delivered in due course of law or is admi t ted to bail as here inaf ter in this section p rov ided ; or
(b)	if that person procures and produces a sure ty or suret ies sufficient, in the opinion of the Jus t ice , to ensure his appearance a t the commencement of the next s i t t ings of the Cour t out of which the bench w a r r a n t issued, admi t him to bail.

If tha t person cannot then and there procure
and produce such sure ty or suret ies, the Jus t ice

may certify on the w a r r a n t of commitment his

consent

consent tha t tha t person be admi t ted to bail , s ta t ing the amount of bail t ha t ought to be required.

(2) (a ) The constable or other person to whom a w a r r a n t of commitment is directed by a Jus t i ce under p a r a g r a p h (a) of subsection one of this section shall convey the person com­ mi t ted there in named or described to the p r i son there in mentioned, and there deliver him and the w a r r a n t to the gaoler , keeper or governor of such pr ison, who shall the reupon give the constable or o ther person del ivering such person into his custody a receipt for such person, se t t ing for th the s ta te and condition in which such person was when delivered into the custody of such gaoler , keeper or governor .

(b) If it a p p e a r s to the Jus t ice by

whom a w a r r a n t of commitment is g r an t ed as aforesaid t ha t the pe r son committed has money sufficient to pay the expenses or some p a r t thereof of conveying him to such pr ison, the Jus t ice may order the whole or a sufficient p a r t of such money to be applied to t ha t purpose .

(3) (a ) W h e n a Jus t i ce admits a

person to bail as aforesaid he shall take the recognizance of such pe r son and of the sure ty or suret ies , conditioned t h a t such person shall a p p e a r a t the commencement of the next s i t t ings of the Cour t out of which the bench

w a r r a n t unde r which such pe r son was appre ­

hended was issued, and shall then su r r ende r
and not depa r t the Cour t wi thout leave.

(b) E v e r y recognizance shall be
duly acknowledged by the pe r son who enters
into it, and shall be subscribed by the Jus t i ce .

(c) A notice of every recog­

nizance signed by the Jus t i ce shall a t the same time be given by him to each person bound thereby.

(4)

(4) When a Justice has by warrant committed a person to prison under subsection one of this section and has given such a certifi- cate as is mentioned in that subsection, any Justice being at the prison where such person is in custody, may on production of such certificate admit such person to bail in the manner hereinbefore in this section provided.

(5) Where any person apprehended under any bench warrant is committed to prison or admitted to bail by a Justice under the provi- sions of this section, the Justice shall forthwith transmit a certified copy of the warrant of com- mitment or, as the case may be, the recognizance or recognizances of bail to the Attorney-General.

(c) by omitting from the matter relating to Part IV in section one the figures " 5 1 " and by inserting in lieu thereof the figures and letter " 5 U " .

(2) The Justices Act, 1902, as amended by subsequent Acts and by this Act, may be cited as the Justices Act, 1902-1955.