Crimes Amendment Act 2004 (ACT)

Crimes Amendment Act 2004

A2004-16

Contents

Page

Part 1Preliminary

1. Name of Act  2

2. Commencement  2

Part 2Crimes Act 1900

1. Legislation amended—pt 2  3

2. Definitions for pt 13

   
   

   Section 300, new definitions  3

3. Nature and conduct of special hearing

   
   

   Section 316 (9) (c)  3

4. Verdicts available at special hearing

   
   

   Section 317 (1)  3

5. Section 317 (3)  4

6. Section 317 (4)  4

7. Non-acquittal at special hearing—non-serious offence

   
   

   Section 318 (1) (b) (i)  4

8. Non-acquittal at special hearing—serious offence

   
   

   Section 319 (1) (b) (i)  5

9. New section 319A  5

10. Fitness to plead—Magistrates Court

    
    

    Section 335 (2) (b)  6

11. Section 335 (4) (b)  6

12. Section 335 (7)  6

13. New section 335A  7

14. New division 13.7  7

Part 3Mental Health (Treatment and Care) Act 1994

1. Legislation amended—pt 3  9

2. Section 69  9

3. Service of determinations and recommendations

   
   

   Section 71  11

Crimes Amendment Act 2004

A2004-16

An Act to amend the Crimes Act 1900, and for other purposes

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

Part 1Preliminary

1. Name of Act

   This Act is the Crimes Amendment Act 2004.

2. Commencement

   This Act commences on the day after its notification day.

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

Part 2Crimes Act 1900

1. Legislation amended—pt 2

   This part amends the Crimes Act 1900.

2. Definitions for pt 13
   Section 300, new definitions

   insert

   alternative offence, for an offence, means an offence available as an alternative to the offence.

   conduct—see the Criminal Code, section 13.

   engage in conduct—see the Criminal Code, section 13.

3. Nature and conduct of special hearing
   Section 316 (9) (c)

   omit

   committed the acts that constitute the offence

   substitute

   engaged in the conduct required for the offence charged (or an alternative offence)

4. Verdicts available at special hearing
   Section 317 (1)

   omit

   committed the acts that constitute the offence charged

   substitute

   engaged in the conduct required for the offence charged (or an alternative offence, if not satisfied in relation to the offence charged)

5. Section 317 (3)

   omit

   committed the acts that constitute the offence charged

   substitute

   engaged in the conduct required for the offence charged (or an alternative offence, if not not satisfied in relation to the offence charged)

6. Section 317 (4)

   substitute

7. If, at a special hearing, the jury (or, if the special hearing is by a single judge without a jury, the judge) is satisfied beyond reasonable doubt that the accused engaged in the conduct required for the offence charged (or an alternative offence, if not satisfied in relation to the offence charged), the finding—

   (a)is not a basis in law for recording a conviction for the offence charged (or an alternative offence); and

   (b)except as provided in section 319A (Action if accused becomes fit to plead after special hearing), bars further prosecution of the accused for any offence in relation to the conduct.

8. Non-acquittal at special hearing—non-serious offence
   Section 318 (1) (b) (i)

   omit

   committed the acts that constitute the…