Crimes and Courts Legislation Amendment Act 2005 (NSW)

An Act to make miscellaneous amendments relating to bail, courts and law enforcement; and for other purposes.

1Name of Act

This Act is the Crimes and Courts Legislation Amendment Act 2005.

2Commencement(1)

This Act commences on the date of assent to this Act, except as provided by this section.

(2)

Schedules 1, 2 and 6 commence on the date of assent to this Act or 6 December 2005, whichever is the later.

(3)

Schedule 3 commences on the date of assent to this Act or the commencement of section 18B of the Drug Court Act 1998, whichever is the later.

(4)

Schedules 5 [1]–[7] and 7 commence on the date of assent to this Act or 1 December 2005, whichever is the later.

(5)

Schedule 5 [8] commences on a day to be appointed by proclamation.

3Amendment of Acts and regulation

The Acts and regulation specified in Schedules 1–7 are amended as set out in those Schedules.

Schedules 1, 2

(Repealed)

Schedule 3Amendment of Drug Court Act 1998 No 150

(Section 3)

[1]Section 18B Courts to refer eligible convicted offenders to Drug Court (as inserted by the Compulsory Drug Treatment Correctional Centre Act 2004 No 42)

Insert after section 18B (2):

(2A)

The duty imposed on a court by this section does not apply to a court on determining an appeal (an appeal court) if the person whose sentence is confirmed in the appeal is already the subject of a compulsory drug treatment order as a consequence of a referral made to the Drug Court by the court that imposed the sentence confirmed by the appeal court.

(2B)

However, if the person whose sentence is confirmed by the appeal court is not already the subject of a compulsory drug treatment order, the duty imposed by this section applies to the appeal court, whether or not the court that imposed the sentence confirmed by the appeal court referred the person to the Drug Court under this section.

[2]Section 18B (5) and (6)

Insert after section 18B (4):

(5)

No appeal lies against a court’s decision to refer or not to refer a person to the Drug Court for a determination as to whether the person should be the subject of a compulsory drug treatment order.

(6)

For the purposes of this section, an appeal includes an application for annulment of sentence in so far as it relates to a decision referred to in subsection (5).

[3]Schedule 2 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Crimes and Courts Legislation Amendment Act 2005

Schedules 4–7

(Repealed)