Crimes Legislation (Unsworn Evidence) Amendment Act 1994 (NSW)
CRIMES LEGISLATION (UNSWORN EVIDENCE)
AMENDMENT ACT 1994 No. 26
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Commencement
3. Amendment of Crimes Act 1900 No. 40
4. Amendment of Mental Health (Criminal Procedure) Act 1990 No. 10
SCHEDULE l—AMENDMENT OF CRIMES ACT 1900
SCHEDULE 2—AMENDMENT OF MENTAL HEALTH (CRIMINAL PROCEDURE) ACT 1990
CRIMES LEGISLATION (UNSWORN EVIDENCE)
AMENDMENT ACT 1994 No. 26
NEW SOUTH WALES
Act No. 26, 1994
An Act to abolish the right of an accused person to give unsworn evidence or to make unsworn statements in criminal proceedings and to make consequential amendments to the Crimes Act 1900 and the Mental Health (Criminal Procedure) Act 1990. [Assented to 30 May 1994]
Crimes Legislation (Unsworn Evidence) Amendment Act 1994 No. 26
The Legislature of New South Wales enacts:
Short title
1. This Act may be cited as the Crimes Legislation (Unsworn
Evidence) Amendment Act 1994.
Commencement
2. This Act commences on a day or days to be appointed by
proclamation.
Amendment of Crimes Act 1900 No. 40
3. The Crimes Act 1900 is amended as set out in Schedule 1.
Amendment of Mental Health (Criminal Procedure) Act 1990 No. 10
4. The Mental Health (Criminal Procedure) Act 1990 is amended as set
out in Schedule 2.
SCHEDULE 1—AMENDMENT OF CRIMES ACT 1900
(Sec. 3)
(1) Section 404A:
Before section 405, insert:
Abolition of an accused’s right to make unsworn statement or to give unsworn evidence
404A. (1) Any rule of law or procedure or practice permitting a person who is charged with the commission of a criminal offence to make an unsworn statement or to give unsworn evidence in answer to the charge is abolished.
(2) Nothing in this section prevents a person from giving unsworn evidence under Part 6 of the Oaths Act 1900.
(2) Section 405 (Address to jury by accused):
From section 405 (l), omit “make any statement at the close of the case for the prosecution, and before calling any witness in his defence, without being liable to examination thereupon by counsel for the Crown or by the Court and”. From section 405 (l), omit “may,”.
From section 405 (3), omit “or unsworn statement”. Crimes Legislation (Unsworn Evidence) Amendment Act 1994 No. 26
SCHEDULE 1—AMENDMENT OF CRIMES ACT 1900—continued
(3) Section 405A (Notice of alibi):
From section 405A (l) , omit “or assert in any statement made by him under section 405 (1) that he has an alibi”.
(4) Section 409C (Limitation on dock statements in certain sexual
offence proceedings):
Omit the section.
(5) Eleventh Schedule (Savings and transitional provisions)
After Part 4, insert:
Part 5—Crimes Legislation (Unsworn Statements)
Amendment Act 1994
Application of abolition of accused persons’s right to give unsworn evidence or to make unsworn statement
13. Section 404A, and the amendments to sections 405, 405A and 409C made by the Crimes Legislation (Unsworn Evidence) Amendment Act 1994, apply to the trial of a person charged with an offence on or after the commencement of that section and those amendments.
SCHEDULE 2—AMENDMENT OF MENTAL HEALTH
(CRIMINAL PROCEDURE) ACT 1990
(Sec. 4)
(1) Section 26 (Nature and conduct of special hearing):
From section 21 (3) (d), omit “or to make an unsworn statement”.
(2) Section 41:
After section 40, insert:
Savings and transitional provisions41. Schedule 1 has effect.
Crimes Legislation (Unsworn Evidence) Amendment Act 1994 No. 26
SCHEDULE 2—AMENDMENT OF MENTAL HEALTH
(CRIMINAL PROCEDURE) ACT 1990—continued
(3) Schedule 1:
At the end of the Act, insert:
SCHEDULE 1—SAVINGS AND TRANSITIONAL
PROVISIONS
(Sec. 41)
Application of abolition of accused person’s right to make
unsworn statement
1. The amendment to section 21 made by the Crimes Legislation (Unsworn Evidence) Amendment Act 1994 applies to a special hearing conducted in respect of an offence with which a person is charged on or after the commencement of the amendment.
[Minister’s second reading speech made in— Legislative Council on 13 April 1994 Legislative Assembly on 21 April 1994 a.m.]
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