Criminal Code Amendment (Appeals) Act 2004 (TAS)

Criminal Code Amendment (Appeals) Act 2004

An Act to amend the Criminal Code Act 1924 , the Justices Act 1959 and the Sentencing Act 1997

[Royal Assent 27 October 2004]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Criminal Code Amendment (Appeals) Act 2004 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Part, the Criminal Code Act 1924 is referred to as the Principal Act. 4Schedule 1 amended (Criminal Code) Schedule 1 to the Principal Act is amended as follows: (a) by inserting the following subsection after subsection (6) in section 402 : (7)  The Court may dismiss an appeal at any time, either on its own motion or on the application of either party to the appeal, if it is satisfied that – (a) the appellant has failed to take all reasonable steps to prosecute the appeal; and (b) it is necessary or expedient in the interests of justice to do so. (b) by omitting subsection (3) from section 407 and substituting the following subsections: (3)  An appeal by the Attorney-General under section 401(2)(a) , (b) , (d) and (e) is to be brought by the Attorney-General – (a) notifying his or her intention to appeal at any time during the trial or immediately after the verdict in the presence of the accused or his or her counsel and, within 7 days after the conclusion of the trial, giving notice of appeal or of application for leave to appeal in the manner prescribed; or (b) giving notice of appeal or of application for leave to appeal in the manner prescribed within 7 days after the conclusion of the trial. (3A)  An appeal by the Attorney-General under section 401(2)(c) is to be brought by the Attorney-General giving notice of appeal in the manner prescribed at any time within 14 days after sentence. (c) by omitting from section 407(4) "as mentioned in subsection (3) " and substituting "or notice as mentioned in subsection (3) or (3A) "; (d) by inserting the following subsections after subsection (4) in section 407 : (4A)  If the Attorney-General has not notified his or her intention to appeal or given a notice of appeal or a notice of application for leave to appeal under subsection (3) , then, if the relevant time has not expired, the Attorney-General may apply to the Court for an order requiring the accused to enter into a recognisance, with or without sureties, to appear before the Court at a specified time and place. (4B)  The Court must not make an order under subsection (4A) unless the Attorney-General gives an undertaking to give a notice of appeal or a notice of application for leave to appeal within the time specified in subsection (3) . (4C)  An order under subsection (4A) is to lapse and the accused is to be discharged from the recognisance if the Attorney-General has not given the relevant notice under subsection (3) within the time specified in that subsection. (e) by omitting subsections (1) and (1A) from section 415 ; (f) by omitting from section 415(2) "the appellant," and substituting "an appellant who has been sentenced to a term of imprisonment by the court of trial,"; (g) by omitting from section 418(1)(c) "and"; (h) by omitting from section 418(1)(d) "appeal –" and substituting "appeal;"; (i) by inserting the following paragraphs after paragraph (d) in section 418(1) : (e) The power to dismiss an appeal under section 402(7) ; (f) The power to give directions – 5Justices Act 1959 amended Section 121A of the Justices Act 1959 is repealed. 6Sentencing Act 1997 amended Section 16(2) of the Sentencing Act 1997 is amended as follows: (a) by omitting from paragraph (c) "imprisonment; or" and substituting "imprisonment."; (b) by omitting paragraph (d) .

[Second reading presentation speech made in:

House of Assembly on 25 AUGUST 2004

Legislative Council on 13 OCTOBER 2004]