Criminal Procedure Amendment (Court Costs Levy) Act 2013 (NSW)

An Act to amend the Criminal Procedure Act 1986 to impose a court costs levy on persons convicted of offences in certain summary proceedings; and for other purposes.

1Name of Act

This Act is the Criminal Procedure Amendment (Court Costs Levy) Act 2013.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

Schedule 1Amendment of Criminal Procedure Act 1986 No 209[1]Section 211A

Insert after section 211:

211AImposition of court costs levy(1)

An accused person who is convicted of an offence in summary proceedings before a court is, by virtue of the conviction, liable to pay a court costs levy that is of the amount prescribed by the regulations.

(2)

However, a court costs levy is not payable in relation to any of the following:

• (a)

  a conviction resulting in the imposition of a sentence of imprisonment (unless the execution of the sentence is suspended by the court),

• (b)

  an order under section 10 (1) (a) of the Crimes (Sentencing Procedure) Act 1999 in relation to an offence that is not punishable by imprisonment,

• (c)

  a finding of guilt in relation to a traffic offence (within the meaning of section 210 of this Act) by the Local Court when dealing with the accused person under Division 4 of Part 3 of the Children (Criminal Proceedings) Act 1987,

• (d)

  a conviction in proceedings before the Drug Court,

• (e)

  a conviction that the regulations exempt from liability to pay the levy.

(3)

A convicted person who is under the age of 18 years is not liable to pay the court costs levy if the court directs that the person is exempt from liability to pay the levy in respect of the conviction. Such a direction may be made when the court convicts the person, or at any time afterwards.

(4)

The court costs levy is in addition to, and does not form part of, any pecuniary penalty imposed in respect of the offence.

(5)

The court costs levy is to be paid to the registrar of the court. The registrar is to pay the levy to the prosecutor if court costs have been paid by the prosecutor in respect of the proceedings.

(6)

The commencement of any proceedings by way of appeal against, or review of, a conviction in respect of which the court costs levy has been imposed on a person stays the liability of the person to pay the levy. In such a case:

• (a)

  the setting aside of any such conviction annuls that liability, and

• (b)

  the dismissal of any such proceedings removes the stay of liability.

(7)

To avoid doubt, this section extends to:

• (a)

  proceedings conducted in the absence of the accused person, and

• (b)

  proceedings in which a person who was under the age of 18 years when an offence was allegedly committed pleads guilty to, or is found guilty of, an offence in proceedings before a court, but not if the person is dealt with under Division 4 of Part 3 of the Children (Criminal Proceedings) Act 1987.

(8)

In this section, a reference to a person being convicted includes a reference to an order being made in relation to the person under section 10 of the Crimes (Sentencing Procedure) Act 1999.

Note 1—

This section does not apply in respect of criminal proceedings before the Children’s Court (see section 27 (2A) of the Children (Criminal Proceedings) Act 1987). Section 42A of that Act provides for the Children’s Court to make orders regarding court costs at its discretion.

Note 2—

Section 4 of the Fines Act 1996 provides that a court costs levy payable under this section is, for the purposes of that Act, taken to be a fine imposed by the court that convicted the person or found the person guilty.

[2]Section 215 When professional costs may be awarded to prosecutor

Omit section 215 (1) (b) and (2).

[3]Section 215 (4)

Insert “under Division 4 of Part 3 of the Children (Criminal Proceedings) Act 1987 or” after “made”.

[4]Section 215 (4)

Omit “that section”. Insert instead “the relevant section”.

[5]Schedule 2 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Criminal Procedure Amendment (Court Costs Levy) Act 2013

[6]Schedule 2

Insert at the end of the Schedule with appropriate Part and clause numbers:

PartProvisions consequent on enactment of Criminal Procedure Amendment (Court Costs Levy) Act 2013

The amendments made by the Criminal Procedure Amendment (Court Costs Levy) Act 2013 extend to proceedings commenced but not finally determined immediately before the commencement of the amendments.

(1)

The Minister is to ensure that the operation of the amendments made by the Criminal Procedure Amendment (Court Costs Levy) Act 2013 are reviewed to determine whether the policy objectives of those amendments remain valid and whether the relevant terms of this Act remain appropriate for securing those objectives.

(2)

The review is to be undertaken as soon as possible after the period of 12 months from the date of commencement of section 211A.

Schedule 2Consequential amendment of other ActsChildren (Criminal Proceedings) Act 1987 No 55[1]Section 27 Application of Criminal Procedure Act 1986 and other Acts

Insert after section 27 (2):

(2A)

Despite subsection (2), section 211A of the Criminal Procedure Act 1986 does not apply in respect of criminal proceedings before the Children’s Court.

[2]Section 42A

Insert after section 42:

42AChildren’s Court may make orders regarding court costs(1)

The Children’s Court may, at the end of summary proceedings in which a person is found guilty of an offence, order that the person pay court costs.

(2)

Court costs ordered to be paid under this section are in addition to, and do not form part of, any pecuniary penalty imposed in respect of the offence.

(3)

The court costs are to be paid to the registrar of the court. The registrar is to pay the costs to the prosecutor if court costs have been paid by the prosecutor in respect of the proceedings.

(4)

The amount of court costs ordered to be paid under this section cannot exceed the amount of the court costs levy that would be payable under section 211A of the Criminal Procedure Act 1986 if that section applied to the offence.

(5)

An order for the payment of court costs by a person may be included in any order made under section 33 in relation to the person.

(6)

This section applies to all summary proceedings before the Children’s Court, including proceedings conducted in the absence of the accused person.

(7)

This section applies to summary proceedings before the Local Court relating to a traffic offence in which a person is dealt with under Division 4 (by virtue of section 210 of the Criminal Procedure Act 1986) in the same way as it applies to proceedings before the Children’s Court.

(8)

This section does not apply to a finding of guilt that the regulations exempt from the operation of this section.

(9)

An order made by a court under this section for the payment of costs is taken to be a fine within the meaning of the Fines Act 1996.

[3]Schedule 2 Savings and transitional provisions

Omit clause 1 (1). Insert instead:

(1)

The regulations may contain provisions of a savings or transitional nature consequent on the enactment of any Act that amends this Act.

[4]Schedule 2, Part 18

Insert after Part 17:

Part 18Criminal Procedure Amendment (Court Costs Levy) Act 201331Application of amendments

Sections 27 (2A) and 42A extend to proceedings commenced but not finally determined immediately before the commencement of those provisions.

Fines Act 1996 No 99[1]Section 4 Meaning of “fine”

Insert after section 4 (1) (d):

(d1)

any court costs levy payable under section 211A of the Criminal Procedure Act 1986 in proceedings for an offence, or

[2]Section 4 (2A)

Omit the subsection. Insert instead:

(2A)

For the purposes of this Act:

• (a)

  a compensation levy is taken to be a fine imposed by the court by which the person liable to pay the levy was convicted, and

• (b)

  a court costs levy payable under section 211A of the Criminal Procedure Act 1986 is taken to be a fine imposed by the court by which the person liable to pay the court costs levy was convicted or found guilty.