Justice Amendment (Committals) Act 1996 (NSW)

New South Wales

Justices Amendment (Committals)

Act 1996 No 123

Contents

Page

1	Name of Act	2
2	Commencement	2

3 Amendment of Justices Act 1902 No 27 2

Schedule 1	Amendments	3
New South Wales

Justices Amendment (Committals)

Act 1996 No 123

Act No 123, 1996

An Act to amend the Justices Act 1902 with respect to committal procedure; and for other purposes. [Assented to 3 December 1996]

Section 1 Justices Amendment (Comittals) Act 1996 No 123

The Legislature of New South Wales enacts:

1 Name of Act

This Act is the Justices Amendment (Committals) Act 1996.

2 Commencement

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

3 Amendment of Justices Act 1902 No 27

The Justices Act 1902 is amended as set out in Schedule 1.

Justices Amendment (Committals) Act 1996 No 123

Amendments	Schedule 1
Schedule 1	Amendments

(Section 3)

[ 1 ]        Section 38 Witnesses to be bound over to give evidence at trial

Omit the section.

[2]        Section 39 Documents to be transmitted for trial

Omit “the recognizances entered into by the prosecutor and witnesses, the certificate mentioned in section 38 (1) (b) (ii) (if any),” from section 39 (1).

[3]        Section 41 (6) (a) and (b)

Omit the paragraphs. Insert instead:

(a)	if of the opinion that, on the basis of all the evidence before the Justice or Justices, there is a reasonable prospect that a jury would convict the defendant of an indictable offence—commit the defendant for trial, or
(b)	if not of that opinion-forthwith order the defendant to be discharged as to the information then under inquiry.

[4]        Section 41 (8A)

Insert after section 41 (8):

(8A) For the purposes of committal proceedings, the Justice or Justices must not exclude evidence on any of the grounds set out in Part 3.11 (Discretions to exclude evidence) of the Evidence Act 1995.

Justices Amendment (Committals) Act 1996 No 123

Schedule 1 Amendments

[5]        Section 41 (10)

Insert after section 41 (9):

(10) If a person attends at committal proceedings because the person has been directed under section 48E to attend, the Justice or Justices must not allow the person to be cross-examined in respect of matters that were not the basis of the reasons for giving the direction, unless the Justice or Justices are satisfied that there are substantial reasons why, in the interests of justice, the person should be cross-examined in respect of those matters.

[6]        Section 48E

Omit the section. Insert instead:

48E Direction to witness to attend

( 1 )	For the purposes of committal proceedings, the Justice or Justices may give a direction requiring the attendance at the proceedings of a person who has made a written statement for the purposes of this Subdivision. The direction may be given on the application of the defendant or informant or on the motion of the Justice or Justices.
(2)	The Justice or Justices may give the direction only if
(a) in the case of a witness in proceedings that relate

to an offence involving violence who is the alleged victim of the offence-the Justice or Justices are of the opinion that there are special reasons why, in the interests of justice, the witness should attend to give oral evidence, or

(b) in any other case-the Justice or Justices are of the opinion that there are substantial reasons why,

in the interests of justice, the witness should attend

to give oral evidence.

(3) The Justice or Justices must not give the direction if the written statement has already been admitted as evidence.

Justices Amendment (Committals) Act 1996 No 123

Amendments Schedule 1

A defendant may apply for a direction under subsection (1) only if the defendant has served on the informant,

within such period as the Justice or Justices may direct, a

notice that the defendant wishes the person who made

the statement to attend at the proceedings.

If a direction has been given under subsection (l), the

statement is not admissible as evidence under section 48A in the proceedings, unless the direction has been withdrawn.

A direction given under subsection (1) on the application of a defendant or informant may be withdrawn only on the application, or with the consent, of the applicant.

If the Justice refuses or Justices refuse to give a direction under subsection (l), the Justice or Justices must give reasons for doing so.

The regulations may make provision for or with respect to the determination of special reasons under subsection (2) (a) and the determination of substantial reasons under subsection (2) (b).

offence involving violence means any of the following In this section:

offences (except an offence to the extent that it is listed

in Table 1 to Part 9A of the Criminal Procedure Act

1986):

(a)	a prescribed sexual offence within the meaning of the Crimes Act 1900,
(b)	an offence under sections 27–30 of that Act (attempts to murder),
(c)	an offence under section 33 of that Act (wounding etc with intent to do grievous bodily harm or resist arrest),
(d)	an offence under section 35 (b) of that Act

(infliction of grievous bodily harm),

(e) an offence under sections 86–91 of that Act (abduction or kidnapping),

Justices Amendment (Committals) Act 1996 No 123

Schedule 1 Amendments

(f)	an offence under sections 94–98 of that Act (robbery),
(g)	any other offence that involves an act of actual or threatened violence that is prescribed by the regulations for the purposes of this section.

Section 48EA Prohibition on cross-examination of victim witness without special reasons

Omit the section.

Section 48F Rejection of whole or part of statement

Insert “However, the Justice or Justices must not exclude evidence on any of the grounds set out in Part 3.11 (Discretions to exclude evidence) of the Evidence Act 1995.” at the end of section 48F ( 1).

Section 48GA Time and manner requirements for service of statements and notices

Omit “section 48E (1) (a)” from section 48GA (2).

Insert instead “section 48E (4)”.

Section 51A Effect of plea of guilty in committal proceedings

same way as they may be bound under section 38)’’ from	Omit “(including orders binding persons by recognizance in the
section 51A (1) (e) (iii).
Section 51A (2)
Omit “ ; b u t no person shall be bound over to give evidence on any committal under that paragraph unless the committing Justice or Justices otherwise order”.
Justices Amendment (Committals) Act 1996 No 123
Amendments Schedule 1
[12] Second Schedule Savings, transitional and other provisions

Insert after Part 7:

Part 8 Provisions consequent on enactment of
Justices Amendment (Committals) Act 1996

24 Committal proceedings already started

(1)	An amendment made by Schedule 1 [l], [2], [3], [4], [8], [10] or [11] of the Justices Amendment (Committals) Act 1996 applies from the commencement of the amendment to, or for the purposes of, all committal proceedings (including committal proceedings pending at that commencement).
(2)	The amendments made by Schedule 1 [5], [6], [7] and [9] of the Justices Amendment (Committals) Act 1996 apply to, or for the purposes of, only those committal proceedings in respect of which an information is laid after the commencement of those amendments.

[Minister’s second reading speech made in-

Legislative Assembly on 1 May 1996
Legislative Council on 26 September 1996]