Justices Act Amendment Act 1968 (WA)
| 1968.] | Justices. | [No. 22. |
JUSTICES.
No. 22 of 1968.
AN ACT to amend the Justices Act, 1902-1967.
[Assented to 16th October, 1968.]
BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—
Short title
| 1. (1) This Act may be cited as the Justices Act Amendment Act, 1968. | and citation. |
| Reprinted as |
| In this Act the Justices Act, 1902-1967, is referred to as the principal Act. | approved the 30th |
| November, 1967. | |
| (3) The principal Act as amended by this Act may be cited as the Justices Act, 1902-1968. |
(2)
| No. 22.] | Justices. | [1968. |
8. 4
| amended. | 2. Section four of the principal Act is amended |
| (a) | by deleting the interpretation, "Clerk of Petty Sessions"; |
| (b) | by adding, after the interpretation, "Keeper of a Gaol", the following interpre- tation |
"Magistrate" means a Stipendiary Magistrate appointed and holding office, whether temporarily or permanently, under the Stipendiary Magistrates Act, 1957, the Interpre- tation Act, 1918, or the Public Service Act, 1904; ;
and
| (c) | by deleting the interpretation, "Resident Magistrate". |
8. 11
| repealed. | 3. Section eleven of the principal Act is repealed. |
| 8.18 |
| emended. | 4. Section twelve of the principal Act is amended by deleting the words, "Police or Resident", in line four. |
| 8.16 | |
| amended. | 5. Section sixteen of the principal Act is amended by deleting the words, "Police or Resident", in line ten. |
| S. 19 |
| repealed and | 6. Section nineteen of the principal Act is |
| re-enacted. | repealed and re-enacted with amendments, as follows- |
| Certain |
| signatures | 19. (1) The words, "Stipendiary Magis- |
| to be |
| Prima facie | trate", or the letters "S.M.", and the words, |
| authentic. | "Justice of the Peace", or the letters, "J.P.", following the signature to a magisterial act, are respectively prima facie evidence of the signature being that of a Magistrate or Justice having jurisdiction in the matter to which the magisterial act relates. |
| 1968.] | Justices. | [No. 22. |
(2) The words, "Clerk of Petty Sessions", or the letters, "C.P.S.", following the signature to a document capable of being issued by a clerk of petty sessions under this Act are prima facie evidence that the signature is that of a clerk of petty sessions duly appointed for the Magisterial District in which the document was issued. .
7. The principal Act is amended by adding, after 2015,1
section twenty-five, the following section-
Clerks of
| 25A. The Minister may appoint a person to the office of clerk of petty sessions for a | Petty |
| Sessions. | |
| magisterial district and may appoint such number of clerks of petty sessions for each magisterial district as may, in his opinion, be necessary for the due administration of this Act. . |
| 8. Section twenty-seven of the principal Act is amended | 8.27 |
| amended. |
| (a) | by adding after the section number, "27.", the subsection designation, "(1)"; |
| (b) | by adding after the word, "may", in line two, the passage, ", subject to subsection (2) of this section,"; and |
(c) by adding the following subsection
(2) Where a warrant of execution or commitment is not issued within the period of twelve months after the final hearing and determination of a case, such a warrant shall not, except for the enforcement of an order for the making of periodical payments, issue without the leave of a Magistrate. .
9. Section twenty-eight of the principal Act is amended.
amended by adding, after the word, "may", in line three, the passage, ", subject to section twenty- seven of this Act," .
| No. 22.] | Justices. | [1968. |
8. 30
| amended. | 10. Section thirty of the principal Act is |
amended
| (a) | by substituting for the words, "police or resident magistrate", where occurring in lines three and four of the first proviso, the word, "Magistrate", in both cases; and |
| (b) | by deleting the words, "Police or Resident", in line two and, again, in lines three and four of the second proviso. |
Sub-heading
| to S. 33 | 11. The sub-heading immediately preceding section thirty-three of the principal Act is amended by deleting the words, "Police and Resident". |
| amended. | |
| S.33 | |
| amended. | 12. Section thirty-three of the principal Act is amended |
| (a) | by deleting the words, "Police Magistrate and every Resident", in line one; and |
| (b) | by deleting the second paragraph, com- prising lines seven, eight and nine. |
S. 34
| amended. | 13. Section thirty-four of the principal Act is |
amended
| (a) | by substituting for the words, "the Police or Resident Magistrate acting in such place", in lines four and five, the words, "a Magistrate"; and |
| (b) | by substituting for the words, "such Police or Resident", in line six and, again, in lines eleven and twelve, the word, "a", in each case. |
S. 40
| amended. | 14. Section forty of the principal Act is amended by substituting for the words, "any Police or Resident", in line eight, the word, "a". |
| S. 56 | |
| amended. | 15. Section fifty-six of the principal Act is amended by substituting for the words, "the police or resident magistrate", in line one of the proviso. the words, "a Magistrate". |
| 1968.] | Justices. | [No. 22. |
16. Section ninety-four A of the principal Act is f8mgied.
amended by deleting the words, "Police or
Resident", in line four.
17. Section one hundred and eleven of the amended
principal Act is amended by deleting the words, "Police or Resident", in lines eighteen and nineteen.
| principal Act is amended by deleting the word, amended | 18. Section one hundred and sixteen of the 8.116 |
"with", in line three.
19. Section one hundred and seventeen of the Emended.
principal Act is amended by deleting the words,
"Police or Resident", in line seven.
8. 119
| Section one hundred and nineteen of the principal Act is amended by deleting the words, "Police or Resident", in line three. | amended. |
| S. 121A | |
| 21. The principal Act is amended by adding, after section one hundred and twenty-one, the following section- | added. |
20.
| 121A. Where the recognisance of a person put upon his trial and admitted to bail is neirn-ces. | variation of |
g
conditioned upon that person's appearance at the time and place of the first day of the sitting or session at which he is to be tried, the Clerk of Arraigns or, as the case may be, the Clerk of the Court of Session may, by notice served personally on that person and on his surety or sureties (if any) or by notice sent by prepaid registered post to him and to his surety or sureties (if any), each at his last known place of residence or business address, fix some other and later time for the person's appearance and the recognisance shall, thereupon, be deemed to be conditioned upon his appearance in accordance with the notice. .
| No. 22.] | Justices. | [1968. |
S. 133
Section one hundred and thirty-three of the
principal Act is repealed and the heading immedi-
ately preceding that section is deleted.
22.
repealed.
S. 135
Section one hundred and thirty-five of the
principal Act is repealed and re-enacted with
amendments, as follows-
| repealed and | 23. |
re-enacted.
Hearings in
| the absence | 135. (1) Where, at the time and place |
| of defendant. |
appointed by the summons for the hearing and determining of a complaint of a simple offence, the defendant does not appear when called and due service of the summons, within a reason- able time before that appointed for his appearance, is proved as provided by section fifty-six, fifty-six A or fifty-seven of this Act, the Justices may
| (a) | proceed to hear and determine the complaint, in the absence of the defendant; or |
| (b) | adjourn the hearing of the complaint and issue their warrant to apprehend the defendant and to bring him before Justices to answer the complaint and to be further dealt with according to law. |
(2) Where the Justices proceed to hear and determine the complaint in the absence of the defendant, then
(a) if the complaint is of a simple offence
against-
(i) the Traffic Act, 1919;
(ii) any other Act prescribed for the purposes of this subsection; or
(iii) any regulation, rule, by-law or order made under an Act such as is mentioned in subparagraph (i) or (ii) of this paragraph,
| 1968.] | Justices. | [No. 22. |
the Justices may receive affidavits of evidence in support of the matters alleged in the complaint and may determine the complaint on the evidence so received; and
| (b) | the Justices shall not impose a sentence of imprisonment in respect of an offence that is a matter of the complaint until the defendant is before them, in person, for which purpose they may issue their warrant. |
(3) Where a person is apprehended under a warrant issued pursuant to this section, he shall be detained in safe custody, until he can be brought before Justices at a time and place of which the complainant has had due notice. .
24. Section one hundred and thirty-six of the ?eagled.
principal Act is repealed.
| Section one hundred and thirty-six A of the principal Act is amended | S. 136A |
| amended. |
25.
| (a) | by substituting for the words, "clerk of the court of petty sessions at", in lines seven and eight of subsection (1), the words, "clerk of petty sessions of the court in"; and |
| (b) | by deleting the words, "of the court" in line two of subsection (2) and, again, in lines one and two of subsection (4). |
| 26. The principal Act is amended by adding, after section one hundred and thirty-six A, the following section- | a 1368 | added. |
| Proceedings |
| 136B. (1) Notwithstanding the provisions of any other Act, where the Justices proceed to | against |
| youngPersons. | |
| hear and determine a complaint against a person who is or, at the material time, was |
| No. 22.] | Justices. | [1968. |
under the age of eighteen years, in the belief that the person is or, at the material time, was of or over that age, the proceedings are not on that account invalidated, the determination shall, subject to subsection (2) of this section, be and remain of full force and effect and anything done pursuant to the determination is lawful.
(2) Where the Justices make a determination such as is mentioned in subsection (1) of this section, a party to the complaint or the Minister may apply to Justices or, if the determination is the subject of an appeal or of an application for an order to review, apply to the court or Judge hearing that appeal or application for an order setting aside the determination; and the Justices, court or Judge shall, if satisfied that the application is well founded, set aside the determination, remit any penalty that may have been imposed and transmit the complaint for hearing and determination to the children's court by which it might have been heard and determined, in the first instance. .
8. 150
| amended. | 27. Section one hundred and fifty of the |
principal Act is amended
| (a) | by adding after the section number, "150.", the subsection designation, "(1)"; and |
| (b) | by substituting for the passage, "Subject as aforesaid and to subsection 6 of section 167,", in lines one and two of the second paragraph, the passage, "(2) Except as provided by subsection (1) of this section and by subsections (6) and (7) of section one hundred and sixty-seven of this Act,". |
8. 155
| amended. | 28. Section one hundred and fifty-five of the principal Act is amended by adding, after the word "may", in line three of subsection (3), the passage, ", subject to section twenty-seven of this Act,". |
| 1968.] | Justices. | [No. 22. |
29. Section one hundred and fifty-eight of the =tied.
principal Act is amended by adding, after the word, "may", in line six, the passage, ", subject to section twenty-seven of this Act,".
30. The sub-heading immediately preceding sob- ecading
| section one hundred and sixty-six of the principal; | sub_tituted. |
| Act is deleted and the sub-heading, "Punishment.", is substituted. |
31. The principal Act is amended by adding, iTareeds.
after section one hundred and sixty-six A, the
following section-
166B. (1) Where the Justices convict a lotregirra
defendant and impose a punishment that is 3=17
contrary to, or fail to impose a punishment in
conformity with, the provisions of the Act
under which the complaint is made, the Justices
may, of their own motion or on the application
of a party to the complaint, after giving the
parties an opportunity of being heard, recall
the order made in that regard and impose a
punishment that is not contrary to, or that is
in conformity with, those provisions.
(2) For the purposes of this section, the term, "punishment", includes a forfeiture, disqualifi- cation and loss or suspension of a licence or privilege; and nothing in this section affects the operation of any provision of Part VIII of this Act. .
32. Section one hundred and sixty-seven of the Va6e7nded
principal Act is amended—
| (a) | by substituting for the words, "three days", in line five of subsection (1), the words, "one day"; and |
| No. 22.] | Justices. | [1968. |
| (b) | by repealing subsection (6) and substi- tuting the following subsection |
(6) Where imposing a sentence on a convicted person, the Justices,—
| (a) | if imposing a sentence of impris- onment, may direct that the imprisonment commence to run from the expiry of any period of imprisonment that the person may then be serving under a warrant of commitment; and |
| (b) | if imposing a monetary penalty, or making an order for the payment of any sum of money (including costs), or doing both those things, in respect of more than one offence, and directing that the person be imprisoned on default of payment of any of them, may direct that the period of imprisonment Served in re- spect of any one default be cumulative on that served in respect of any other. |
(7) Where a person is liable to imprisonment on default of payment of a monetary penalty imposed on him or on default of payment of any other sum of money (including costs) ordered to be paid by him, the Justice issuing his warrant on default may direct that the imprisonment under the warrant com- mence to run from the expiry of any term or period of imprisonment that the person may then be serving. .
S. 169
| repealed. | 33. Section one hundred and sixty-nine of the |
principal Act is repealed.
| 1968.] | Justices. | [No. 22. |
| 34. | Section one hundred and eighty-four of the si lay | amended. |
principal Act is amended by substituting for the words, "the Court of Petty Sessions at", in line five, the words, "petty sessions of the court in".
35. Section one hundred and eighty-seven of the amended.
principal Act is amended by substituting for the words, "police or resident magistrate", in lines five and six of the second proviso, the word, "Magistrate".
36. Section one hundred and ninety-two of the =Idea.
principal Act is amended by substituting for the words, "the Court from whose decision", in lines four and five, the words, "petty sessions of the court from which".
37. Section two hundred of the principal Act amended.
is amended by deleting the words, "Police or
Resident", in line four of the proviso.
38. The Fourth Schedule to the principal Act is Schedule
amended by deleting the words, "Police or Resident", amended.
in every case, where occurring in Forms 33, 36, 37,
38 and 39.
39. The Seventh Schedule to the principal Act Schedule
deleted.
is deleted.
Sections twenty-four and twenty-five of the ni3.19 Justices Act Amendment Act, 1919, (No. 19 of 1919) amended. are repealed.
40.
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