Justices (Amendment) Act 1954 (NSW)

JUSTICES (AMENDMENT) ACT.

Act No. 32, 1954.

An Act to make further provision in relation to the taking and recording of the depositions of witnesses and other persons in proceedings before a justice or justices of the peace or a coroner ; to make further provision in relation to the admissibility in evidence of, and the cross-examination of persons as to, depositions so taken and recorded; to enable costs to be awarded where an order is made under section 556A of the Crimes Act, 1900; for these and other purposes to amend the Justices Act, 1902, the Crimes Act, 1900, the Evidence Act, 1898, the Coroners Act, 1912, and certain other Acts; and for purposes connected therewith. [Assented to, 23rd November, 1954.]

lative Council and Legislative Assembly of New South	BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis­
Wales in Parliament assembled, and by the authority of the same, as follows:—
1 . (1) This Act may be cited as the "Justices (Amendment) Act, 1954."
(2) The Justices Act, 1902, as amended by sub­ sequent Acts and by this Act, may be cited as the Justices Acts, 1902-1954.
(3) The Evidence Act, 1898, as amended by sub­ sequent Acts and by this Act, may be cited as the Evidence Act, 1898-1954. ( 4 )

(4) The Coroners Act, 1912, as amended by sub­ sequent Acts and by this Act, may be cited as the Coroners Act, 1912-1954.

2 . The Justices Act, 1902, as amended by subsequent

Acts, is amended—

(a) (i) by inserting in section three next after the

definition of " J u s t i c e " the following new

definitions:—-

"Prescr ibed" means prescribed by

this Act or the regulations.

"Regulat ions" means regulations made

under this Act.

(ii)   by inserting at the end of the same section the following new subsection:—

(2) (a) Any reference in sections thirty- five, thirty-nine, forty, forty-seven, seventy- three, one hundred and fifteen, one hundred and eighteen and one hundred and nineteen of this Act and in the Third -Schedule to this Act to "deposit ion" or "deposit ions" shall, where the deposition or depositions was or were recorded by any of the means referred to in paragraph (b) of subsection four of section thirty-six or paragraph (b) of subsection four of section seventy of this Act, be read and construed as a reference to a transcript, certified in the manner pre­ scribed, of the deposition or depositions as

hundred and twenty-six of this Act to so recorded. (b) The reference in section one

"deposit ion" where firstly and lastly occurring shall, where the deposition was recorded by any of the means referred to in paragraph (b) of subsection four of section seventy of this Act, be read and construed as a reference to a transcript, certified in the manner prescribed, of the deposition as so recorded.

(b)

(b)	by omitting from subsection two of section thirty-five the words "and the depositions taken before them" and by inserting in lieu thereof the words "and, if the Justice or Justices so directs or direct, the depositions taken before him or them";
(c)	by omitting subsection four of section thirty-six and by inserting in lieu thereof the following subsection:—

(4) (a) Subject to paragraph (b) of this subsection, the deposition of every witness shall be taken down in writing in the presence of the defendant and shall be read over either to or by such witness as the Justice or Justices may direct and be signed by him and by the Justice or Justices.

(b) Where the Justice or Justices directs or direct that the deposition of a witness be recorded by such one of the following means as the Justice or Justices may specify, namely, by means of shorthand, stenotype machine or sound-recording apparatus or by such other means as may be prescribed, the deposition of that witness shall not be taken down in the manner specified in paragraph (a) of this sub­ section but shall be recorded in the presence of the defendant by the means so specified; and, in such case, it shall not be necessary for the

deposition as so recorded to be read or played
over to or by the witness or to be signed by

the witness and the Justice or Justices or for

their signatures to be appended or affixed
thereto.

(d) (i) by omitting from subparagraph (a) of paragraph (i) of subsection four of section forty-one the words "whatever you say will be taken down in wri t ing" and by inserting in lieu thereof the words "whatever you say will be recorded";

(ii)

(ii)   by inserting at the end of paragraph (ii) of

the same subsection the following

proviso:—

Provided that where the Justice or Justices has or have directed that any state­ ment made by the defendant in answer is to be recorded by such one of the means referred to in paragraph (b) of subsection four of section thirty-six of this Act as the Justice or Justices may specify, whatever the defendant then says shall be recorded by the means so specified.

(iii)   by inserting after the word "statement" in paragraph (iii) of the same subsection the words "if taken down in wri t ing";

(iv)  by omitting paragraph (iv) of the same subsection and by inserting in lieu thereof the following paragraph:—

(iv) Such statement—

(a) if taken down in writing, may be given in evidence at the trial of the defendant without further proof unless it be proved that the Justice or Justices by whom it purports to be signed did not in fact sign it;

(b) if in the form of a transcript,

certified in the prescribed manner,

of the record made pursuant to the proviso to paragraph (ii) of this subsection, may be given in evidence at the trial of the defen­ dant if it is proved on oath that the record so made is a true record of the statement made by the defendant and that the transcript is a correct transcript of the record so made.

(e)

(e) by omitting subsection four of section seventy and by inserting in lieu thereof the following subsection:—

(4) (a) Subject to paragraph (b) of this subsection, the deposition of every witness shall be taken down in writing and shall be read over either to or by such witness as the Justice or Justices may direct and be signed by him and by the Justice or Justices.

(b) Where the Justice or Justices directs or direct that the deposition of a witness be recorded by such one of the following means as the Justice or Justices may specify, namely, by means of shorthand, stenotype machine or sound-recording apparatus or by such other means as may be prescribed, the deposition of that witness shall not be taken down in the manner specified in paragraph (a) of this sub­ section but shall be recorded by the means so specified; and, in such case, it shall not be necessary for the deposition as so recorded to be read or played over to or by the witness or to be signed by the witness and the Justice or Justices or for their signatures to be appended or affixed thereto.

(f) (i) by inserting in subsection one of section seventy-three after the word " s h a l l " the words " , on showing sufficient cause to the clerk of the Justice or Just ices.";

(ii)   by omitting from subsection two of the same

in lieu thereof the words "Subject to sub­

section the word " S u c h " and by inserting

section one of this section, such";

(g) by omitting subparagraph (a) of paragraph (2) of section one hundred and twenty-six and by inserting in lieu thereof the following sub­ paragraph :—

(a) (i) where the deposition was taken down in writing, that the deposition was taken in the presence of the other par ty; or

(ii)

(ii)   where the deposition is in the form of a transcript of the record made by any of the means referred to in paragraph (b) of subsection four of section seventy of this Act of the evidence of the witness, that the record so made is a true record of that evidence and was made in the presence of the other party and that the transcript is a correct transcript of the record so made; and;

(h) by inserting next after subsection one of section one hundred and fifty-four the following new subsection:—

(1A) The Governor may make regulations

not inconsistent with this Act—

(a) with respect to—

(i)   the manner of, and the practice to be observed in relation to, the taking and recording of depositions, evidence and state­ ments in proceedings under this Act and the Coroners Act, 1912- 1954, before a Justice or Justices or a Coroner;

(ii) where any such depositions,

evidence or statements are recorded otherwise than in writ­ ing, the making of transcripts of the recordings and the manner of certifying such transcripts;

(b) prescribing any matter permitted to be prescribed by sections thirty-six and seventy of this Act.

3 .

†83921—6

3 . The Crimes Act, 1900, is amended—

(a)	by omitting from subsection one of section four hundred and nine the words "purport ing to be signed by the Justice or coroner by or before whom it purports to have been taken," and by inserting in lieu thereof the words "of a witness ' ' ;
(b)	by omitting from paragraph (a) of the same subsection the words "who made the deposi­ t ion" ;
(c)	by omitting paragraph (b) of the same sub­ section and by inserting in lieu thereof the following paragraph:—

(b) (i) the deposition, if taken down in writing and purporting to be signed by the Justice or coroner by or before whom it purports to have been taken, was taken in the presence of the accused; or

(ii)   where the deposition is in the form of a transcript of the record made, by any means, other than writing, authorised by law for the taking of the deposition, of the matter deposed by the witness in proceed­ ings before a Justice or coroner,

made in the presence of the accused
the record so made is a true record of the matter so deposed and was
and the transcript is a correct transcript of the record so made: and;
(d)	by omitting from the proviso to the same sub­ section the words "no deposition" and by inserting in lieu thereof the words "no such deposition as is referred to in subparagraph (i) of paragraph (b) of this subsection";

(e)

(e) by inserting at the end of the same section the following new subsection:—

(4) The reference in subsection one of this section to "deposit ion" where firstly occurring and any reference in subsections two and three of this section to "deposi t ion" or "deposi t ions" shall, where the deposition or depositions was or were recorded by any means, other than writing, authorised by law for the taking of the deposition or depositions, be read and construed as a reference to a transcript, certified in the manner prescribed by regulations made under the Justices Acts, 1902-1954, of the deposition or depositions as so recorded.

4 . The Evidence Act, 1898, as amended by subsequent Acts, is amended by inserting at the end of section fifty- five the following new subsection:—

(2) Any reference in subsection one of this section to "deposit ion" shall, where the deposition was recorded by any means, other than writing, auth­ orised by law for the taking of the deposition, be read and construed as a reference to a transcript, certified in the manner prescribed by regulations made under the Justices Acts, 1902-1954, of the deposition as so recorded.

5 . The Coroners Act, 1912, as amended by subsequent

Acts, is amended—

(a)

by inserting next after section eight the follow­ ing new section:—

8A. (1) Where a coroner holding any inquest or a justice or justices of the peace holding any inquiry touching the death of any person directs or direct that the deposition of a witness before the inquest or inquiry, as the case may be, be recorded by such one of the following means as the coroner, justice or justices of the peace may specify, namely, by means of shorthand, stenotype machine or sound-recording apparatus or by such other means as may be prescribed by

by regulations made under paragraph (b) of subsection (1A) of section one hundred and fifty- four of the Justices Acts, 1902-1954, the deposition of that witness shall not be taken down in writing but shall be recorded by the means so specified; and, in such case, it shall not be necessary for the witness and for the coroner, justice or justices of the peace, as the case may be, to sign the deposition as so recorded or append or affix their signatures thereto.

(2) Any reference in this Act to "deposi­ t ions" shall, where the depositions were recorded by any of the means referred to in subsection one of this section, be read and con­ strued as a reference to a transcript, certified in the manner prescribed by regulations made under the Justices Acts, 1902-1954, of the depositions as so recorded.

(b) by omitting subsection four of section ten and by inserting in lieu thereof the following subsection:—

(4) The coroner shall transmit the depositions of the witnesses to the Attorney- General.

6 . The Justices Act, 1902, as amended by subsequent Acts, is further amended by inserting at the end of section eighty-one the following new subsection:—

(3) (a) For the purpose of the exercise of the

power conferred by subsection one of this section,

any order made under subsection one of section 556A

of the Crimes Act, 1900, as amended by subsequent

Acts, shall have the like effect as a conviction.

(b) The amount allowed for costs under
subsection one of this section as extended by this

subsection shall be specified in the order made under

subsection

subsection one of the said section 556A and that No. Ji2,1954.
order shall be deemed to be an order whereby a sum
of money is adjudged to be paid within the meaning

of this Act.