Justices (Amendment) Act 1987 (NSW)

JUSTICES (AMENDMENT) ACT 1987 No. 178

NEW SOUTH WALES

TABLE OF PROVISIONS

1.        Short title

2.        Commencement

3.        Amendment of Act No. 27, 1902

4.        Transitional provision

SCHEDULE 1—AMENDMENTS

JUSTICES (AMENDMENT) ACT 1987 No. 178

NEW SOUTH WALES

Act No. 178, 1987

An Act to amend the Justices Act 1902 in relation to the hearing of certain charges together and the procedure for dealing with certain matters following annulment of an enforcement order. [Assented to 4 December 1987]

Justices (Amendment) 1987

The Legislature of New South Wales enacts:

Short title

1.     This Act may be cited as the Justices (Amendment) Act 1987.

Commencement

2. This Act shall commence on a day or days to be appointed by

proclamation.

Amendment of Act No. 27, 1902

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

Transitional provision

4. Section 78A of the Justices Act 1902, as amended by this Act, applies

to charges laid or made before or after the commencement of Schedule 1

(2).

SCHEDULE 1—AMENDMENTS

(Sec. 3)

(1) Section 75B (EX parte procedure for certain offences)—

(a) Section 75B ( 2 B ) — After section 75B (2A), insert:

(2B) Where—

(a) an enforcement order is annulled under Division 3 of Part

IVB and the certificate (together with any annexure) given

under section 100L is deemed under section lOOu to be an information in relation to the alleged offence;
(b)	notice of the hearing of the matter of the information has been given to the defendant; and
(c)	the defendant does not appear at the time and place fixed for the hearing,

the court before which the matter of the information comes for hearing may, if it is satisfied that the facts as alleged in or in an annexure to the certificate constitute the alleged offence and that reasonably sufficient particulars of those facts are set out in or in an annexure to the certificate, thereupon make an order imposing

3   Act No. 178

Justices (Amendment) 1987

SCHEDULE 1— AMENDMENTS—continued

(b) Section 75B (4)—

Omit "(2) or (2A)", insert instead "(2), (2A) or (2B)".

(c)	Section 75B (7)—
Omit "(2) (c) or (2A) (C)", insert instead "(2) (c), (2A) (C) or (2B) (c)".
(d)	Section 75B (10)—

Omit "subsections (2) and (3)", insert instead "this section".

(2) Section 7 8 A —

Omit the section, insert instead:

Provision for hearing cases together

78A. (1) Where the defendant is charged with 2 or more

offences, the Justice or Justices have jurisdiction to hear and
determine the charges together if—

(a) the defendant and the informant or complainant consent; (b) the offences arise out of the same set of circumstances; or

(c) the offences form or are part of a series of offences of the same or a similar character.

(2) Where 2 or more defendants are separately charged with

offences, the Justice or Justices have jurisdiction to hear and

determine the charges together, if—

(a) the defendants and the informants or complainants consent;

(b) the offences arise out of the same set of circumstances; or

(c) the offences form or are part of a series of offences of the same or a similar character.

Justices (Amendment) 1987

SCHEDULE 1—AMENDMENTS—continued

(3) Section 1 OOu (Procedure after annulment)—

Section lOOu (2)—

At the end of section 1 OOu, insert:

(2) A person who is deemed by this section to have laid an

information shall be regarded as an informant.