Justices Amendment (Briefs of Evidence) Act 1997 (NSW)

New South Wales

Justices Amendment (Briefs of

Evidence) Act 1997 No 96

Contents

Page

1 Name of Act	2
2 Commencement	2

3	Amendment of Justices Act 1902 No 27	2
4	Other amendments	2

Schedules

1	Amendment of Justices Act 1902	3
2	Other amendments	7

New South Wales

Justices Amendment (Briefs of

Evidence) Act 1997 No 96

Act No 96, 1997

An Act to amend the Justices Act 1902 to provide for the service of copies of briefs of evidence in proceedings for offences dealt with summarily; to amend the Criminal Procedure Act 1986 to make related amendments; and for other purposes. [Assented to 17 November 1997]

Section 1 Justices Amendment (Briefs of Evidence) Act 1997 No 96

The Legislature of New South Wales enacts:

1 Name of Act

This Act is the Justices Amendment (Briefs of Evidence) Act

1997.

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 .

4 Other amendments

The Criminal Procedure Act 1986 and the Criminal Procedure

Regulation 1995 are amended as set out in Schedule 2.

Justices Amendment (Briefs of Evidence) Act 1997 No 96

Amendment of Justices Act 1902	Schedule 1
Schedule 1	Amendment of Justices Act 1902

(Section 3)

[1]        Section 51B Application of Division 2 to indictable offences

Insert after section 51B (2):

(3) Subdivision 6A of Division 2 applies to an offence to which this section applies that is subject to Part 9A of the Criminal Procedure Act 1986, as set out in section 66H.

[2]        Part 4, Division 2, Subdivision 6A

Insert after section 66:

Subdivision 6A Service of briefs of evidence

66A Definitions

( 1 )

In this Subdivision:

brief of evidence, in relation to a prescribed summary

offence, means documents regarding the evidence that the prosecution intends to adduce in order to prove the commission of the offence and includes:

(a)	written statements taken from the persons the prosecution intends to call to give evidence in proceedings for the offence, and
(b)	any document, or other thing, identified in such a written statement as a proposed exhibit.

penalty notice means:

(a)	a penalty notice within the meaning of Part 4B, or
(b)	after the commencement of Part 3 of the Fines Act 1996— a penalty notice within the meaning of that Act.

Justices Amendment (Briefs of Evidence) Act 1997 No 96

Schedule 1 Amendment of Justices Act 1902

prescribed summary offence means a summary offence

other than:

(a)	an offence for which a penalty notice may be issued, or
(b)	an offence prescribed by the regulations for the purposes of this paragraph.

prosecuting authority means:

(a)	the Director of Public Prosecutions, or
(b)	a police officer, or
(c)	a person prescribed by the regulations for the purposes of this definition,

who is responsible for the conduct of a prosecution.

(2) In this Subdivision, a reference to the defendant includes a reference to the barrister or solicitor of the defendant.

66B Brief of evidence to be served on defendant unless

otherwise ordered

(1)	If a defendant pleads not guilty to a prescribed summary offence being prosecuted by a prosecuting authority, the prosecuting authority must, unless the Justice or Justices otherwise order in accordance with section 66E, serve or cause to be served on the defendant a copy of the brief of evidence relating to the offence.
(2)	The copy of the brief of evidence is to be served at least 14 days before the hearing of the evidence for the prosecution unless the defendant consents to a shorter period or, in the opinion of the Justice or Justices, the circumstances of the case otherwise require.

66C Exhibits

(1) Despite section 66B, the prosecuting authority is not required to include a copy of a proposed exhibit identified in the brief of evidence if it is impossible or impractical to copy the exhibit.

Justices Amendment (Briefs of Evidence) Act 1997 No 96

Amendment of Justices Act 1902 Schedule 1

(2)

However, in that case the prosecuting authority is:

(a)	to serve on the defendant a notice specifying a reasonable time and place at which the proposed exhibit may be inspected, and
(b)	to allow the defendant a reasonable opportunity to inspect each proposed exhibit referred to in the notice.

66D Form of copy of brief of evidence

The copy of the brief of evidence is to comply with any requirement applicable to it prescribed by the regulations made for the purposes of this Subdivision.

66E Discretion to order that copy of brief of evidence need

not be served

(1)

The Justice or Justices may order that all or part of the copy of the brief of evidence need not be served if the Justice or Justices are satisfied:

(a)	that there are compelling reasons for not requiring service, or
(b)	that it could not reasonably be served on the defendant.

(2)

The Justice or Justices may make an order under this section on their own initiative or on the application of any party.

(3)

An order may be made subject to such conditions (if
any) as the Justice or Justices think fit.

66F Evidence not to be admitted

(1) The Justice or Justices are to refuse to admit evidence sought to be adduced by the prosecuting authority in respect of the prescribed summary offence if, in relation to that evidence, this Subdivision, or any regulations made for the purposes of this Subdivision, have not been complied with by the prosecuting authority.

Justices Amendment (Briefs of Evidence) Act 1997 No 96

Schedule 1 Amendment of Justices Act 1902

(2)	The Justice or Justices may, and on the application of or with the consent of the defendant must, dispense with the requirements of subsection (1) on such terms and conditions as appear just and reasonable.
(3)	Subsection (2) does not apply to any requirement referred to in subsection (1) that is declared by the regulations to be a requirement that may not be dispensed with under subsection (2).

66G Adjournments

Without limiting the power of a Justice or Justices to adjourn proceedings, the Justice or Justices are to grant such adjournments as appear to be just and reasonable if the copy of the brief of evidence is not served in accordance with this Subdivision, and may extend accordingly the time for hearing the matter.

66H Indictable offences dealt with summarily

(1)	This Subdivision, and any regulations made for the purposes of this Subdivision, apply in respect of an indictable offence that is being dealt with summarily under Part 9A of the Criminal Procedure Act 1986. For that purpose, a reference in this Subdivision to a prescribed summary offence includes a reference to such an indictable offence.
(2)	The provisions of this Subdivision requiring the service of a copy of a brief of evidence relating to such an indictable offence are taken to be satisfied in respect of any evidence the prosecution intends to adduce in the summary proceedings if
(a) a copy of a brief of evidence has been served in accordance with section 33H of the Criminal

Procedure Act 1986 in respect of that evidence, or

(b) a copy of a written statement has been served, in connection with committal proceedings, in accordance with Subdivision 7A of Division 1 of Part 4 of this Act in respect of that evidence.

Justices Amendment (Briefs of Evidence) Act 1997 No 96

Other amendments	Schedule 2
Schedule 2 Other amendments

(Section 4)

2.1	Criminal Procedure Act 1986 No 209
[1]	Section 33H Information to be given to person charged (Table 1 offences)
Omit section 33H (2) (a). Insert instead:

(a) a copy of the brief of evidence relating to the offence that complies with section 66D of the

Justices Act 1902, and

[2]	Section 33H (2A)
Insert after section 33H (2):

(2A) Despite subsection (2) (a), the prosecuting authority is not required to include a copy of a proposed exhibit identified in a brief of evidence if it is impossible or impractical to copy the exhibit. However, the prosecuting authority must in that case comply with section 66C (2) of the Justices Act 1902.

[3]        Section 33H (4)

Insert after section 33H (3):

(4)	In this section, a reference to a brief of evidence is a reference to a brief of evidence within the meaning of Subdivision 6A of Division 2 of Part 4 of the Justices
Act 1902.

Justices Amendment (Briefs of Evidence) Act 1997 No 96

Schedule 2	Other amendments
2.2	Criminal Procedure Regulation 1995
Clause 16 Form and content of briefs of evidence: sec 33I
Omit the clause.

[Minister's second reading speech made in—

Legislative Council on 24 September 1997
Legislative Assembly on 12 November 1997]