Justices (Paper Committals) Amendment Act 1987 (NSW)
JUSTICES (PAPER COMMITTALS) AMENDMENT ACT
1987 No. 235
NEW SOUTH WALES
TABLE OF PROVISIONS
1. Short title
2. Commencement
3. Amendment of Act No. 27, 1902
4. Pending proceedings not affected
SCHEDULE 1—AMENDMENTS RELATING TO PAPER COMMITTALS
SCHEDULE 2—MISCELLANEOUS AMENDMENTS
JUSTICES (PAPER COMMITTALS) AMENDMENT ACT 1987
No. 235
NEW SOUTH WALES
Act No. 235, 1987
An Act to amend the Justices Act 1902 with respect to written statements in committal proceedings, and for other purposes. [Assented to 16 December 1987]
Sec also District Court (Judges) Amendment Act 1987.
2 Act No. 235
Justices (Paper Committals) Amendment 1987
The Legislature of New South Wales enacts:
Short title
This Act may be cited as the Justices (Paper Committals) 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
The Justices Act 1902 is amended as set out in Schedules 1 and 2.
Pending proceedings not affected
4. The amendments made by Schedule 1 do not apply to any
proceedings instituted before the commencement of the amendments.
SCHEDULE 1—AMENDMENTS RELATING TO PAPER
COMMITTALS
(Sec. 3)
(1) Section 48AA—
After section 48, insert:
Mandatory use of written statements in committal proceedings
48AA. (1) Evidence for the prosecution in any committal proceedings must (subject to this section) be given by means of
written statements which are admissible as evidence under section 48A. (2) The evidence of a person need not be given by means of such a statement if the Justice or Justices is or are satisfied, on the application of the informant, that—
(a)
the statement was prepared but a copy of the statement could not reasonably be served on the defendant;
(b)
any other requirement of this Subdivision relating to the statement could not reasonably be complied with; or
(c) the evidence is additional evidence of a person whose
Justices (Paper Committals) Amendment 1987
SCHEDULE 1—AMENDMENTS RELATING TO PAPER
COMMITTALS—continued
(a)
adjourn the committal proceedings in order to enable the appropriate written statement to be prepared and served on the defendant; or
(b)
proceed with the committal proceedings without taking that evidence.
(2) Section 48E (Witness may be called)—
(a) Section 48E (1) (b)— justice to do so)".
(b) Section 48E (4)—
After section 48E (3), insert:(4) This section is subject to section 48EA.
(3) Section 48EA—
After section 48E, insert:
Prohibition on cross-examination of victim witness without special reasons etc.
48EA. (1) In this section—
"offence involving violence" means—
(a)
a prescribed sexual offence within the meaning of the Crimes Act 1900;
(b) an offence under sections 27-30 of the Crimes Act 1900
(attempts to murder); (c)
an offence under section 33 of the Crimes Act 1900 (wounding etc. with intent to do grievous bodily harm or resist arrest);
(d)
an offence under section 35 (b) of the Crimes Act 1900 (infliction of grievous bodily harm);
(e)
an offence under sections 86-91 of the Crimes Act 1900 (abduction or kidnapping);
(f)
an offence under sections 94-98 of the Crimes Act 1900 (robbery); or
(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,
but does not include an offence to which section 476 of the
Crimes Act 1900 applies;
Act No. 235
Justices (Paper Committals) Amendment 1987
SCHEDULE 1—AMENDMENTS RELATING TO PAPER
COMMITTALS—continued
"victim", in relation to an offence involving violence, means a
person against whom the offence was committed.
(2) Where in any committal proceedings the Justice or Justices is or are satisfied that—
(a) the defendant has been charged with an offence involving violence; and (b) the person who made a written statement tendered as evidence under this Subdivision is an alleged victim of that offence,
the Justice or Justices shall not give a direction under section 48E requiring the attendance at those proceedings of the alleged victim or otherwise reject the statement because the defendant has requested the attendance at those proceedings of the alleged victim unless the Justice or Justices is or are satisfied that there are special reasons why the alleged victim should, in the interests of justice, attend at those proceedings to give oral evidence.
(3) The regulations may make provision for or with respect to the determination of such special reasons.
| (4) | Section | 4 8 G A — |
After section 48G, insert:
Time for, and manner of, service of written statements or requests to call witnesses etc.
48GA. (1) The Justice or Justices shall, when giving a direction under section 48B or 4 8 D for the service of a written statement or notice on the defendant, direct that the statement or notice be
served at least 28 days before the committal hearing unless the
defendant consents to a shorter period or the circumstances of the
case otherwise require.(2) The Justice or Justices shall, when giving a direction under section 48E (1) (a) for the service of a notice on the informant, direct that the notice be served at least 14 days before the committal hearing unless the informant consents to a shorter period or the circumstances of the case otherwise require.
(3) A written statement or other notice under this Subdivision
Justices (Paper Committals) Amendment 1987
SCHEDULE 1—AMENDMENTS RELATING TO PAPER
COMMITTALS—continued
"committal hearing" means the time set by the Justice or Justices for taking the evidence for the prosecution in committal proceedings.
SCHEDULE 2—MISCELLANEOUS AMENDMENTS
(Sec. 3)
(1) Section 41 (Procedure on hearing of charge of indictable offence)—
(a) Section 41 (1B) (d)— prosecution,".
(b) Section 41 (1B) (d)—
Before "continue", insert "commence or".(c) Section 41 (1B) (e)—
After section 41 (1B) (d), insert:(e) The evidence for the prosecution shall not be taken in the absence of the defendant unless—
(i) the defendant has been served under section 48B with a copy of any written statement to be tendered as evidence in the proceedings; or
(ii) the absence occurs after a time has been set by the Justice or Justices for taking the evidence for the prosecution.
(d) Section 41 (7)—
Omit "that occurred during the taking of the evidence for the prosecution", insert instead "and the Magistrate or Judge is satisfied that it is in the interests of justice to do so".
(e) Section 41 (9)—
After section 41 (8), insert:(9) The Justice or Justices may at any stage during the examination or cross-examination of any witness giving evidence for the prosecution or the defence terminate the examination or cross-examination on any particular matter if satisfied that any further examination or cross-examination on the matter will not assist the Justice or Justices in forming any opinion referred to in
Section 122 (2AB)—
Act No. 235
Justices (Paper Committals) Amendment 1987
SCHEDULE 2—MISCELLANEOUS AMENDMENTS—continued
After section 122 (2A), insert:
(2AB) A direction by the Attorney General under subsection
(2A) may be given in respect of a particular appeal or application
that has been lodged or in respect of appeals or applications of a
particular class that are lodged after the direction is given.
0
0
0