Summary Procedure (Indictable Offences) Amendment Act 2017 (SA)

South Australia

Summary Procedure (Indictable Offences) Amendment Act 2017

An Act to amend the Summary Procedure Act 1921 and to make related amendments to the Bail Act 1985; the Correctional Services Act 1982; the Criminal Investigation (Covert Operations) Act 2009; the Criminal Law Consolidation Act 1935; the Criminal Law (Sentencing) Act 1988; the District Court Act 1991; the Evidence Act 1929; the Juries Act 1927; the Magistrates Court Act 1991; the Supreme Court Act 1935; the Work Health and Safety Act 2012; the Young Offenders Act 1993 and the Youth Court Act 1993.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Summary Procedure (Indictable Offences) Amendment Act 2017.

1. (1)

   This Act will come into operation on a day to be fixed by proclamation.

2. (2)

   Section 7(5) of the Acts Interpretation Act 1915 does not apply to this Act or a provision of this Act.

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Long title—delete "the Magistrates Court" and substitute:

courts

Section 1—delete "Summary" and substitute:

Criminal

1. (1)

   Section 4(1)—before the definition of the Chief Magistrate insert:

   answer charge hearing—see section 109;

   case statement means a defence case statement or a prosecution case statement;

2. (2)

   Section 4(1), definition of Court—delete the definition and substitute:

   defence case statement—see section 123;

3. (3)

   Section 4(1)—after the definition of foreign restraining order insert:

   Full Court has the same meaning as in the Supreme Court Act 1935;

4. (4)

   Section 4(1)—after the definition of the Principal Registrar insert:

   prosecution case statement—see section 123;

5. (5)

   Section 4(1)—after the definition of sensitive material notice insert:

   sentencing law means the Criminal Law (Sentencing) Act 1988 or an Act enacted in substitution for that Act;

Part 5—delete the Part and substitute:

Part 5—Indictable offences

Division 1—Informations

100—Informations charging indictable offences

1. (1)

   An information charging an indictable offence must contain—

   1. (a)

      a statement of the specific offence or offences that the accused person is charged with; and

   2. (b)

      such particulars as are necessary for giving reasonable information as to the nature of the charge.

2. (2)

   Despite any rule of law or practice (but subject to the provisions of this Act), an information charging an indictable offence and laid in a court will not be open to objection in respect of its form or contents if it is framed in accordance with any requirements prescribed by the rules of that court.

101—Laying of information

1. (1)

   Where a person is suspected of having committed an indictable offence triable in this State, an information may be laid in the Magistrates Court, in accordance…