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This is a Bill, not an Act. For current law, see the Acts databases.
Crimes Amendment (Protection of
Innocent Accused) Bill 2005
No , 2005
A Bill for
An Act to amend the Crimes Act 1900 to prohibit the publication of information
relating to a crime that would lead to the identification of a person accused of the
crime before that person is charged; to provide for the publication of a notice of
acquittal of a person in certain cases; and for other purposes.
Clause 1 Crimes Amendment (Protection of Innocent Accused) Bill 2005
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes Amendment (Protection of Innocent Accused) 3
Act 2005. 4
2 Commencement 5
This Act commences 3 months after the date of assent, unless 6
commenced sooner by proclamation. 7
3 Amendment of Crimes Act 1900 No 40 8
The Crimes Act 1900 is amended as set out in Schedule 1. 9
Page 2
Crimes Amendment (Protection of Innocent Accused) Bill 2005
Amendment of Crimes Act 1900 Schedule 1
Schedule 1 Amendment of Crimes Act 1900 1
(Section 3) 2
Sections 583 and 584 3
Insert after section 582: 4
583 Publication and broadcasting of name of accused persons 5
(1) In this section: 6
matter includes a picture. 7
publish includes broadcast by radio or television. 8
(2) A person must not publish any matter that: 9
(a) accuses a person of having committed an offence, or 10
(b) in relation to an offence: 11
(i) identifies a person who is accused of having 12
committed that offence, or 13
(ii) is likely to lead to the identification of such a person, 14
before the person has been charged with that offence. 15
Maximum penalty: 200 penalty units or imprisonment for a 16
period not exceeding 2 years or both (in the case of an individual) 17
or 4,000 penalty units (in the case of a corporation). 18
(3) This section does not apply to the following: 19
(a) a publication authorised by the Commissioner of Police for 20
the purpose of apprehending a person who is accused of 21
having committed an offence, 22
(b) a publication authorised by a person who has been accused 23
of having committed an offence regarding the accusation, 24
(c) a publication made after the death of the person accused of 25
having committed an offence. 26
(4) The offence created by this section is an offence of strict liability. 27
(5) Proceedings for an offence against this section may be dealt with: 28
(a) summarily before a Local Court, or 29
(b) summarily before the Supreme Court in its summary 30
jurisdiction. 31
(6) If proceedings for an offence against this section are brought in a 32
Local Court, the maximum monetary penalty that the Local Court 33
may impose for the offence is 200 penalty units. 34
Page 3
Crimes Amendment (Protection of Innocent Accused) Bill 2005
Schedule 1 Amendment of Crimes Act 1900
584 Court may order publication of acquittal in certain cases 1
(1) If: 2
(a) the name of a person and any details of an offence have 3
been published or broadcast in contravention of section 4
583 or an order of a court, and 5
(b) the person is charged with the offence, and 6
(c) the person is acquitted of the offence and not convicted of 7
a related offence, 8
the court that acquitted the person may make an order directing 9
any person who published or broadcast the name of the person 10
and any details of the offence to publish or broadcast notice of the 11
acquittal of the person in such manner as the court directs. 12
(2) A person who fails to comply with an order made under 13
subsection (1) is guilty of an offence. 14
Maximum penalty: 200 penalty units or imprisonment for a 15
period not exceeding 2 years or both (in the case of an individual) 16
or 4,000 penalty units (in the case of a corporation). 17
(3) Proceedings for an offence against this section may be dealt with: 18
(a) summarily before a Local Court, or 19
(b) summarily before the Supreme Court in its summary 20
jurisdiction. 21
(4) If proceedings for an offence against this section are brought in a 22
Local Court, the maximum monetary penalty that the Local Court 23
may impose for the offence is 200 penalty units. 24
Page 4
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