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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Criminal Procedure Amendment (Local
Court Process Reforms) Bill 2007
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Criminal Procedure Act 1986 No 209 2
4 Amendment of Criminal Procedure Regulation 2005 2
5 Repeal of Act 2
Schedule 1 Amendment of Criminal Procedure Act 1986 3
Schedule 2 Amendment of Criminal Procedure Regulation 2005 5
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2007
New South Wales
Criminal Procedure Amendment (Local
Court Process Reforms) Bill 2007
Act No , 2007
An Act to amend the Criminal Procedure Act 1986 in relation to the service of briefs
of evidence by prosecutors; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Criminal Procedure Amendment (Local Court Process Reforms) Bill 2007
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Criminal Procedure Amendment (Local Court Process
Reforms) Act 2007.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Criminal Procedure Act 1986 No 209
The Criminal Procedure Act 1986 is amended as set out in Schedule 1.
4 Amendment of Criminal Procedure Regulation 2005
The Criminal Procedure Regulation 2005 is amended as set out in
Schedule 2.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Criminal Procedure Amendment (Local Court Process Reforms) Bill 2007
Amendment of Criminal Procedure Act 1986 Schedule 1
Schedule 1 Amendment of Criminal Procedure Act
1986
(Section 3)
[1] Section 183 Brief of evidence to be served on accused person where not
guilty plea
Insert ", unless the regulations otherwise provide," after "The brief of evidence
is" in section 183 (2).
[2] Section 265 Criminal record to be given to person charged (Table 1
offences)
Omit section 265 (2)-(4). Insert instead:
(2) The prosecutor is to serve, or cause to be served, on a person
charged with an indictable offence listed in Table 1 to Schedule
1 a copy of the person's criminal record (if any) known to the
prosecutor, within the time fixed by the Local Court. The time so
fixed must be before the time fixed by the Court for the making
of an election in respect of the offence.
(3) Without limiting the powers of a Local Court to adjourn
proceedings, the Local Court is to grant such adjournments as
appear to be just and reasonable if a criminal record is not served
in accordance with this section, and the Court is to extend
accordingly the time fixed for the making of an election in respect
of the offence.
[3] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Criminal Procedure Amendment (Local Court Process Reforms)
Act 2007
[4] Schedule 2
Insert at the end of the Schedule with appropriate Part and clause number:
Part Provisions consequent on enactment of
Criminal Procedure Amendment (Local
Court Process Reforms) Act 2007
Pending proceedings
The amendment made to section 265 by the Criminal Procedure
Amendment (Local Court Process Reforms) Act 2007 does not
extend to proceedings commenced before the commencement of
Page 3
Criminal Procedure Amendment (Local Court Process Reforms) Bill 2007
Schedule 1 Amendment of Criminal Procedure Act 1986
the amendment and such proceedings may continue as if that
amendment had not been enacted.
Page 4
Criminal Procedure Amendment (Local Court Process Reforms) Bill 2007
Amendment of Criminal Procedure Regulation 2005 Schedule 2
Schedule 2 Amendment of Criminal Procedure
Regulation 2005
(Section 4)
Clause 24
Omit the clause. Insert instead:
24 Offences for which briefs of evidence not required
(1) For the purposes of section 187 (5) of the Act, the following
proceedings are prescribed as proceedings of a kind in which a
prosecutor is not required to serve a brief of evidence:
(a) proceedings for an offence for which a penalty notice may
be issued (other than an offence that is set out in Schedule
2 and that is not referred to below),
(b) proceedings for an offence under section 4 of the Summary
Offences Act 1988,
(c) proceedings for an offence under section 9 or 12 of the
Road Transport (Safety and Traffic Management) Act
1999,
(d) proceedings for a summary offence for which there is a
monetary penalty only.
(2) Subclause (1) has effect in relation to proceedings referred to in
subclause (1) (b), (c) or (d) only if the proceedings are
commenced on or after the commencement of this subclause and
before the end of the period of 12 months after the
commencement of this subclause.
Page 5
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