Criminal Appeal Amendment (Jury
Verdicts) Bill 2004
New South Wales

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Criminal Appeal Act 1912 (the Principal Act)
with respect to appeals against jury verdicts.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent.

Clause 3 is a formal provision that gives effect to the amendments to the Principal
Act set out in Schedule 1.

Schedule 1 Amendments
Schedule 1 [1] inserts proposed section 6AAA into the Principal Act which provides
that the court may only grant an appeal against the verdict of a jury on grounds of
miscarriage of justice arising from prejudicial material being published or broadcast
in relation to the case where the court is satisfied that a juror had read, seen or heard
the prejudicial material relating to the case and was influenced by the material.

Schedule 1 [2] inserts a transitional provision which provides that the proposed
amendment does not apply to appeals the hearing of which commenced before the
commencement of the proposed Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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