Criminal Procedure Amendment
(Sexual Offence Case Management)
Bill 2005

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 Procedure Act 1986 (the Principal
Act) to provide that a pre-trial order made by a Judge is binding on the trial Judge if
the proceedings relate to a prescribed sexual offence (within the meaning of that Act)
that is dealt with on indictment. In circumstances where a new trial is ordered or later
trial proceedings commence following the discontinuation of an earlier trial, a
pre-trial order will also be binding on the trial Judge hearing the fresh or subsequent
proceedings.

The amendments are intended to contribute to the better case management of trials
for prescribed sexual offences.

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 130A into the Principal Act. This section
applies only to proceedings in respect of a prescribed sexual offence that is dealt with
on indictment. The section provides that a pre-trial order made by a Judge is binding
on the trial Judge unless, in the opinion of the trial Judge, it would not be in the
interests of justice for the order to be binding. In circumstances where a new trial is
ordered or trial proceedings commence following the discontinuation of an earlier
trial, a pre-trial order will also be binding on the trial Judge hearing the fresh or
subsequent trial proceedings.

Schedule 1 [2] amends Schedule 2 to the Principal Act to enable the regulations to
make provision for matters of a savings and transitional nature consequent on the
amendment to the Principal Act. Schedule 1 [3] inserts provisions of a savings and
transitional nature.

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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