New South Wales Repealed Acts

This legislation has been repealed.

CRIMINAL LEGISLATION AMENDMENT ACT 2001 - SCHEDULE 7

SCHEDULE 7 – Amendment of Criminal Procedure Act 1986

(Section 3)

[1] Section 27 Maximum penalties for Table 1 offences

Omit section 27 (4AA).

[2] Section 36 Certification and transfer of back up and related offences

Omit section 36 (1) (b). Insert instead:

(b) if the person has been charged with any back up offence or related offence:

(i) the prosecuting authority is to produce to the court a certificate specifying each back up offence and related offence with which the person has been charged, and

(ii) the proceedings on each back up offence and related offence with which the person has been charged are to be transferred to the court in which the person has been committed to trial (along with the certificate).

[3] Section 36 (3)

Insert after section 36 (2):

(3) Proceedings on a back up offence or related offence that are laid after committal for trial of a person charged with an indictable offence are to be transferred to the court in which the person has been committed to trial.

[4] Section 37 Manner of dealing with certain offences related to indictable offences

Omit "may deal" from section 37 (1) (b). Insert instead "is to deal".

[5] Section 37 (1) (b)

Insert ", unless to do so would not be in the interests of justice" after "this Part".

[6] Section 37 (1A)

Omit "may deal". Insert instead "is to deal".

[7] Section 37 (1A)

Insert ", unless to do so would not be in the interests of justice" after "this Part".

[8] Section 37 (2) and (3)

Omit the subsections.

[9] Section 39

Omit the section. Insert instead:

39 Remission of certain offences related to indictable offences to Local Courts

(1) A court that is dealing with a back up offence or related offence under this Part may, if it is in the interests of justice to do so, remit the matter to a Local Court.

(2) Any back up offence or related offence that is not dealt with by a court in accordance with this Part is to be remitted back to a Local Court.

[10] Schedule 1 Indictable offences triable summarily

Insert after clause 10A of Table 1:

10B Offences relating to bomb and other hoaxes An offence under section 93IH or 93II of the Crimes Act 1900 .

[11] Schedule 2 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

Criminal Legislation Amendment Act 2001 , to the extent that it amends this Act