New South Wales Repealed Acts

This legislation has been repealed.

CRIMINAL PROCEDURE FURTHER AMENDMENT (EVIDENCE) ACT 2005 - SCHEDULE 2

SCHEDULE 2 – Amendment of other Acts

(Section 4)

2.1 - Children (Criminal Proceedings) Act 1987 No 55

Section 10 Exclusion of general public from criminal proceedings

Insert after section 10 (3):

(3A) Despite anything to the contrary in this Act, if criminal proceedings to which a child is a party are proceedings for a prescribed sexual offence (within the meaning of the Criminal Procedure Act 1986 ):

(a) sections 291, 291A, 291B, 291C and 294C of that Act apply in respect of the proceedings, and

(b) subsections (1) and (2) of this section do not apply in respect of any part of the proceedings held in camera under section 291, 291A or 291B of that Act, and

(c) a person or persons whom a complainant is entitled to have present near the complainant when giving evidence (under section 294C of that Act) cannot be excluded from, or directed to leave, the place where the proceedings are heard under this section (whether or not the proceedings are held in camera).

Note: Sections 291, 291A and 291B of the Criminal Procedure Act 1986 require certain proceedings, or parts of proceedings, for a prescribed sexual offence to be held in camera. The general rule is that any part of a proceeding in which evidence is given by the complainant must be held in camera (unless the court otherwise directs), and other parts of the proceedings may also be held in camera. The complainant is entitled to have one or more persons chosen by the complainant to be near the complainant when giving evidence under section 294C of that Act.

2.2 - Crimes Act 1900 No 40

Section 578A Prohibition of publication identifying victims of certain sexual offences

Omit the definition of "complainant" from section 578A (1). Insert instead:

"complainant" has the same meaning as in Division 1 of Part 5 of Chapter 6 of the Criminal Procedure Act 1986 .

2.3 - Evidence Act 1995 No 25

Section 41 Improper questions

Insert at the end of the section:

Note: This section does not apply to criminal proceedings to which section 275A of the Criminal Procedure Act 1986 applies.

2.4 - Evidence (Children) Act 1997 No 143

Section 27 Children have a right to presence of a supportive person while giving evidence

Insert at the end of the section:

Note: This section does not apply if the child giving evidence is a complainant in proceedings for a prescribed sexual offence. In that case, section 294C of the Criminal Procedure Act 1986 sets out the entitlements of the child to have one or more support persons present when giving evidence.