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Queensland
CRIMINAL LAW
AMENDMENT BILL 2000
Queensland
CRIMINAL LAW AMENDMENT BILL
2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
PART 2--AMENDMENT OF BAIL ACT 1980
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of pt 2 heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 8 (Power of court as to bail) . . . . . . . . . . . . . . . . . . . . . . . 6
6 Insertion of new ss 11A and 11B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
11A Release of intellectually impaired person . . . . . . . . . . . . . . . . . . . . . 7
11B Release notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
7 Amendment of s 12 (Restriction on publication of information,
evidence and the like given in bail application) . . . . . . . . . . . . . . . . . . . . . 8
8 Amendment of s 15 (Procedure upon application for bail) . . . . . . . . . . . . . 9
9 Amendment of s 16 (Refusal of bail) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Amendment of s 18 (Endorsement of decision as to bail on papers
and warrant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11 Amendment of s 19B (Review of certain bail decisions) . . . . . . . . . . . . . . 10
12 Amendment of s 19C (Review by Supreme Court of magistrate's
decision on a review) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Insertion of new s 28C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
28C Warrant for apprehension of person released under section 11A . . . 11
PART 3--AMENDMENT OF CRIMINAL CODE
14 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
15 Amendment of s 1 (Construction of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2
Criminal Law Amendment
16 Amendment of s 31 (Justification and excuse--compulsion) . . . . . . . . . . . 12
17 Amendment of s 215 (Carnal knowledge of girls under 16) . . . . . . . . . . . . . 13
18 Amendment of s 228 (Obscene publications and exhibitions) . . . . . . . . . . . 14
19 Insertion of new ss 323A and 323B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
323A Female genital mutilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
323B Removal of child from State for female genital mutilation . . . . . . . 15
20 Relocation of s 336 (Assault with intent to commit rape) . . . . . . . . . . . . . . 16
21 Omission of s 337 (Sexual assaults) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
22 Replacement of ch 32 heading (Assaults on Females--Abduction) . . . . . . 16
23 Renumbering of s 349 (Attempt to commit rape) . . . . . . . . . . . . . . . . . . . . . 16
24 Replacement of ss 347 and 348 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
347 Definitions for ch 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
348 Meaning of "consent" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
349 Rape . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
25 Omission of s 351 (Abduction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
26 Insertion of new s 352 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
352 Sexual assaults . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
27 Replacement of s 354 (Kidnapping) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
354 Kidnapping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
28 Amendment of section 578 (Charge of offence of a sexual nature) . . . . . . 19
29 Insertion of new s 590C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
590C Advance notice of representation if person who made it is
unavailable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
30 Amendment of s 592A (Pre-trial directions and rulings) . . . . . . . . . . . . . . . 20
31 Amendment of s 632 (Corroboration) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
32 Amendment of ch 69 (Seizure and detention of property
connected with offences--Custody of women unlawfully detained for
immoral purposes--Restitution of property unlawfully acquired) . . . . . . . . 21
33 Omission of s 684 (Women detained for immoral purposes) . . . . . . . . . . . . 21
34 Omission of s 701 (Custody of girls under 18) . . . . . . . . . . . . . . . . . . . . . . . 21
35 Insertion of new ch 74 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
CHAPTER 74--TRANSITIONAL PROVISION FOR CRIMINAL
LAW AMENDMENT ACT 2000
711 Transitional provision for Criminal Law Amendment Act 2000 . . . 22
3
Criminal Law Amendment
PART 4--AMENDMENT OF CRIMINAL LAW (SEXUAL
OFFENCES) ACT 1978
36 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
37 Amendment of s 3 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
38 Amendment of s 4 (Special rules of evidence concerning sexual
offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
39 Insertion of new s 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
14 Transitional provision for Criminal Law Amendment Act 2000 . . . 24
PART 5--AMENDMENT OF CRIMINAL OFFENCE VICTIMS
ACT 1995
40 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
41 Amendment of s 14 (Information during sentencing of impact of
crime on victim) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
PART 6--AMENDMENT OF EVIDENCE ACT 1977
42 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
43 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
44 Replacement of ss 9 and 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
9 Evidence of person who does not understand oath . . . . . . . . . . . . . . 26
9A Expert evidence of ability to give reliable evidence . . . . . . . . . . . . 26
45 Replacement of ss 20 and 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
20 Cross-examination as to credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
21 Improper questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
46 Amendment of s 21A (Evidence of special witnesses) . . . . . . . . . . . . . . . . 28
47 Insertion of new pt 2, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 6--Cross-examination of protected witnesses
21L Application of division 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
21M Meaning of "protected witness" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
21N No cross-examination of protected witness by person charged . . . . 30
21O Procedure for cross-examination of protected witness if
person charged has no legal representative . . . . . . . . . . . . . . . . . . . . 30
21P Legal assistance for cross-examination of protected witness . . . . . . 31
21Q Satisfaction of Criminal Code, section 616 . . . . . . . . . . . . . . . . . . . . 31
21R Jury direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
21S Orders, directions and rulings concerning protected witnesses . . . . 32
4
Criminal Law Amendment
48 Amendment of pt 6 (Admissibility of statements) . . . . . . . . . . . . . . . . . . . . 32
49 Amendment of s 93A (Statement made before proceeding by
child under 12 years or intellectually impaired person) . . . . . . . . . . . . . . . . 33
50 Insertion of new ss 93B and 93C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
93B Admissibility of representation in prescribed criminal
proceedings if person who made it is unavailable . . . . . . . . . . . . . . 33
93C Warning and information for jury about hearsay evidence . . . . . . . . 34
51 Amendment of s 98 (Rejection of evidence) . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 7--AMENDMENT OF LEGAL AID QUEENSLAND ACT
1997
52 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
53 Replacement of pt 2, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
54 Insertion of new s 21A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
21A Legal assistance ordered by court for cross-examination of
protected witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
PART 8--AMENDMENT OF PENALTIES AND SENTENCES
ACT 1992
55 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
56 Amendment of s 162 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
57 Insertion of new s 208 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
208 Transitional provisions for Criminal Law Amendment Act 2000 . . . 36
58 Amendment of schedule (Serious violent offences) . . . . . . . . . . . . . . . . . . . 37
A BILL
FOR
An Act to amend the criminal law and for other purposes
s1 6 s5
Criminal Law Amendment
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
Clause 1. This Act may be cited as the Criminal Law Amendment Act 2000. 4
5
Commencement
Clause 2. This Act commences on a day to be fixed by proclamation. 6
ART 2--AMENDMENT OF BAIL ACT 1980 7
P
amended in pt 2 8
Act
Clause 3. This part amends the Bail Act 1980. 9
of pt 2 heading 10
Amendment
Clause 4. Part 2, heading, after `BAIL'-- 11
insert-- 12
`AND OTHER RELEASE'. 13
of s 8 (Power of court as to bail) 14
Amendment
Clause 5. Section 8(2), `shall'-- 15
omit, insert-- 16
`or released under section 11A1 must'. 17
1 Section 11A (Release of intellectually impaired person)
s6 7 s6
Criminal Law Amendment
of new ss 11A and 11B 1
Insertion
Clause 6. After section 11-- 2
insert-- 3
of intellectually impaired person 4
`Release
`11A.(1) This section applies if a police officer or court authorised by this 5
Act to grant bail considers-- 6
(a) a person held in custody on a charge of or in connection with an 7
offence is, or appears to be, an intellectually impaired person; and 8
(b) the person does not, or appears not to, understand the nature and 9
effect of entering into an undertaking under section 20; and 10
(c) if the person understood the nature and effect of entering into the 11
undertaking, the person would be released on bail. 12
`(2) The police officer or court may release the person without bail by-- 13
(a) releasing the person into the care of another person who ordinarily 14
has the care of the person or with whom the person resides; or 15
(b) permitting the person to go at large. 16
`(3) A person's release is on condition the person will surrender, at the 17
time and place stated in the notice under section 11B, into the custody of the 18
court stated in the notice. 19
`(4) If the person surrenders into the custody of the court stated in the 20
notice, the court may release the person again under subsection (2). 21
`(5) A court authorised by this Act to grant bail may revoke a release. 22
`(6) A person's release by a police officer discharges any duty to take the 23
person before a justice to be dealt with according to law. 24
`(7) In this section-- 25
"intellectually impaired person" means a person who has a disability 26
that-- 27
(a) is attributable to an intellectual, psychiatric, cognitive or 28
neurological impairment or a combination of these; and 29
(b) results in-- 30
(i) a substantial reduction of the person's capacity for 31
s7 8 s7
Criminal Law Amendment
communication, social interaction or learning; and 1
(ii) the person needing support. 2
notice 3
`Release
`11B.(1) This section applies if a person is released under section 11A, 4
whether for the first time or because of section 11A(4). 5
`(2) The police officer or court releasing the person must give the person 6
a notice in the approved form stating-- 7
(a) the person's name and place of residence; and 8
(b) the charge on which or the offence in connection with which the 9
person was in custody; and 10
(c) if the person is released into the care of another person, the other 11
person's name and place of residence; and 12
(d) the court into whose custody the person is required to surrender 13
as a condition of release; and 14
(e) the time and place the person is required to surrender into the 15
court's custody. 16
`(3) The notice must also include a warning that a warrant will be issued 17
for the person's arrest if the person fails to surrender into the court's 18
custody at the time and place stated. 19
`(4) If the person is released into the care of another person, the police 20
officer or court must also give the other person a copy of the notice.'. 21
of s 12 (Restriction on publication of information, 22
Amendment
evidence and the like given in bail application) 23
Clause 7.(1) Section 12(1), `the grant of bail to a defendant'-- 24
omit, insert-- 25
`a defendant's release under this part'. 26
(2) Section 12(1), after `refusal of bail'-- 27
insert-- 28
`or release under section 11A'. 29
s8 9 s 10
Criminal Law Amendment
of s 15 (Procedure upon application for bail) 1
Amendment
Clause 8. Section 15, `In a proceeding with respect to bail'-- 2
omit, insert-- 3
`In a proceeding about the release of a person under this part'. 4
of s 16 (Refusal of bail) 5
Amendment
Clause 9. Section 16(3), from `where bail is granted'-- 6
omit, insert-- 7
`if bail is granted or the defendant is released under section 11A,2 must 8
include in the order a statement of the reasons for granting bail or releasing 9
the defendant.'. 10
of s 18 (Endorsement of decision as to bail on papers and 11
Amendment
warrant) 12
Clause 10.(1) Section 18, heading, after `bail'-- 13
insert-- 14
`or release'. 15
(2) Section 18, after `to a defendant'-- 16
insert-- 17
`or releases a defendant under section 11A3'. 18
(3) Section 18, after `as to bail'-- 19
insert-- 20
`or release'. 21
(4) Section 18(b)-- 22
renumber as section 18(c). 23
2 Section 11A (Release of intellectually impaired person)
3 Section 11A (Release of intellectually impaired person)
s 11 10 s 13
Criminal Law Amendment
(5) Section 18-- 1
insert-- 2
`(b) where the defendant is released under section 11A-- 3
(i) consent to the defendant's release without bail; and 4
(ii) whether the defendant is released into the care of another 5
person or permitted to go at large; and 6
(iii) if the defendant is released into the care of another person, 7
the person's name; and 8
(iv) the court into whose custody the defendant is required to 9
surrender as a condition of release; and 10
(v) the time and place the defendant is required to surrender into 11
the court's custody; or'. 12
of s 19B (Review of certain bail decisions) 13
Amendment
Clause 11.(1) Section 19B, heading-- 14
omit, insert-- 15
`Review of particular decisions'. 16
(2) Section 19B(1) and (2), `bail'-- 17
omit, insert-- 18
`release under this part'. 19
of s 19C (Review by Supreme Court of magistrate's 20
Amendment
decision on a review) 21
Clause 12. Section 19C(1), `bail decision'-- 22
omit, insert-- 23
`decision about release under this part'. 24
of new s 28C 25
Insertion
Clause 13. After section 28B-- 26
s 13 11 s 13
Criminal Law Amendment
insert-- 1
for apprehension of person released under section 11A 2
`Warrant
`28C.(1) If a person is released under section 11A4 on condition the 3
person will surrender into the custody of a particular court at the time and 4
place stated in the notice under section 11B5 and the person fails to 5
surrender into the court's custody at the time and place-- 6
(a) the court may issue a warrant for the apprehension of the person 7
directing that the person be brought before the court; and 8
(b) the person is not liable to any other penalty for the failure to 9
surrender. 10
`(2) The warrant must-- 11
(a) name or describe the person; and 12
(b) state the name of the court; and 13
(c) state the time and place stated in the notice under section 11B at 14
which the person was required to surrender into the court's 15
custody; and 16
(d) state the person failed to surrender into the court's custody at the 17
stated time and place; and 18
(e) order the police officers to whom it is directed to apprehend the 19
person and cause the person to be brought before the court to be 20
dealt with according to law. 21
`(3) The court may withdraw and cancel the warrant if-- 22
(a) the person surrenders into the court's custody as soon as is 23
practicable after the stated time; and 24
(b) the court is given a satisfactory explanation as to why the person 25
failed to surrender into custody as required.'. 26
4 Section 11A (Release of intellectually impaired person)
5 Section 11B (Release notice)
s 14 12 s 16
Criminal Law Amendment
ART 3--AMENDMENT OF CRIMINAL CODE 1
P
amended in pt 3 2
Act
Clause 14. This part amends the Criminal Code. 3
of s 1 (Construction of terms) 4
Amendment
Clause 15.(1) Section 1, heading-- 5
omit, insert-- 6
`Definitions'. 7
(2) Section 1-- 8
insert-- 9
` "consent", for chapter 32,6 see section 348. 10
"genitalia" includes surgically constructed genitalia. 11
"penetrate", for chapter 32,7 see section 347. 12
"penis" includes a surgically constructed penis, whether provided for a 13
male or female. 14
"vagina" includes a surgically constructed vagina, whether provided for a 15
male or female. 16
"vulva" includes a surgically constructed vulva, whether provided for a 17
male or female.'. 18
of s 31 (Justification and excuse--compulsion) 19
Amendment
Clause 16.(1) Section 31(1)(d)-- 20
omit, insert-- 21
`(d) when-- 22
(i) the person does or omits to do the act in order to save 23
6 Chapter 32 (Rape and sexual assaults)
7 Chapter 32 (Rape and sexual assaults)
s 17 13 s 17
Criminal Law Amendment
himself or herself or another person, or his or her property 1
or the property of another person, from serious harm or 2
detriment threatened to be inflicted by some person in a 3
position to carry out the threat; and 4
(ii) the person doing the act or making the omission reasonably 5
believes he or she or the other person is unable otherwise to 6
escape the carrying out of the threat; and 7
(iii) doing the act or making the omission is reasonably 8
proportionate to the harm or detriment threatened.'. 9
(2) Section 31(2), `(2) But'-- 10
omit, insert-- 11
`(2) However,'. 12
of s 215 (Carnal knowledge of girls under 16) 13
Amendment
Clause 17.(1) Section 215, heading, `of girls'-- 14
omit, insert-- 15
`with or of children'. 16
(2) Section 215(1), `of a girl'-- 17
omit, insert-- 18
`with or of a child'. 19
(3) Section 215(2) to (5), `girl'-- 20
omit, insert-- 21
`child'. 22
(4) Section 215(4), `her guardian'-- 23
omit, insert-- 24
`the child's guardian'. 25
s 18 14 s 19
Criminal Law Amendment
(5) Section 215(4), `has her'-- 1
omit, insert-- 2
`has the child'. 3
of s 228 (Obscene publications and exhibitions) 4
Amendment
Clause 18.(1) Section 228(1)(a)-- 5
omit, insert-- 6
`(a) publicly sells, distributes or exposes for sale any obscene book or 7
other obscene printed or written matter, any obscene computer 8
generated image or any obscene picture, photograph, drawing, or 9
model, or any other object tending to corrupt morals; or'. 10
(2) Section 228-- 11
insert-- 12
`(6) In this section-- 13
"computer generated image" means electronically recorded data capable, 14
by way of an electronic device, of being produced on a computer 15
monitor, television screen, liquid crystal display or similar medium as 16
an image, including an image in the form of text.'. 17
of new ss 323A and 323B 18
Insertion
Clause 19. After section 323-- 19
insert-- 20
genital mutilation 21
`Female
`323A.(1) Any person who performs female genital mutilation on 22
another person is guilty of a crime. 23
Maximum penalty--14 years imprisonment. 24
`(2) It is not a defence that the other person, or, if the other person is a 25
child, a parent or guardian of the other person, consented to the mutilation. 26
`(3) In this section-- 27
"female genital mutilation" means-- 28
s 19 15 s 19
Criminal Law Amendment
(a) clitoridectomy; or 1
(b) excision of any other part of the female genitalia; or 2
(c) a procedure to narrow or close the vaginal opening; or 3
(d) any other mutilation of the female genitalia; 4
but does not include-- 5
(e) a sexual reassignment procedure; or 6
(f) a medical procedure for a genuine therapeutic purpose. 7
"medical procedure for a genuine therapeutic purpose" means a 8
medical procedure that is-- 9
(a) directed only at curing or alleviating a physiological disability, 10
physical abnormality, psychological disorder or pathological 11
condition; or 12
(b) performed on a person in labour or who has just given birth and 13
directed only at alleviating physical symptoms in relation to the 14
labour or birth or for other medical purposes; or 15
(c) performed on a person who has been subjected to female genital 16
mutilation and directed only at treating the effects, or to reversing 17
the effects, of the previous mutilation. 18
"sexual reassignment procedure" means a surgical procedure to give a 19
person the genital appearance of a particular sex, whether male or 20
female. 21
of child from State for female genital mutilation 22
`Removal
`323B.(1) Any person who takes a child from the State, or arranges for a 23
child to be taken from the State, with the intention of having female genital 24
mutilation performed on the child is guilty of a crime. 25
Maximum penalty--14 years imprisonment. 26
`(2) In the absence of proof to the contrary, it is to be presumed that a 27
person took a child, or arranged for a child to be taken, from the State with 28
the intention of having female genital mutilation performed on the child if it 29
is proved-- 30
(a) the person took the child, or arranged for the child to be taken, 31
s 20 16 s 24
Criminal Law Amendment
from the State; and 1
(b) female genital mutilation was performed on the child while 2
outside the State. 3
`(3) In this section-- 4
"child" means a person under 18 years. 5
"female genital mutilation" see section 323A.'. 6
of s 336 (Assault with intent to commit rape) 7
Relocation
Clause 20. Section 336-- 8
relocate and renumber as section 351. 9
of s 337 (Sexual assaults) 10
Omission
Clause 21. Section 337-- 11
omit. 12
of ch 32 heading (Assaults on Females--Abduction) 13
Replacement
Clause 22. Chapter 32, heading-- 14
omit, insert-- 15
`CHAPTER 32--RAPE AND SEXUAL ASSAULTS'. 16
of s 349 (Attempt to commit rape) 17
Renumbering
Clause 23. Section 349-- 18
renumber as section 350. 19
of ss 347 and 348 20
Replacement
Clause 24. Sections 347 and 348-- 21
omit, insert-- 22
s 24 17 s 24
Criminal Law Amendment
for ch 32 1
`Definitions
`347. In this chapter-- 2
"consent" see section 348. 3
"penetrate" does not include penetrate for a proper medical, hygienic or 4
law enforcement purpose only. 5
of "consent" 6
`Meaning
`348.(1) In this chapter, "consent" means consent freely and voluntarily 7
given by a person with the cognitive capacity to give the consent. 8
`(2) Without limiting subsection (1), a person's consent to an act is not 9
freely and voluntarily given if it is obtained-- 10
(a) by force; or 11
(b) by threat or intimidation; or 12
(c) by fear of bodily harm; or 13
(d) by exercise of authority; or 14
(e) by false and fraudulent representations about the nature or 15
purpose of the act; or 16
(f) by a mistaken belief induced by the accused person that the 17
accused person was the person's sexual partner. 18
19
`Rape
`349.(1) Any person who rapes another person is guilty of a crime. 20
Maximum penalty--life imprisonment. 21
`(2) A person rapes another person if-- 22
(a) the person has carnal knowledge with or of the other person 23
without the other person's consent; or 24
(b) the person penetrates the vulva, vagina or anus of the other person 25
to any extent with a thing or a part of the person's body that is not 26
a penis without the other person's consent; or 27
s 25 18 s 26
Criminal Law Amendment
(c) the person penetrates the mouth of the other person to any extent 1
with the person's penis without the other person's consent.'. 2
of s 351 (Abduction) 3
Omission
Clause 25. Section 351-- 4
omit. 5
of new s 352 6
Insertion
Clause 26. Chapter 32-- 7
insert-- 8
assaults 9
`Sexual
`352.(1) Any person who-- 10
(a) unlawfully and indecently assaults another person; or 11
(b) procures another person, without the person's consent-- 12
(i) to commit an act of gross indecency; or 13
(ii) to witness an act of gross indecency by the person or any 14
other person; 15
is guilty of a crime. 16
Maximum penalty--10 years imprisonment. 17
`(2) However, the offender is liable to a maximum penalty of 14 years 18
imprisonment for an offence defined in subsection (1)(a) or (1)(b)(i) if the 19
indecent assault or act of gross indecency includes bringing into contact any 20
part of the genitalia or the anus of a person with any part of the mouth of a 21
person. 22
`(3) Further, the offender is liable to a maximum penalty of life 23
imprisonment if-- 24
(a) immediately before, during, or immediately after, the offence, the 25
offender is, or pretends to be, armed with a dangerous or 26
offensive weapon, or is in company with any other person; or 27
(b) for an offence defined in subsection (1)(a), the indecent assault 28
includes the person who is assaulted penetrating the offender's 29
s 27 19 s 28
Criminal Law Amendment
vagina, vulva or anus to any extent with a thing or a part of the 1
person's body that is not a penis; or 2
(c) for an offence defined in subsection (1)(b)(i), the act of gross 3
indecency includes the person who is procured by the offender 4
penetrating the vagina, vulva or anus of the person who is 5
procured or another person to any extent with a thing or a part of 6
the body of the person who is procured that is not a penis.'. 7
of s 354 (Kidnapping) 8
Replacement
Clause 27. Section 354-- 9
omit, insert-- 10
idnapping 11
`K
`354.(1) Any person who kidnaps another person is guilty of a crime. 12
Maximum penalty--7 years imprisonment. 13
`(2) A person kidnaps another person if the person unlawfully and 14
forcibly takes or detains the other person with intent to gain anything from 15
any person or to procure anything to be done or omitted to be done by any 16
person.'. 17
of section 578 (Charge of offence of a sexual nature) 18
Amendment
Clause 28.(1) Section 578(1), `218 or 337'-- 19
omit, insert-- 20
`218, 222 or 352'. 21
(2) Section 578(1A), `337'-- 22
omit, insert-- 23
`352'. 24
(3) Section 578(2), `of a girl'-- 25
omit, insert-- 26
`with or of a child'. 27
s 29 20 s 30
Criminal Law Amendment
(4) Section 578(4), from `216'-- 1
omit, insert-- 2
`215, 216, 217, 218, 349, 350 or 352.'. 3
of new s 590C 4
Insertion
Clause 29. After section 590B-- 5
insert-- 6
notice of representation if person who made it is unavailable 7
`Advance
`590C.(1) If a party to a trial intends to adduce evidence of a 8
representation under the Evidence Act 1977, section 93B,8 the party must, as 9
soon as practicable before the trial date, give each of the other parties to the 10
trial written notice of the party's intention. 11
`(2) The notice must state-- 12
(a) the party intends to adduce evidence of a representation under the 13
Evidence Act 1977, section 93B; and 14
(b) the name of the person with personal knowledge of an asserted 15
fact who made a representation and the reason the person is 16
unavailable to give evidence about the asserted fact; and 17
(c) the name of the person who saw, heard or otherwise perceived the 18
representation; and 19
(d) details of the representation and the circumstances in which it was 20
made. 21
`(3) The directions judge under section 592A or trial judge may fix a time 22
for compliance with subsection (1).'. 23
of s 592A (Pre-trial directions and rulings) 24
Amendment
Clause 30.(1) Section 592A(2)(l)-- 25
renumber as section 592A(2)(m). 26
8 Evidence Act 1977, section 93B (Admissibility of representation in prescribed
criminal proceedings if person who made it is unavailable)
s 31 21 s 35
Criminal Law Amendment
(2) Section 592A(2)-- 1
insert-- 2
`(l) the Evidence Act 1977, part 2, division 6;9 or'. 3
of s 632 (Corroboration) 4
Amendment
Clause 31. Section 632(3), `complainants'-- 5
omit, insert-- 6
`persons'. 7
of ch 69 (Seizure and detention of property connected 8
Amendment
with offences--Custody of women unlawfully detained for immoral 9
purposes--Restitution of property unlawfully acquired) 10
Clause 32. Chapter 69, heading, `Custody of women unlawfully detained for 11
immoral purposes--'-- 12
omit. 13
of s 684 (Women detained for immoral purposes) 14
Omission
Clause 33. Section 684-- 15
omit. 16
of s 701 (Custody of girls under 18) 17
Omission
Clause 34. Section 701-- 18
omit. 19
of new ch 74 20
Insertion
Clause 35. After chapter 73-- 21
insert-- 22
9 Evidence Act 1977, part 2 (Witnesses), division 6 (Cross-examination of
protected witnesses)
s 36 22 s 37
Criminal Law Amendment
HAPTER 74--TRANSITIONAL PROVISION 1
`C
FOR CRIMINAL LAW AMENDMENT ACT 2000 2
provision for Criminal Law Amendment Act 2000 3
`Transitional
`711.(1) In relation to an indictment mentioned in section 578(1), (1A) 4
or (4)10 charging a person with an offence that was committed before the 5
commencement of this section, the reference in those provisions to 6
section 352 is a reference to section 337 as in force at any time before the 7
commencement of this section. 8
`(2) In relation to an indictment presented before the commencement of 9
this section, the person charged in the indictment may be convicted of an 10
offence because of section 578 only if the person could have been convicted 11
of the offence because of section 578 as in force immediately before the 12
commencement of this section.'. 13
ART 4--AMENDMENT OF CRIMINAL LAW 14
P
(SEXUAL OFFENCES) ACT 1978 15
amended in pt 4 16
Act
Clause 36. This part amends the Criminal Law (Sexual Offences) Act 1978. 17
of s 3 (Meaning of terms) 18
Amendment
Clause 37.(1) Section 3, heading-- 19
omit, insert-- 20
`Definitions'. 21
(2) Section 3, definition "complainant", from `, but does not include'-- 22
omit. 23
10 Section 578 (Charge of offence of a sexual nature)
s 38 23 s 38
Criminal Law Amendment
(3) Section 3, definition "prescribed sexual offence", paragraph (d)-- 1
omit, insert-- 2
`(d) an offence defined in the Criminal Code, section 352.11'. 3
of s 4 (Special rules of evidence concerning sexual 4
Amendment
offences) 5
Clause 38.(1) Section 4, `prescribed'-- 6
omit. 7
(2) Section 4, rule 2, `other than the defendant'-- 8
omit. 9
(3) Section 4, rule 4, first sentence-- 10
omit, insert-- 11
`4. Evidence relating to or tending to establish the fact that the 12
complainant has engaged in sexual activity with a person or 13
persons must not be regarded as having substantial relevance to 14
the facts in issue only because of any inference it may raise about 15
general disposition. 16
17
Example of inference about general disposition--
18
An inference that the complainant, because of having engaged in conduct
19
of a sexual nature, is more likely to have consented to the conduct
20
involved in the offence.'.
(4) Section 4, rule 5-- 21
renumber as rule 6. 22
(5) Section 4-- 23
insert-- 24
`5. Evidence relating to or tending to establish the fact that the 25
complainant has engaged in sexual activity with a person or 26
persons is not proper matter for cross-examination as to credit 27
unless, because of special circumstances, the court considers the 28
evidence would be likely to materially impair confidence in the 29
11 The Criminal Code, section 352 (Sexual assaults)
s 39 24 s 41
Criminal Law Amendment
reliability of the complainant's evidence. 1
The purpose of this rule is to ensure that a complainant is not 2
regarded as less worthy of belief as a witness only because the 3
complainant has engaged in sexual activity.'. 4
of new s 14 5
Insertion
Clause 39. After section 13-- 6
insert-- 7
provision for Criminal Law Amendment Act 2000 8
`Transitional
`14. The reference in the definition of "prescribed sexual offence" in 9
section 3 to a sexual assault defined in the Criminal Code, section 352 is, in 10
relation to an offence that was committed before the commencement of this 11
section, a reference to a sexual assault defined in the Criminal Code, 12
section 337 as in force at any time before the commencement of this 13
section.'. 14
ART 5--AMENDMENT OF CRIMINAL OFFENCE 15
P
VICTIMS ACT 1995 16
amended in pt 5 17
Act
Clause 40. This part amends the Criminal Offence Victims Act 1995. 18
of s 14 (Information during sentencing of impact of crime 19
Amendment
on victim) 20
Clause 41.(1) Section 14(3)-- 21
renumber as section 14(4). 22
(2) Section 14-- 23
insert-- 24
`(3) However-- 25
s 42 25 s 44
Criminal Law Amendment
(a) it is not mandatory for a victim to give the prosecutor details of 1
the harm caused to the victim by the crime; and 2
(b) the fact that details of the harm caused to a victim by the crime are 3
absent at the sentencing does not of itself give rise to an inference 4
that the crime caused little or no harm to the victim.'. 5
PART 6--AMENDMENT OF EVIDENCE ACT 1977 6
amended in pt 6 7
Act
Clause 42. This part amends the Evidence Act 1977. 8
of s 3 (Definitions) 9
Amendment
Clause 43. Section 3-- 10
insert-- 11
` "intellectually impaired person" means a person who has a disability 12
that-- 13
(a) is attributable to an intellectual, psychiatric, cognitive or 14
neurological impairment or a combination of these; and 15
(b) results in-- 16
(i) a substantial reduction of the person's capacity for 17
communication, social interaction or learning; and 18
(ii) the person needing support. 19
"protected witness", for part 2, division 6, see section 21M.'. 20
of ss 9 and 9A 21
Replacement
Clause 44. Sections 9 and 9A-- 22
omit, insert-- 23
s 44 26 s 44
Criminal Law Amendment
of person who does not understand oath 1
`Evidence
`9.(1) This section applies if the court considers a person called as a 2
witness in a proceeding (the "witness") does not understand the nature of 3
an oath. 4
`(2) The court must explain to the witness the duty of speaking the truth. 5
`(3) Whether or not the witness understands the duty of speaking the 6
truth, the court must receive the witness's evidence even though it is not 7
given on oath. 8
`(4) Subsection (3) does not apply if the court is satisfied the witness 9
does not have sufficient intelligence to give reliable evidence. 10
`(5) If evidence is admitted under subsection (3)-- 11
(a) the probative value of the evidence is not decreased only because 12
the evidence is not given on oath; and 13
(b) a person charged with an offence may be convicted on the 14
evidence; and 15
(c) the witness is liable to be convicted of perjury to the same extent 16
as if the witness had given the evidence on oath. 17
`(6) Evidence admitted under subsection (3) that is written down as a 18
deposition is taken to be a deposition for all purposes. 19
evidence of ability to give reliable evidence 20
`Expert
`9A.(1) This section applies if-- 21
(a) a court is deciding whether a person who does not understand the 22
nature of an oath has sufficient intelligence to give reliable 23
evidence; or 24
(b) the evidence of a child less than 12 years is admitted. 25
`(2) Expert evidence is admissible in the proceeding about the witness's 26
level of intelligence, including the witness's powers of perception, memory 27
and expression, or another matter relevant to the witness's ability to give 28
reliable evidence.'. 29
s 45 27 s 45
Criminal Law Amendment
of ss 20 and 21 1
Replacement
Clause 45. Sections 20 and 21-- 2
omit, insert-- 3
as to credit 4
`Cross-examination
`20.(1) The court may disallow a question as to credit put to a witness in 5
cross-examination, or inform the witness the question need not be 6
answered, if the court considers an admission of the question's truth would 7
not materially impair confidence in the reliability of the witness's evidence. 8
`(2) In this section-- 9
"question as to credit", for a witness, means a question that is not relevant 10
to the proceeding except that an admission of the question's truth may 11
affect the witness's credit by injuring the witness's character. 12
questions 13
`Improper
`21.(1) The court may disallow a question put to a witness in 14
cross-examination or inform a witness a question need not be answered, if 15
the court considers the question is an improper question. 16
`(2) In deciding whether a question is an improper question, the court 17
must take into account-- 18
(a) any mental, intellectual or physical impairment the witness has or 19
appears to have; and 20
(b) any other matter about the witness the court considers relevant, 21
including, for example, age, education, level of understanding, 22
cultural background or relationship to any party to the proceeding. 23
`(3) Subsection (2) does not limit the matters the court may take into 24
account in deciding whether a question is an improper question. 25
`(4) In this section-- 26
"improper question" means a question that uses inappropriate language or 27
is misleading, confusing, annoying, harassing, intimidating, offensive, 28
oppressive or repetitive.'. 29
s 46 28 s 47
Criminal Law Amendment
of s 21A (Evidence of special witnesses) 1
Amendment
Clause 46.(1) Section 21A(1)-- 2
insert-- 3
` "relevant matter", for a person, means the person's age, education, level 4
of understanding, cultural background or relationship to any party to 5
the proceeding, the nature of the subject-matter of the evidence, or 6
another matter the court considers relevant.'. 7
(2) Section 21A(1), definition "special witness", paragraph (b)(i), 8
`intellectual impairment or cultural differences'-- 9
omit, insert-- 10
`a mental, intellectual or physical impairment or a relevant matter'. 11
(3) Section 21A(2), `make 1 or more of the following orders--'-- 12
omit, insert-- 13
`make or give 1 or more of the following orders or directions--'. 14
(4) Section 21A(2)-- 15
insert-- 16
`(f) another order or direction the court considers appropriate about 17
the giving of evidence by the special witness, including, for 18
example, a direction about rest breaks for the special witness or a 19
direction that questions for the special witness be kept simple.'. 20
of new pt 2, div 6 21
Insertion
Clause 47. Part 2-- 22
insert-- 23
`Division 6--Cross-examination of protected witnesses 24
of division 6 25
`Application
`21L. This division applies only to criminal proceedings, other than 26
summary proceedings under the Justices Act 1886. 27
s 47 29 s 47
Criminal Law Amendment
of "protected witness" 1
`Meaning
`21M.(1) For this division, each of the following persons is a "protected 2
witness"-- 3
(a) a witness under 16 years; 4
(b) a witness who is an intellectually impaired person; 5
(c) for a proceeding for a prescribed special offence, an alleged victim 6
of the offence; 7
(d) for a proceeding for a prescribed offence, an alleged victim of the 8
offence who the court considers would be likely to be 9
disadvantaged as a witness, or to suffer severe emotional trauma, 10
unless treated as a protected witness. 11
`(2) It does not matter whether the proceeding mentioned in 12
subsection (1)(c) or (d) relates also to another offence that is not a 13
prescribed special offence or a prescribed offence. 14
`(3) In this section-- 15
"alleged victim" of an offence means a person, other than the person 16
charged, who is-- 17
(a) alleged to be a person in relation to whom the offence was 18
committed; or 19
(b) alleged to have been subject to violence in relation to the offence. 20
"prescribed offence" means an offence defined in the Criminal Code, 21
section 75, 122, 127, 206, 308, 309, 323, 335, 338, 338A, 339, 340, 22
346, 354, 354A, 355, 359, 413, 414, 415, 416, 417, 417A or 419. 12 23
12 Criminal Code, section 75 (Threatening violence), 122 (Corrupting or
threatening jurors), 127 (Corruption of witnesses), 206 (Offering violence to
officiating ministers of religion), 308 (Threats to murder in document),
309 (Conspiring to murder), 323 (Wounding and similar acts), 335 (Common
assault), 338 (Assaults on persons protecting wrecks), 338A (Assaults of member
of crew on aircraft), 339 (Assaults occasioning bodily harm), 340 (Serious
assaults), 346 (Assaults in interference with freedom of trade or work),
354 (Kidnapping), 354A (Kidnapping for ransom), 355 (Deprivation of liberty),
359 (Threats), 413 (Assault with intent to steal), 414 (Demanding property with
menaces with intent to steal), 415 (Demanding property, benefit or performance
of services with threats), 416 (Attempts at extortion by threats), 417 (Procuring
execution of deeds etc. by threats), 417A (Taking control of aircraft) or
419 (Burglary)
s 47 30 s 47
Criminal Law Amendment
"prescribed special offence" means an offence defined in the Criminal 1
Code, section 208, 209, 210, 213, 215, 216, 217, 218, 219, 221, 222, 2
227, 229B, 306, 313, 315, 316, 317, 320, 320A, 322, 323A, 323B, 3
359E, 363, 363A, 364, 409 or 412 or chapter 32.13 4
"violence" means-- 5
(a) an assault on, or injury to, a person; or 6
(b) a threat of an assault on, or an injury to, a person. 7
cross-examination of protected witness by person charged 8
`No
`21N. A person charged may not cross-examine a protected witness in 9
person. 10
for cross-examination of protected witness if person 11
`Procedure
charged has no legal representative 12
`21O.(1) This section applies if-- 13
(a) a person charged does not have a legal representative for a 14
proceeding; and 15
(b) the court rules that a person is a protected witness for the 16
proceeding. 17
`(2) The court must advise the person charged present before the court 18
13 Criminal Code, section 208 (Unlawful sodomy), 209 (Attempted sodomy),
210 (Indecent treatment of children under 16), 213 (Owner etc. permitting abuse
of children on premises), 215 (Carnal knowledge with or of children under 16),
216 (Abuse of intellectually impaired persons), 217 (Procuring young person etc.
for carnal knowledge), 218 (Procuring sexual acts by coercion etc.), 219 (Taking
child for immoral purposes), 221 (Conspiracy to defile), 222 (Incest),
227 (Indecent acts), 229B (Maintaining a sexual relationship with a child),
306 (Attempt to murder), 313 (Killing unborn child), 315 (Disabling in order to
commit indictable offence), 316 (Stupefying in order to commit indictable
offence), 317 (Acts intended to cause grievous bodily harm and other malicious
acts), 320 (Grievous bodily harm), 320A (Torture), 322 (Maliciously
administering poison with intent to harm), 323A (Female genital mutilation),
323B (Removal of child from State for female genital mutilation),
359E (Punishment of unlawful stalking), 363 (Child-stealing), 363A (Abduction
of child under 16), 364 (Cruelty to children under 16), 409 (Definition of
"robbery") or 412 (Attempted robbery) or chapter 32 (Rape and sexual assaults)
s 47 31 s 47
Criminal Law Amendment
that-- 1
(a) the person charged may not cross-examine the protected witness 2
in person; and 3
(b) the court will arrange for the person charged to be given free legal 4
assistance by Legal Aid for the cross-examination unless the 5
person charged-- 6
(i) arranges for legal representation; or 7
(ii) does not want the protected witness to be cross-examined. 8
`(3) The court must also require the person charged to advise the court by 9
a particular date or time the court considers reasonable if the person 10
charged-- 11
(a) has arranged for a legal representative to act for the person 12
charged for the proceeding; or 13
(b) has arranged for a legal representative to act for the person 14
charged for cross-examination of the protected witness; or 15
(c) does not want the protected witness to be cross-examined. 16
`(4) If, by the particular date or time, the court has not received advice 17
from the person charged under subsection (3) that the person charged has 18
arranged for a legal representative or does not want the protected witness 19
cross-examined, the court must make an order that the person charged be 20
given free legal assistance by Legal Aid for the cross-examination of the 21
protected witness by a lawyer. 22
assistance for cross-examination of protected witness 23
`Legal
`21P. If a person charged is given legal assistance by Legal Aid because 24
of an order under section 21O(4), the lawyer who cross-examines the 25
protected witness for the person charged is the person's legal representative 26
for the purposes only of the cross-examination. 27
of Criminal Code, section 616 28
`Satisfaction
`21Q.(1) This section applies if a person charged who does not have a 29
legal representative for the cross-examination of a protected witness refuses 30
legal assistance, available because of an order under section 21O(4), to 31
s 48 32 s 48
Criminal Law Amendment
cross-examine the witness. 1
`(2) The Criminal Code, section 61614 is taken to have been satisfied for 2
the person charged in relation to cross-examination of the witness despite 3
the person charged being unable to cross-examine the witness because of 4
section 21N. 5
direction 6
`Jury
`21R.(1) This section applies if there is a jury and a person charged-- 7
(a) does not have a legal representative other than for the 8
cross-examination of a protected witness; or 9
(b) does not have a legal representative for the cross-examination of a 10
protected witness. 11
`(2) The court must give the jury any warning the court considers 12
necessary to ensure the person charged is not prejudiced by any inference 13
that might be drawn from the fact the person charged has been prevented 14
from cross-examining the protected witness in person. 15
directions and rulings concerning protected witnesses 16
`Orders,
`21S. The court may make any orders or give any directions or rulings it 17
considers appropriate for the purposes of this division on the court's own 18
initiative or on an application made to the court by a party to the 19
proceeding.'. 20
of pt 6 (Admissibility of statements) 21
Amendment
Clause 48. Part 6, heading-- 22
omit, insert-- 23
`PART 6--ADMISSIBILITY OF STATEMENTS AND 24
REPRESENTATIONS'. 25
14 Criminal Code, section 616 (Defence by counsel)
s 49 33 s 50
Criminal Law Amendment
of s 93A (Statement made before proceeding by child 1
Amendment
under 12 years or intellectually impaired person) 2
Clause 49. Section 93A(5)-- 3
omit. 4
of new ss 93B and 93C 5
Insertion
Clause 50. After section 93A-- 6
insert-- 7
of representation in prescribed criminal proceedings if 8
`Admissibility
person who made it is unavailable 9
`93B.(1) This section applies in a prescribed criminal proceeding if a 10
person with personal knowledge of an asserted fact-- 11
(a) made a representation about the asserted fact; and 12
(b) is unavailable to give evidence about the asserted fact because the 13
person is dead or mentally or physically incapable of giving the 14
evidence. 15
`(2) The hearsay rule does not apply to evidence of the representation 16
given by a person who saw, heard or otherwise perceived the representation, 17
if the representation was-- 18
(a) made when or shortly after the asserted fact happened and in 19
circumstances making it unlikely the representation is a 20
fabrication; or 21
(b) made in circumstances making it highly probable the 22
representation is reliable; or 23
(c) at the time it was made, against the interests of the person who 24
made it. 25
`(3) If evidence given by a person of a representation about a matter has 26
been adduced by a party and has been admitted under subsection (2), the 27
hearsay rule does not apply to the following evidence adduced by another 28
party to the proceeding-- 29
(a) evidence of the representation given by another person who saw, 30
heard or otherwise perceived the representation; 31
s 50 34 s 50
Criminal Law Amendment
(b) evidence of another representation about the matter given by a 1
person who saw, heard or otherwise perceived the other 2
representation. 3
`(4) In this section-- 4
"prescribed criminal proceeding" means a criminal proceeding against a 5
person for an offence defined in the Criminal Code, chapters 28 to 6
32.15 7
"representation" includes-- 8
(a) an express or implied representation, whether oral or written; and 9
(b) a representation to be inferred from conduct; and 10
(c) a representation not intended by the person making it to be 11
communicated to or seen by another person; and 12
(d) a representation that for any reason is not communicated. 13
and information for jury about hearsay evidence 14
`Warning
`93C.(1) This section applies if evidence is admitted under section 93B 15
("hearsay evidence") and there is a jury. 16
`(2) On request by a party, the court must, unless there are good reasons 17
for not doing so-- 18
(a) warn the jury the hearsay evidence may be unreliable; and 19
(b) inform the jury of matters that may cause the hearsay evidence to 20
be unreliable; and 21
(c) warn the jury of the need for caution in deciding whether to accept 22
the hearsay evidence and the weight to be given to it. 23
`(3) It is not necessary for a particular form of words to be used in giving 24
the warning or information. 25
`(4) This section does not affect another power of the court to give a 26
warning to, or to inform, the jury.'. 27
15 Chapters 28 (Homicide--Suicide--Concealment of Birth), 29 (Offences
endangering life or health), 30 (Assaults) and 32 (Rape and sexual assaults)
s 51 35 s 54
Criminal Law Amendment
of s 98 (Rejection of evidence) 1
Amendment
Clause 51. Section 98(1), after `statement'-- 2
insert-- 3
`or representation'. 4
ART 7--AMENDMENT OF LEGAL AID 5
P
QUEENSLAND ACT 1997 6
amended in pt 7 7
Act
Clause 52. This part amends the Legal Aid Queensland Act 1997. 8
of pt 2, div 3 9
Replacement
Clause 53. Part 2, division 3, heading-- 10
omit, insert-- 11
`Division 3--Reviews and court orders and recommendations'. 12
of new s 21A 13
Insertion
Clause 54. After section 21-- 14
insert-- 15
assistance ordered by court for cross-examination of protected 16
`Legal
witness 17
`21A. If a court makes an order under the Evidence Act 1977, 18
section 21O(4)16 that a person be given free legal assistance by Legal Aid 19
for the cross-examination of a protected witness, Legal Aid must give the 20
person the assistance.'. 21
16 Evidence Act 1977, section 21O (Procedure for cross-examination of protected
witness if person charged has no legal representative)
s 55 36 s 57
Criminal Law Amendment
ART 8--AMENDMENT OF PENALTIES AND 1
P
SENTENCES ACT 1992 2
amended in pt 8 3
Act
Clause 55. This part amends the Penalties and Sentences Act 1992. 4
of s 162 (Definitions) 5
Amendment
Clause 56. Section 162, definition "violent offence", paragraph (b), `337 or 6
347'-- 7
omit, insert-- 8
`349 or 352'. 9
of new s 208 10
Insertion
Clause 57. At the end-- 11
insert-- 12
provisions for Criminal Law Amendment Act 2000 13
`Transitional
`208.(1) The definition of "violent offence" in section 162 applies as if 14
the reference in the definition to the provision of the Criminal Code 15
mentioned in column 1 included a reference to the provision of the Criminal 16
Code mentioned in column 2 as in force at any time before the 17
commencement of this section. 18
Column 1 Column 2
215 215 19
349 347 20
352 337 21
`(2) The Criminal Code items in the schedule (Serious violent offences) 22
apply as if the reference in the item mentioned in column 1 to the provision 23
of the Criminal Code mentioned in column 2 included a reference to the 24
provision of the Criminal Code mentioned in column 3 as in force at any 25
time before the commencement of this section. 26
s 58 37 s 58
Criminal Law Amendment
Column 1 Column 2 Column 3
9. 215 215 1
35. 349 347 2
36. 350 349 3
37. 351 336 4
38. 352 337 5
39. 354 351 or 354'. 6
7
of schedule (Serious violent offences) 8
Amendment
Clause 58.(1) Schedule, Criminal Code items, items 9 and 33 to 39-- 9
omit, insert-- 10
`9. Section 215 (Carnal knowledge with or of children under 16) 11
33. Section 339 (Assaults occasioning bodily harm) 12
34. Section 340 (Serious assaults) 13
35. Section 349 (Rape) 14
36. Section 350 (Attempt to commit rape) 15
37. Section 351 (Assault with intent to commit rape) 16
38. Section 352 (Sexual assaults)'. 17
(2) Schedule, Criminal Code items, items 40 to 46-- 18
renumber as items 39 to 45. 19
© State of Queensland 2000
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