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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Criminal Case Conferencing Trial Bill
2008
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Application of provisions of this Act
4 Proceedings to which Act applies 3
5 Duration of trial scheme 3
Part 3 Compulsory conferences
6 Compulsory conference 4
7 Compulsory conference timetable 5
8 Brief of evidence 6
9 Pre-conference disclosure certificate 7
10 Explanation of accused person's rights 8
Criminal Case Conferencing Trial Bill 2008
Contents
Page
11 Persons who are to be present at compulsory conference 8
12 Compulsory conference certificate 9
13 Effect of compulsory conference certificate 10
14 Certain matters not taken to be pre-trial disclosures 11
15 Practice directions 11
Part 4 Sentences--guilty pleas
16 Sentencing for certain indictable offences taking into
account guilty plea 12
17 Discount for guilty plea 13
18 Excluded offences 14
Part 5 Relationship of this Act with other Acts
19 Relationship with Criminal Procedure Act 1986 and Crimes
(Sentencing Procedure) Act 1999 16
20 Relationship with Bail Act 1978 16
Part 6 Miscellaneous
21 Memorandum of understanding between NSW Police
Force and the Director of Public Prosecutions 17
22 Regulations 17
23 Savings, transitional and other provisions 17
Schedule 1 Savings, transitional and other provisions 18
Contents page 2
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE COUNCIL,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Parliaments
Legislative Council
2008
New South Wales
Criminal Case Conferencing Trial Bill
2008
Act No , 2008
An Act to provide for a trial scheme of compulsory pre-committal conferences and
codification of sentence discounts for guilty pleas; and for other purposes.
Clause 1 Criminal Case Conferencing Trial Bill 2008
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Criminal Case Conferencing Trial Act 2008.
2 Commencement
This Act commences on the date of assent.
3 Definitions
(1) In this Act:
committal proceedings means proceedings for the purpose of deciding
whether a person charged with an indictable offence should be
committed for trial or sentence.
compulsory conference means a compulsory conference under Part 3.
compulsory conference certificate means a certificate complying with
section 12.
indictable offence does not include an indictable offence being dealt
with summarily.
pre-conference disclosure certificate means a certificate complying
with section 9.
sentencing court, in relation to an accused person who is found guilty
of or pleads guilty to an offence, means the court imposing a penalty in
respect of the offence and includes a court hearing an appeal against a
sentence imposed in respect of the offence.
(2) Notes included in this Act do not form part of this Act.
Page 2
Criminal Case Conferencing Trial Bill 2008 Clause 4
Application of provisions of this Act Part 2
Part 2 Application of provisions of this Act
4 Proceedings to which Act applies
(1) This Act applies to proceedings in relation to an indictable offence if,
and only if, committal proceedings in respect of the offence will be
heard in the Local Court sitting at the Downing Centre, Sydney and
Central, Sydney.
(2) The regulations may extend the application of this Act to such
proceedings in other courts or courts sitting at other places or may apply
this Act to such proceedings in other courts or courts sitting at other
places rather than as provided by subsection (1).
(3) Despite subsections (1) and (2), this Act extends to such proceedings
that have been transferred to another court if the compulsory conference
steps referred to in section 7 (1) (a) and (b) have been completed before
the transfer.
5 Duration of trial scheme
This Act applies only to proceedings in respect of an indictable offence
for which a court attendance notice was filed on or after 1 May 2008 but
before 1 May 2009 (or before such later date as may be prescribed by
the regulations) irrespective of whether the offence was committed
before or after 1 May 2008.
Page 3
Clause 6 Criminal Case Conferencing Trial Bill 2008
Part 3 Compulsory conferences
Part 3 Compulsory conferences
Note. This Part requires an accused person's legal representative and the prosecution to
participate in a compulsory conference in relation to an offence before the accused person is
committed for trial for the offence except in certain circumstances (for example, where the
accused person enters, or agrees in writing to enter, a guilty plea before a conference is held
or if the offence is an offence for which a compulsory conference is not required to be held
under the Part). The Part sets out various requirements concerning the holding of such a
conference. A compulsory conference certificate must be prepared after the holding of a
conference that certifies various matters agreed to by the parties at the conference (including,
for example, an offer by the accused person to plead guilty to an offence that he or she had
been charged with before the conference or an offer by the accused person to plead guilty to
an alternative offence to the offence that he or she has been charged with). The certificate may
be used by a sentencing court in limited circumstances to verify matters such as an offer to
plead guilty to a specific offence.
6 Compulsory conference
(1) A compulsory conference must be held in accordance with this Part in
relation to an indictable offence unless:
(a) the offence:
(i) is an offence to which section 16 does not apply, or
(ii) is any other offence prescribed by the regulations, or
(b) the accused person pleads guilty to the offence before a
pre-conference disclosure certificate in relation to the offence is
filed in accordance with section 9, or
(c) the accused person pleads guilty, or agrees in writing to plead
guilty, to the offence before the date and time set down under
section 7 (2) for the holding of the conference, or
(d) the accused person has no legal representative, or
(e) the prosecution is not conducted by the Director of Public
Prosecutions, or
(f) a Magistrate makes an order under subsection (5) that the
compulsory conference need not be held.
(2) A compulsory conference in relation to an offence may not be held
unless the prosecution:
(a) has served (or caused to be served) on the accused person or the
accused person's legal representative a copy of a brief of
evidence in relation to the offence that complies with section 8,
and
(b) has served (or caused to be served) on the accused person or the
accused person's legal representative a copy of the
pre-conference disclosure certificate in relation to the offence,
and
Page 4
Criminal Case Conferencing Trial Bill 2008 Clause 7
Compulsory conferences Part 3
(c) has filed the pre-conference disclosure certificate with a Local
Court.
Note. Section 7 contains requirements concerning the time at which a
compulsory conference must be held, the service of briefs of evidence and
pre-conference disclosure certificates and other compulsory conference steps.
(3) The purpose of the compulsory conference is to determine whether
there is any offence or are any offences to which the accused person is
willing to plead guilty and any other matters referred to in section 12 (3)
on which the accused person and the prosecution are able to reach
agreement.
(4) Evidence of anything said between the parties, or of any admission
made, during a compulsory conference or during negotiations after the
conference concerning a plea to be made by the accused person is not
admissible in any proceedings before a court, tribunal or body, except
as provided by section 13.
(5) A Magistrate may, on application by the accused person or the
prosecution, order that a compulsory conference need not be held in
relation to an offence if the Magistrate is satisfied that exceptional
circumstances exist that would make it impossible or impracticable to
hold the conference or that it would be highly unlikely that the holding
of the conference would achieve the purpose referred to in
subsection (3).
(6) The Magistrate is to make a record of the reasons for making the order.
7 Compulsory conference timetable
(1) For the purposes of this section, the compulsory conference steps are
the following steps taken with respect to a compulsory conference
between the legal representative of an accused person and the
prosecution:
(a) service of a copy of a brief of evidence complying with section 8
on the accused person or the accused person's legal
representative,
(b) service of a copy of a pre-conference disclosure certificate
complying with section 9 on the accused person or the accused
person's legal representative,
(c) filing of the pre-conference disclosure certificate,
(d) the holding of the compulsory conference,
(e) filing of a compulsory conference certificate.
(2) The date and time set for the holding of the compulsory conference must
be before the date and time set down under section 60 of the Criminal
Page 5
Clause 8 Criminal Case Conferencing Trial Bill 2008
Part 3 Compulsory conferences
Procedure Act 1986 for the taking of prosecution evidence in any
committal proceedings with respect to the offence.
(3) If a compulsory conference is required to be held in relation to an
offence in respect of which a court attendance notice was issued:
(a) section 60 (1) of the Criminal Procedure Act 1986 is to be read
as requiring the Magistrate, on the date on which the
pre-conference disclosure certificate relating to the offence or
offences is tendered (or at such later time or times as the
Magistrate determines), to set the matters specified in
paragraphs (a) and (b) of that subsection, and
(b) section 60 (1) (a) of that Act is to be read as not applying to
written statements and copies of any proposed exhibits identified
in the statements (or a notice relating to the inspection of them)
previously served in accordance with section 8 (3) of this Act.
(4) The dates by which copies of the brief of evidence and pre-conference
disclosure certificate are to be served in relation to an offence are to be
set by a Magistrate in accordance with this section:
(a) except as provided by paragraph (b), on the date on which the
court attendance notice is filed in respect of the offence or at such
later time or times as the Magistrate determines, or
(b) if the offence is an offence in relation to which an election is
made in accordance with Chapter 5 of the Criminal Procedure
Act 1986 to deal with the offence on indictment--at the time the
election is made or at such later time or times as the Magistrate
determines.
(5) The compulsory conference steps are to be taken in accordance with a
timetable fixed by a Magistrate in accordance with any relevant practice
directions of the Chief Magistrate.
(6) A registrar may exercise the Magistrate's functions under
subsection (5).
(7) A compulsory conference step may be taken after the date and time or
period fixed with the leave of a Magistrate, if the Magistrate is satisfied
that special circumstances exist.
8 Brief of evidence
(1) The brief of evidence relating to an offence or offences to be the subject
of a compulsory conference is (subject to subsection (2)) to consist of
documents regarding the evidence that the prosecutor intends to adduce
in order to prove the commission of the offence or offences and is to
include:
Page 6
Criminal Case Conferencing Trial Bill 2008 Clause 9
Compulsory conferences Part 3
(a) any written statements taken from persons the prosecutor intends
to call to give evidence in proceedings for the offence or
offences, and
(b) copies of any document or other thing identified in such a written
statement as a proposed exhibit or advice as to where any such
document or thing may be inspected.
(2) A copy of the brief of evidence is to comply with any other requirement
applicable to it that is prescribed by the regulations.
(3) The brief of evidence is to be served (or caused to be served) by the
prosecution on the accused person or the accused person's legal
representative in accordance with the timetable set under section 7.
(4) Service of a copy of a brief of evidence for the purposes of this Part does
not (except as otherwise provided by this Act) affect any other
requirement under the Criminal Procedure Act 1986 to serve a brief of
evidence or written statement on the accused person.
9 Pre-conference disclosure certificate
(1) A pre-conference disclosure certificate is a document prepared by the
prosecution before the holding of a compulsory conference with the
accused person's legal representative that:
(a) sets out the offence or offences (including any back up or related
offences within the meaning of section 165 of the Criminal
Procedure Act 1986) with which the accused person has been
charged, and
(b) certifies that:
(i) a copy of a brief of evidence referred to in section 8 is in
the possession of the prosecution, and
(ii) the prosecution has disclosed all material in its possession
that is of relevance to the matters on which agreement is to
be sought at the compulsory conference, and
(c) confirms that the prosecution considers the evidence is capable of
establishing the elements of the offence or offences charged, and
(d) indicates whether the prosecution has excluded any such offence
from the operation of section 16 under section 18.
Note. Section 16 contains provisions relating to sentence discounts for
benefits associated with guilty pleas.
Page 7
Clause 10 Criminal Case Conferencing Trial Bill 2008
Part 3 Compulsory conferences
(2) A copy of the pre-conference disclosure certificate is to be served (or
caused to be served) by the prosecution on the accused person or the
accused person's legal representative in accordance with the timetable
set under section 7.
(3) A pre-conference disclosure certificate is conclusive evidence of the
matters certified in it in any proceedings in a Local Court with respect
to the offences set out in it and the completeness and accuracy of the
matters may not be challenged in any manner in such proceedings.
(4) A pre-conference disclosure certificate is to be in the form approved for
the time being by the Director-General of the Attorney General's
Department.
(5) The pre-conference disclosure certificate is to be filed with a Local
Court in accordance with the timetable fixed under section 7.
(6) A pre-conference disclosure certificate must be signed by or on behalf
of the Director of Public Prosecutions.
(7) Nothing in this section affects any immunity that applies by law to the
disclosure of any information, document or other thing, including, for
example, legal professional or client legal privilege, public interest
immunity and sexual assault communications privilege under
Division 2 of Part 5 of Chapter 6 of the Criminal Procedure Act 1986.
10 Explanation of accused person's rights
(1) When the Magistrate sets a timeframe for the holding of a compulsory
conference, the Magistrate must give to the accused person a statement
in writing that explains:
(a) the effect of this Part and the accused person's rights in relation
to this Part, and
(b) the effect of sections 1618 of this Act and the accused person's
rights under those sections.
Note. Sections 1618 of this Act set out the sentence discounts that a
court must or may allow for a guilty plea in relation to certain indictable
offences.
(2) The statement must be in the form of words prescribed by the
regulations.
11 Persons who are to be present at compulsory conference
(1) The following persons must (subject to this section) be present during a
compulsory conference:
(a) an officer of the Office of the Director of Public Prosecutions
representing the prosecution,
(b) the accused person's legal representative.
Page 8
Criminal Case Conferencing Trial Bill 2008 Clause 12
Compulsory conferences Part 3
(2) A requirement under this section that a person be present for the
purposes of a compulsory conference is taken to be satisfied if the
person is present or available by way of an audio visual link or
telephone.
(3) The accused person's legal representative is to obtain the accused
person's written instructions concerning the matters referred to in
section 12 (3) before participating in the compulsory conference unless
it is reasonably practicable to obtain those instructions in person, by
audio visual link or by telephone during the conference.
(4) If the accused person has been charged jointly with any other person
with the offence concerned, a separate compulsory conference is to be
held for each co-accused. However, a joint compulsory conference may
be held for two or more such co-accused, with the consent of the
prosecution and each of the co-accused concerned.
(5) A joint compulsory conference may be held only if the requirements of
sections 6 and 10 have been complied with for each co-accused.
(6) The regulations may make provision for or with respect to the use of
audio visual links for the purposes of compulsory conferences.
(7) In this section, audio visual link means facilities (including closed
circuit television) that enable audio and visual communication between
persons at different places.
12 Compulsory conference certificate
(1) The prosecution and a legal representative who acted on the accused
person's behalf at the conference must complete a compulsory
conference certificate after a compulsory conference.
(2) The compulsory conference certificate is to be signed by the
prosecution and the accused person before it is filed in accordance with
subsection (4).
(3) The compulsory conference certificate is to certify as to the following
matters:
(a) the offence or offences (including any back up or related offences
within the meaning of section 165 of the Criminal Procedure Act
1986) with which the accused person had been charged before the
conference and for which the prosecution will seek committal of
the accused person for trial or sentence,
(b) any alternative offences to those referred to in paragraph (a)
discussed at the compulsory conference,
(c) any of the offences referred to in paragraph (a) or (b) to which the
accused person has offered to plead guilty,
Page 9
Clause 13 Criminal Case Conferencing Trial Bill 2008
Part 3 Compulsory conferences
(d) whether the accused person or the prosecution has accepted or
rejected any such offers,
(e) if the accused person has offered to plead guilty to any offence
and the offer has been accepted by the prosecution--details of the
agreed facts on the basis of which the accused person has offered
to plead guilty and details of facts (if any) in dispute,
(f) any additional offences with which the accused person has been
charged to which the accused person has offered to plead guilty
and agreed to ask the court to take into account under section 33
of the Crimes (Sentencing Procedure) Act 1999,
(g) if the accused person considers the brief of evidence provided
inadequate information to enable the accused person to assess the
prosecution's case--details of the inadequacy.
(4) The prosecution is to file the compulsory conference certificate in a
sealed envelope with a Local Court in accordance with the timetable set
under section 7.
(5) The compulsory conference certificate may, on application, be amended
after it has been filed and before the accused person is committed for
trial or sentence with the consent of, and in the presence of, the
prosecution and the accused person or his or her legal representative.
(6) A requirement under this section for a compulsory conference
certificate to be signed is satisfied if the document:
(a) is authenticated by means of a facsimile of the relevant signature,
or
(b) is authenticated in some other manner in accordance with rules of
court under the Criminal Procedure Act 1986.
13 Effect of compulsory conference certificate
(1) Except as provided by this section, a compulsory conference certificate
that has been filed, or a copy of such a compulsory conference
certificate, is not admissible in any proceedings before any court,
tribunal or body and such a certificate and any of its contents:
(a) are not to be disclosed to any person other than the prosecution,
a police officer, the accused person or the accused person's legal
representative, the victim of the offence concerned or a member
of the victim's immediate family (within the meaning of the
Victims Support and Rehabilitation Act 1996), and
(b) cannot be required to be produced under a subpoena issued in any
proceedings before any court, tribunal or body.
Page 10
Criminal Case Conferencing Trial Bill 2008 Clause 14
Compulsory conferences Part 3
(2) A compulsory conference certificate, or copy of a compulsory
conference certificate, is admissible in any proceedings in a sentencing
court for the purpose set out in section 17 (7) and is evidence of the
matters certified in it.
(3) A compulsory conference certificate, or copy of a compulsory
conference certificate, and the contents of such a certificate may be
disclosed for the purposes of a proceeding referred to in subsection (2).
(4) A sentencing court must refuse to admit evidence of any compulsory
conference certificate if any provisions of this Part with respect to the
holding of the compulsory conference concerned or the preparation of
the certificate have not been complied with unless it is satisfied that
there was a good and proper reason for the failure to comply with the
provision concerned and that it is in the interests of justice to admit the
evidence.
(5) A person who discloses the contents of a compulsory conference
certificate, or copy of a compulsory conference certificate, in
contravention of subsection (1) is guilty of an offence.
Maximum penalty (subsection (5)): 20 penalty units.
14 Certain matters not taken to be pre-trial disclosures
The disclosure of any information during or in relation to a compulsory
conference is not, for the purposes of section 22A of the Crimes
(Sentencing Procedure) Act 1999, a pre-trial disclosure.
Note. Section 22A of the Crimes (Sentencing Procedure) Act 1999 enables a
court to impose a lesser penalty than it would otherwise impose on an offender
who was tried on indictment, having regard to the degree to which the defence
made pre-trial disclosures.
15 Practice directions
(1) The Chief Magistrate may give such directions as the Chief Magistrate
considers appropriate in connection with the practice and procedure to
be followed in proceedings relating to the taking of any compulsory
conference steps within the meaning of section 7 (1).
(2) A practice direction given under this section that is inconsistent with
this Act or the regulations does not apply to the extent of the
inconsistency.
Page 11
Clause 16 Criminal Case Conferencing Trial Bill 2008
Part 4 Sentences--guilty pleas
Part 4 Sentences--guilty pleas
16 Sentencing for certain indictable offences taking into account guilty plea
(1) In passing sentence for an indictable offence on an offender who has
pleaded guilty, a sentencing court:
(a) must indicate to the offender, and make a record of, the penalty it
would have imposed but for the guilty plea, and
(b) must allow a discount on the sentence for the guilty plea in
accordance with section 17 (1) and may allow a discount in
accordance with section 17 (2) or (4).
(2) A discount for a guilty plea, in relation to an offence, means a discount
for:
(a) the saving in resources and time that would otherwise be
expended in a trial for the offence but for the guilty plea, and
(b) the avoidance of the additional trauma to the victim that might be
caused by a trial for the offence, and
(c) the contrition that the sentencing court considers that the offender
demonstrates by pleading guilty, and
(d) any other benefit associated with or demonstrated by the guilty
plea.
(3) Despite subsection (1), a sentencing court must not allow any discount
for a guilty plea in the case of a sentence of life imprisonment.
(4) This section does not apply to an offence excluded from the application
of this section by section 18.
(5) Subsection (1) (a) does not limit any other requirement that a court has,
apart from that paragraph, to record the reasons for its decisions.
(6) The failure of a court to comply with subsection (1) (a) does not
invalidate any sentence imposed by the court.
(7) This section does not affect or limit any mitigating factor other than a
guilty plea that a court may take account of in determining the
appropriate sentence for an offence.
(8) Sections 21A (3) (k) and 22 of the Crimes (Sentencing Procedure) Act
1999 do not apply to the passing of a sentence to which this section
applies.
(9) A discount for a guilty plea is not to exceed the applicable limits
provided in section 17.
Page 12
Criminal Case Conferencing Trial Bill 2008 Clause 17
Sentences--guilty pleas Part 4
17 Discount for guilty plea
(1) If an offender pleaded guilty to an offence at any time before being
committed for sentence, the sentencing court must allow a discount for
the guilty plea calculated as follows:
(a) if the court imposes a sentence of imprisonment for a term--a
term that is 25% less than the term the court would otherwise
have imposed,
(b) if the court imposes a fine--a fine that is 25% less than the fine
the court would otherwise have imposed,
(c) if the court makes a community service order directing the
performance of community service work for a specified number
of hours--work for 25% less than the number of hours the court
would otherwise have ordered to be performed,
(d) if the court imposes a good behaviour bond for a term--a bond
for 25% less than the term the court would otherwise have
imposed.
(2) If an offender pleaded guilty to an offence at any time after being
committed for trial, the sentencing court may allow a discount for the
guilty plea of up to 12.5% less than the term, fine, work or bond that it
would otherwise have imposed.
(3) However, when calculating the appropriate discount for the purposes of
subsection (2), the court may only allow a discount that is proportionate
to the remaining benefit of the guilty plea as determined by reference to
the matters set out in section 16 (2).
(4) A sentencing court may allow a discount under this section for a guilty
plea that is greater than that referred to in subsection (2) (but not greater
than that referred to in subsection (1)) if an offender has pleaded guilty
to an offence after being committed for trial and the court is satisfied
that substantial grounds exist as referred to in subsection (5) for
allowing a greater discount.
(5) For the purposes of subsection (4), substantial grounds exist for
allowing a greater discount if:
(a) the compulsory conference certificate in relation to the offence
records an offer by the offender to plead guilty to an alternative
offence set out in the compulsory conference certificate that was
refused by the prosecutor at any time before committal for trial
and the offender was subsequently found guilty of that alternative
offence, or
(b) the compulsory conference certificate records an offer by the
offender to plead guilty to an alternative offence that was refused
Page 13
Clause 18 Criminal Case Conferencing Trial Bill 2008
Part 4 Sentences--guilty pleas
by the prosecutor at any time before committal for trial and
accepted by the prosecutor after committal for trial, or
(c) the offer to plead guilty to an alternative offence is made for the
first time, and accepted, after committal for trial and the offender
had no reasonable opportunity to offer to plead guilty to such an
offence before the committal, or
(d) the offender was found unfit to be tried for the offence concerned
after being committed for trial and pleaded guilty to the offence
when he or she was subsequently found fit to be tried.
(6) The burden of establishing the matters referred to in subsection (5) lies
on the offender and must be proved on the balance of probabilities.
(7) The sentencing court may, for the purpose only of resolving any issue
concerning the matters agreed to by parties at, or after, any compulsory
conference held in respect of the offence to which the offender has
pleaded guilty, or of making a determination in relation to any matter
referred to in subsection (5), take into account the compulsory
conference certificate relating to the conference.
18 Excluded offences
(1) Section 16 does not apply to:
(a) an offence under a law of the Commonwealth, unless the
regulations otherwise provide in the case of a particular offence
or class of offences, or
(b) an offence that is an offence excluded from the operation of that
section by the prosecutor in accordance with this section.
(2) A prosecutor may exclude an offence from the operation of section 16
by a notice in writing tendered at the time the pre-conference disclosure
certificate in relation to the offence is filed in accordance with section 9
or at such other time as is prescribed by the regulations.
(3) The prosecutor may exclude an offence only if satisfied that:
(a) the level of culpability in the commission of the offence is so
extreme that the community interest in retribution, punishment,
community protection and deterrence can only be met by
imposition of a penalty with no allowance for discount under
section 16, and
(b) it is highly probable that a reasonable jury, properly instructed,
would convict the accused person of the offence.
(4) A notice under subsection (2) must be signed by or on behalf of the
Director of Public Prosecutions.
Page 14
Criminal Case Conferencing Trial Bill 2008 Clause 18
Sentences--guilty pleas Part 4
(5) If the prosecutor excludes an offence, the sentencing court is to take into
account the reasons why the prosecutor excluded the offence when
passing sentence on the offender.
(6) Regulations may be made for or with respect to the exclusion of
offences under this section.
Page 15
Clause 19 Criminal Case Conferencing Trial Bill 2008
Part 5 Relationship of this Act with other Acts
Part 5 Relationship of this Act with other Acts
19 Relationship with Criminal Procedure Act 1986 and Crimes (Sentencing
Procedure) Act 1999
(1) Except as otherwise provided by this Act, the regulations or rules of
court referred to in subsection (2), this Act does not affect the
application of the Criminal Procedure Act 1986 and the Crimes
(Sentencing Procedure) Act 1999 to proceedings for offences to which
this Act applies.
(2) Rules of court (not inconsistent with this Act or the regulations) may be
made under the Criminal Procedure Act 1986 for the purposes of this
Act. This subsection does not limit the rule-making powers conferred
by the Criminal Procedure Act 1986.
20 Relationship with Bail Act 1978
(1) Without limiting section 6 of the Bail Act 1978, bail may be granted
under that section to an accused person in respect of the period between
the person's first appearance before a court in or in connection with
proceedings for an offence and the holding of a compulsory conference
in relation to the offence.
(2) Without limiting section 36 of the Bail Act 1978, bail may be granted
subject to a condition imposed under that section that the accused
person enter into an agreement to be available for the purposes of a
compulsory conference.
Page 16
Criminal Case Conferencing Trial Bill 2008 Clause 21
Miscellaneous Part 6
Part 6 Miscellaneous
21 Memorandum of understanding between NSW Police Force and the
Director of Public Prosecutions
(1) The Director of Public Prosecutions may enter into a memorandum of
understanding with the Commissioner of Police in relation to requests
for advice by police officers to the Director on any matter that could be
the subject of a compulsory conference.
(2) The memorandum of understanding may be amended, revoked or
replaced from time to time.
(3) Police functions and functions of the Office of the Director of Public
Prosecutions must, as far as practicable, be exercised in conformity with
the memorandum of understanding. However, a failure to comply with
this subsection does not itself invalidate anything done or omitted to be
done by a police officer or any officer (within the meaning of the
Director of Public Prosecutions Act 1986).
22 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted to
be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
(2) In particular, the regulations may make provision for or with respect to:
(a) the application of any provision (with or without modification) of
the Crimes (Sentencing Procedure) Act 1999 or the Criminal
Procedure Act 1986 to proceedings for offences to which this Act
applies, and
(b) the practice or procedure to be followed to give effect to this Act,
and
(c) the service of documents for the purposes of this Act.
(3) In this section, modification includes addition, exception, omission or
substitution.
23 Savings, transitional and other provisions
Schedule 1 has effect.
Page 17
Criminal Case Conferencing Trial Bill 2008
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other
provisions
(Section 23)
1 Regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) Any such provision may, if the regulations so provide, take effect from
the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that
is earlier than the date of its publication in the Gazette, the provision
does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to
be done before the date of its publication.
Page 18
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