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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Criminal Procedure Amendment
(Sexual Offence Case Management)
Bill 2005
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Criminal Procedure Act 1986 No 209 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2005
New South Wales
Criminal Procedure Amendment
(Sexual Offence Case Management)
Bill 2005
Act No , 2005
An Act to amend the Criminal Procedure Act 1986 to provide that a pre-trial order
made in proceedings relating to a prescribed sexual offence is binding on the trial
Judge.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Criminal Procedure Amendment (Sexual Offence Case Management)
Clause 1 Bill 2005
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Criminal Procedure Amendment (Sexual Offence Case
Management) Act 2005.
2 Commencement
This Act commences on the date of assent to this Act.
3 Amendment of Criminal Procedure Act 1986 No 209
The Criminal Procedure Act 1986 is amended as set out in Schedule 1.
Page 2
Criminal Procedure Amendment (Sexual Offence Case Management)
Bill 2005
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 130A
Insert after section 130:
130A Pre-trial orders bind trial Judge in sexual offence proceedings
(1) A pre-trial order made by a Judge in sexual offence proceedings
is binding on the trial Judge in those proceedings unless, in the
opinion of the trial Judge, it would not be in the interests of justice
for the order to be binding.
(2) If, on an appeal against a conviction for a prescribed sexual
offence, a new trial is ordered, a pre-trial order made by a Judge
in relation to the sexual offence proceedings from which the
conviction arose is binding on the trial Judge hearing the fresh
trial proceedings unless:
(a) the pre-trial order is inconsistent with an order made on
appeal, or
(b) in the opinion of the trial Judge, it would not be in the
interests of justice for the order to be binding.
(3) If sexual offence proceedings before a trial Judge are
discontinued for any reason, a pre-trial order made by a Judge in
respect of those proceedings is binding on a trial Judge hearing
any subsequent trial proceedings relating to the same offence as
the discontinued proceedings unless, in the opinion of the trial
Judge, it would not be in the interests of justice for the order to be
binding.
(4) For the purposes of this section:
pre-trial order means any order made after the indictment is first
presented but before the empanelment of a jury for a trial.
sexual offence proceedings means proceedings on indictment in
respect of a prescribed sexual offence.
trial Judge means the Judge before whom the trial proceedings,
following empanelment of a jury, are heard.
(5) For the purposes of this section, a reference to the empanelment
of a jury is, in the case of a trial by a Judge alone, taken to be a
reference to the point in time when the Judge first assumes the
role of the tribunal of fact.
Page 3
Criminal Procedure Amendment (Sexual Offence Case Management)
Bill 2005
Schedule 1 Amendments
[2] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Criminal Procedure Amendment (Sexual Offence Case
Management) Act 2005
[3] Schedule 2
Insert at the end of the Schedule with appropriate Part and clause numbers:
Part Provisions consequent on enactment of
Criminal Procedure Amendment (Sexual
Offence Case Management) Act 2005
Application of section 130A
(1) Section 130A, as inserted by the amending Act, applies only to
pre-trial orders made after the commencement of that section
(irrespective of when the relevant sexual offence proceedings
commenced).
(2) In this clause, amending Act means the Criminal Procedure
Amendment (Sexual Offence Case Management) Act 2005.
Page 4
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