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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Evidence Legislation Amendment
(Accused Child Detainees) Bill 2003
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Evidence (Audio and Audio Visual Links)
Act 1998 No 105 2
4 Consequential amendment of Evidence (Children) Act 1997
No 143 2
Schedules
1 Amendment of Evidence (Audio and Audio Visual Links)
Act 1998 3
2 Consequential amendment of Evidence (Children) Act 1997 6
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, , 2003
New South Wales
Evidence Legislation Amendment
(Accused Child Detainees) Bill 2003
Act No , 2003
An Act to amend the Evidence (Audio and Audio Visual Links) Act 1998 with
respect to the giving of evidence by accused child detainees and to make
consequential amendments to the Evidence (Children) Act 1997; and for other
purposes.
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.
Clause 1 Evidence Legislation Amendment (Accused Child Detainees) Bill 2003
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Evidence Legislation Amendment (Accused Child
Detainees) Act 2003.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Evidence (Audio and Audio Visual Links) Act 1998
No 105
The Evidence (Audio and Audio Visual Links) Act 1998 is amended
as set out in Schedule 1.
4 Consequential amendment of Evidence (Children) Act 1997 No 143
The Evidence (Children) Act 1997 is amended as set out in
Schedule 2.
Page 2
Evidence Legislation Amendment (Accused Child Detainees) Bill 2003
Amendment of Evidence (Audio and Audio Visual Links) Act 1998 Schedule 1
Schedule 1 Amendment of Evidence (Audio and Audio
Visual Links) Act 1998
(Section 3)
[1] Section 3 Interpretation
Omit the definition of accused detainee from section 3 (1). Insert instead:
accused child detainee means an accused detainee who is a
child.
accused detainee means a person who is being held in
custody in a correctional centre, detention centre, police
station or other place of detention and includes, in relation to
a proceeding for a summary offence, a defendant who is so
being held.
[2] Section 3 (1), definition of "detention centre"
Insert in alphabetical order:
detention centre has the same meaning it has in the Children
(Detention Centres) Act 1987.
[3] Section 3 (1), definition of "participating State"
Omit "an law". Insert instead "a law".
[4] Section 5 Application of Act
Insert "(as in force immediately before the amendment of this subsection
by the Evidence Legislation Amendment (Accused Child Detainees)
Act 2003)" after "Part 1B" in section 5 (5).
[5] Section 5 (5A)
Insert after section 5 (5):
(5A) Part 1B (as amended by the Evidence Legislation Amendment
(Accused Child Detainees) Act 2003) extends to any
preliminary criminal proceeding or relevant criminal
proceeding pending in a NSW court after the commencement
of subsection (5) and before the commencement of this
subsection.
[6] Section 5 (6)
Insert "(other than section 5BBA)" after "Part 1B".
Page 3
Evidence Legislation Amendment (Accused Child Detainees) Bill 2003
Schedule 1 Amendment of Evidence (Audio and Audio Visual Links) Act 1998
[7] Section 5BA Appearances of accused detainee (other than
accused child detainee) by audio visual link in preliminary
criminal proceedings
Insert "(other than an accused child detainee)" after "An accused
detainee" in section 5BA (1).
[8] Section 5BB Appearances of accused detainee (other than
accused child detainee) by audio visual link in relevant criminal
proceedings
Insert "(other than an accused child detainee)" after "An accused
detainee" in section 5BB (1).
[9] Section 5BBA
Insert after section 5BB:
5BBA Appearances of accused child detainee by audio visual link in
preliminary criminal proceedings and relevant criminal
proceedings
(1) An accused child detainee who is required to appear (or be
brought or be present) before a NSW court in any preliminary
criminal proceedings, or in any relevant criminal proceedings,
concerning the offence for which the child is in custody must,
unless the court otherwise directs, appear physically before
the court in those proceedings.
(2) Subsection (1) does not apply if:
(a) the accused child detainee chooses to give evidence or
make any submission by audio visual link from any
place within New South Wales at which the accused
child detainee is in custody other than the courtroom or
place where the court is sitting, and
(b) all other parties to the proceeding consent to the
accused child detainee appearing before the court by
audio visual link from that place.
(3) The court may make a direction under subsection (1) on its
own motion or on the application of any party to the
proceeding.
Page 4
Evidence Legislation Amendment (Accused Child Detainees) Bill 2003
Amendment of Evidence (Audio and Audio Visual Links) Act 1998 Schedule 1
(4) The court may make such a direction only if it is satisfied,
after taking into account any factors that are relevant in the
circumstances of the case and that are specified in rules of
court, that it is in the interests of justice for the accused child
detainee to appear before the court by audio visual link from
the place within New South Wales at which the child is in
custody other than the courtroom or place where the court is
sitting.
(5) A person who was a child when a direction was made to
appear before a court by audio visual link as referred to in
subsection (4) is entitled to continue to appear before the court
by audio visual link in accordance with the direction even if
the person becomes an adult before the conclusion of the
proceeding concerned.
[10] Section 22 Regulations and rules of court
Insert after section 22 (4):
(5) Without limiting subsections (1) and (3), provision may be
made with respect to factors to be taken into account by a
court in determining whether an accused child detainee
should appear before the court by audio visual link.
Page 5
Evidence Legislation Amendment (Accused Child Detainees) Bill 2003
Schedule 2 Consequential amendment of Evidence (Children) Act 1997
Schedule 2 Consequential amendment of Evidence
(Children) Act 1997
(Section 4)
[1] Section 11 Child entitled to give evidence in chief in form of
recording
Insert after section 11 (2):
(3) Section 5BBA of the Evidence (Audio and Audio Visual
Links) Act 1998 does not apply to evidence given as referred
to in subsection (1).
[2] Section 19 Accused children may be allowed to give evidence by
closed-circuit television
Insert after section 19 (3):
(3A) A court may make an order under this section permitting a
child to whom this section applies who is an accused child
detainee within the meaning of the Evidence (Audio and
Audio Visual Links) Act 1998 to give evidence in a proceeding
to which this Part applies by means of closed-circuit
television facilities or any other similar technology prescribed
for the purposes of this section despite section 5BBA of that
Act.
Page 6
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