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CRIMES (PUBLIC JUSTICE) AMENDMENT BILL 1990*
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The object of this Bill is to amend the Crimes Act 1900 to replace Parts 7 (Perjury
and like offences) and 8 (Conspiracy to accuse of crime) of that Act with a new Part
(Public justice offences) that deals with offences in the following areas:
* interference with the administration of justice
* interference with judicial officers, witnesses, jurors etc.
* perjury, false statements etc.
The proposed new Part will also abolish common law offences made redundant
by the new statutory offences or which are now obsolete.
The Bill also makes consequential amendments to other Acts.
Clause l specifies the short title of the proposed Act.
Clause 2 provides for the proposed Act to commence on a day or days to be
appointed by proclamation.
Clause 3 is a formal provision that gives effect to the Schedule of amendments to
the Crimes Act 1900 (Schedule 1).
Clause 4 is a formal provision that gives effect to the Schedule of consequential
amendments to other Acts (Schedule 2).
SCHEDULE 1 - AMENDMENT OF CRIMES ACT 1900
Schedule 1 (2) substitutes Parts 7 and 8 of the Act with a new Part dealing with
public justice offences. The proposed new Part contains the following provisions:
* Amended in committee - see table at end of volume.
Crimes (Public Justice) Amendment 990
CHAPTER 1 - Definitions
Proposed section 311 defines certain expressions used in the proposed Part. An
importnat definition is "serious offence" which means an offence punishable by at
Ieast 5 years' imprisonment or penal servitude.
Proposed section 312 defines what is meant by "perverting the course of justice".
Proposed section 313 provides that if it is an element of one of the proposed new
offences that a serious offence is involved it is not necessary for the prosecution to
establish that the accused knew the offence concerned was a serious offence.
CHAPTER 2 - Interference with the administration of justice
Proposed section 314 creates the offence of falsely accusing another person of an
offcnce knowing the person to be innocent (maximum penalty 7 years' penal
servitude).
Proposed section 315 creates the offence of doing anything to hinder the
investigation of a serious offence, the discovery of evidence of a serious offence or
the apprehension of a person for a serious offence (maximum penalty 7 years' penal
servitude).
Proposed section 316 creates the offence of failing to bring information
concerning a serious offence to the attention of the Police or other appropriate
authority (maximum penalty 2 years' imprisonment). If a bribe or other benefit is
solicited or accepted for concealing the information, a more serious offence is
committed with a maximum penalty of 5 years' imprisonment.
Proposed section 317 creates the offence of suppressing evidence or fabricating
or using false evidence (maximum penalty 10 years' penal servitude).
Proposed section 318 creates the offence of making or using a forged official
instrument (such as an arrest warrant, a garnishee order or an indemnity from
prosecution) intending to pervert the course of justice (maximum penalty 14 years'
penal servitude),
Proposed section 319 creates the general offence of perverting the course of
justice (maximum penalty 14 years' penal servitude). This offence will apply to
conduct not dealt with specifically by another provision of the proposed Chapter.
CHAPTER 3 - Interference with judicial officers, witnesses, jurors etc.
Proposed section 320 extends the meaning of "giving evidence" in the proposed
Chapter to include producing anything to be used as evidence.
Proposed section 321 creates the offence of corruption involving a witness or juror
(maximum penalty 10 years' penal servitude).
Proposed section 322 creates the offence of threatening or intimidating witnesses,
jurors, judicial officers or public justice officials (maximum penalty 10 years' penal
servitude).
Proposed section 323 creates the offence of trying improperly to influence a
witness or juror (maximum penalty 7 years' imprisonment).
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Proposed section 325 creates the offence of wilfully preventing, obstructing or
dissuading a witness from attending as a witness or producing evidence or from
attending as a juror (maximum penalty 5 years' imprisonment).
Proposed section 326 creates the offence of threatening or carrying out reprisals
against witnesses, jurors, judicial officers or public justice officials (maximum penalty
10 years' penal servitude).
CHAPTER 4 - Perjury, false statements etc.
Proposed section 327 restates the current offence of perjury (the making of a
material false statement on oath) and extends the offence so that it covers statements
made in connection with judicial proceedings and not just during judicial
proceedings as at present (maximum penalty 10 years' penal servitude).
Proposed section 328 creates a more serious offence (maximum penalty 14 years'
penal servitude) if perjury is committed with the intention of procuring the
conviction or acquittal of a person of a serious offence.
Proposed section 329 is a procedural provision that allows a jury to convict a
person charged with perjury of the lesser offence under proposed section 330.
Proposed section 330 restates the current offence of making a false statement on
oath knowing it to be false or not believing it to be true.
Proposed section 331 is a procedural provision that deals with the situation of 2
contradictory statements on oath where the jury cannot say which one is false. The
jury can still convict of perjury or of an offence under proposed section 330.
Proposed section 332 provides that certain technical and procedural defects do
not entitle an accused to acquittal on a charge of perjury or of an offence under
proposed section 330.
Proposed section 333 restates the current offence of subornation of perjury, i.e.
of procuring, persuading, inducing or otherwise causing a person to commit perjury
(maximum penalty 7 years' imprisonment). A more serious offence is committed
(maximum penalty 14 years' penal servitude) if subornation of perjury is committed
with intent to procure the conviction or acquittal of a person of a serious offence.
Proposed section 334 lists a number of formal and procedural matters that are not
to be taken into account for the purposes of offences under the proposed Chapter.
Proposed section 335 restates the current offence of giving false evidence on
commission (not on oath) under the Evidence Act 1898 (maximum penalty 5 years'
imprisonment).
Proposed section 336 creates the offence of making a false entry in, or making a
statement for the purposes of a false entry in, a public register (maximum penalty
5 years' imprisonment).
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Crimes (Public Justice) Amendment I990
Proposed section 337 creates the offence of a public officer issuing a false official
instrument that is potentially prejudicial to a person (maximum penalty 5 years'
imprisonment).
Proposed section 338 imposes restrictions on prosecutions for perjury. A
prosecution can be taken only by the Director of Public Prosecutions, by any person
at the direction of the Attorney General or with leave of the court before which the
perjury is alleged to have been committed. Notice of a proposed prosecution is
required to be given to the Director of Public Prosecutions.
Proposed section 339 applies the provisions of the proposed Chapter concerning
perjury to offences under other Acts that are declared to be perjury.
CHAPTER 5 - Miscellaneous
Proposed section 340 makes it clear that the abolition of common law offences
by proposed section 341 does not apply to offences committed before their abolition.
Proposed section 341 lists the common law offences that are abolished. The
offences will be redundant because of the proposed new offences to be created.
Proposed section 342 makes it clear that the abolition of the common law offence
of conspiracy to pervert the course of justice does not prevent the bringing of
proceedings for conspiracy to commit an offence under the proposed Part.
Proposed section 343 makes it clear that the common law offences of escaping or
assisting an escape from lawful custody are not abolished.
Proposed section 343A makes it clear that the proposed Part does not prevent or
affect any other punishment or forfeiture under any Act.
Schedule 1 (1) and (3)(6) make consequential amendments.
SCHEDULE 2 - CONSEQUENTIAL AMENDMENT OF OTHER ACTS
Schedule 2 makes consequential amendments to the Jury Act 1977, the Bail Act
1978 and the Commercial Arbitration Act 1984. The Oaths Act 1900 is also amended
to impose a maximum penalty of 2 years' imprisonment for unlawfully administering
an oath.
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