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COURTS LEGISLATION (CROWN APPEALS) AMENDMENT
BILL 1994
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 Children (Criminal Proceedings) Act 1987 and
the Justices Act 1902 to enable the Crown to appeal to the District Court in relation to
penalties imposed by the Children's Court.
Section 27 of the Children (Criminal Proceedings) Act 1987 provides that (subject to
certain qualifications) the provisions of the Justices Act 1902 relating to criminal
proceedings before Magistrates and Justices apply to proceedings before the Children's
Court. However, section 42 (5) presently provides that Division 4A (Appeal to the
District Court by Crown) of Part 5 of the Justices Act 1902 does not apply to a decision
of the Children's Court.
The amendments to the Children (Criminal Proceedings) Act 1987 remove the bar in
section 42 that prevents the application of Division 4A of Part 5 of the Justices Act
1902 to decisions of the Children's Court. They also make it clear that Part 5 of the
Justices Act 1902 applies to appeals from decisions of the Children's Court in the same
way as it applies to appeals from decisions of the Local Court. The amendments to the
Justices Act 1902 ensure that a reference to "sentence" in Division 4A of Part 5 of that
Act is read as including a decision in relation to penalties made by the Children's Court
under the Children (Criminal Proceedings) Act 1987.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides that the proposed Act is to commence on a day to be appointed
by proclamation.
Clause 3 makes the amendments to the Children (Criminal Proceedings) Act 1987
described above.
Clause 4 makes the amendments to the Justices Act 1902 described above.
Clause 5 provides that the amendments apply only to decisions made by the
Children's Court on or after the commencement of the amendments.