New South Wales Consolidated Acts

CRIMES (ADMINISTRATION OF SENTENCES) ACT 1999 - SECT 55

55 Hearing of charges by Visiting Magistrate

(1) This section applies to proceedings on a charge that is referred to a Visiting Magistrate under this Division.

(2) Subject to this section:

(a) the Criminal Procedure Act 1986 applies to and in respect of the proceedings in the same way as it applies to and in respect of proceedings on a court attendance notice issued for a summary offence before the Local Court, and

(b) any order or decision that is made by the Visiting Magistrate in or in connection with any such proceedings is taken to have been made under that Act.

(3) In its application to the proceedings, the Criminal Procedure Act 1986 is subject to such modifications as are prescribed by the regulations and to such other modifications as the Visiting Magistrate considers appropriate.

(4) An inmate is entitled to be represented by an Australian legal practitioner in the proceedings.

(5) Any hearing in the proceedings is to be held:

(a) in the correctional centre at which the inmate is in custody, or

(b) if the Visiting Magistrate is satisfied that it is in the interests of the administration of justice for it to be held elsewhere-at any other place appointed by the Visiting Magistrate (an "appointed place").

(5A) If a Visiting Magistrate appoints an appointed place for the holding of any hearing in the proceedings, the Visiting Magistrate may do any of the following:

(a) direct that the inmate must appear before the Visiting Magistrate by way of audio visual link from the correctional centre at which the inmate is in custody,

(b) direct that any other inmate who gives evidence or makes a submission in the hearing is to do so by way of audio visual link from the correctional centre at which that inmate is in custody,

(c) direct that any person other than an inmate who gives evidence or makes a submission is to do so by way of audio visual link from any place within New South Wales nominated by the Visiting Magistrate.

(5B) The Visiting Magistrate must not make a direction referred to in subsection (5A) if:

(a) the necessary audio visual facilities are unavailable or cannot reasonably be made available, or

(b) the Visiting Magistrate is satisfied that the direction would be unfair to a party to the proceedings.

(5C) Facilities are to be made available for private communication between an inmate appearing by way of audio visual link under this section and the inmate’s representative in the proceedings if the inmate’s representative attends the hearing at the appointed place.

(5D) Any place at which a person appears, gives evidence or makes a submission by way of audio visual link under this section is taken to be part of the appointed place.

(5E) Subsection (5D) has effect, for example, for the purposes of the laws relating to evidence, procedure, contempt of court or perjury.

(5F) Subsection (5D) also has the effect that any offence committed at the place at which a person appears, gives evidence or makes a submission under this section by way of audio visual link is to be taken to have been committed at the appointed place.

(5G) Sections 5D, 20A, 20B and 20D-20F of the Evidence (Audio and Audio Visual Links) Act 1998 apply, with such modifications as the Visiting Magistrate may direct, to proceedings in which a person appears, gives evidence or makes a submission by way of audio visual link under this section as they apply to the appearance, giving evidence or making of a submission by way of audio visual link in a proceeding before a NSW court under that Act.

(5H) Nothing in this section prevents a direction under section 5BA (1) of the Evidence (Audio and Audio Visual Links) Act 1998 being made in the proceedings.

(6) If the inmate is transferred to another correctional centre, the Visiting Magistrate may transfer the proceedings to the Visiting Magistrate for the other correctional centre.