New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
- As at 13 January 2003
- Act 27 of 1902
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Repeals and savings
3. Definitions
4. (Repealed)
4A. Notes
PART 2 - (Repealed)
PART 3 - MAGISTRATES AND JUSTICES ENABLING—ALLEGATION OF JURISDICTION
6. Definition of police districts
7–9. (Repealed)
10. Jurisdiction of Magistrates
11. Duties etc of Magistrates, as to stating cases, depositions etc
12. (Repealed)
13. Limitation of powers of other Justices within areas to which Magistrates appointed
14, 15. (Repealed)
16. Provisions relating to Justices and their duties in this and other Acts to apply to Magistrates
17. (Repealed)
18. Magistrate may perform duties of Clerk of the Local Court where no such clerk appointed
19. Justices—capacity to act in certain cases
20. Act done by Justice to be taken to be within his or her jurisdiction
PART 4 - PROCEDURE BEFORE JUSTICES
Division 1 - Indictable offences
Subdivision 1 - Informations
21. When information may be laid
22. How information to be laid
22A. Information taken to be laid
Subdivision 2 - Issue of warrants and summonses
23. Issue of warrant in first instance
24. Issue of summons
25. Issue of warrant where indictment filed
26. (Repealed)
Subdivision 3 - Form and service of summons
27. Form of summons
28. Manner of service of summons
Subdivision 4 - Form and execution of warrant
29. Form of warrant
Subdivision 5 - Defects in form and variances
30. What alleged defects or variances immaterial
Subdivision 6 - Warrant on default in appearance to summons
31. On non-appearance or absconding, warrants may be issued
Subdivision 7 - Committal proceedings
32. Place of hearing to be an open court
33. When adjournment allowed
34. How defendant to be dealt with during period of adjournment
35. Where principal witnesses reside at some other place, Justices may order defendant to be taken there
36. How evidence to be taken
37, 38. (Repealed)
39. Documents to be transmitted for trial
40. Copies of depositions
41. Procedure on hearing of charge of indictable offence
41AA. Depositions of previous connected proceedings may be read as evidence in committal proceedings
41A. Payment of costs by informant
42. Person committed for trial to be committed to correctional centre
43. Conveying person committed for trial to correctional centre
44–46. (Repealed)
47. Transmission of bail undertaking etc of person in correctional centre
47A. Corporations
Subdivision 7A - Written statements in committal proceedings
48. Definitions
48AA. Mandatory use of written statements in committal proceedings
48A. Evidence in the form of written statements in committal proceedings
48B. Copies of statements to be given etc
48BA. Addresses and telephone numbers not to be disclosed
48C. Requirements as to statements
48CA. Special requirements as to transcripts of recordings of interviews with children
48D. Information as to rights of defendant
48E. Direction to witness to attend
48EA. (Repealed)
48F. Rejection of whole or part of statement
48G. Adjournments
48GA. Time and manner requirements for service of statements and notices
48H. False statements
48I. Death of person making statement
Subdivision 8 - (Repealed)
Subdivision 9 - Plea of guilty in committal proceedings
51A. Effect of plea of guilty in committal proceedings
Subdivision 10 - Procedure where indictable offences dealt with summarily
51B. Application of Division 2 to indictable offences
Division 2 - Offences punishable on summary conviction and complaints
Subdivision 1 - Informations and complaints
52. When information may be laid
52A. Information taken to be laid
53. When complaint may be made
54. Who may lay or make information or complaint
55. How information or complaint may be laid or made
56. Time within which information or complaints may be laid or made
57. Informations or complaints to be for one matter only
58. How partners etc property of partners etc to be described in information or complaint
Subdivision 2 - Issue of warrants and summonses
59. Issue of warrant in first instance
60. Issue of summons
61. (Repealed)
Subdivision 3 - Form and service of summons
62. Form of summons
63. Manner of service of summons
Subdivision 4 - Form and execution of warrant
64. Form of warrant
Subdivision 5 - Defects in form and variances
65. No objection for defect or variance
Subdivision 6 - Warrant on default in appearance to summons
66. On non-appearance or absconding, warrants may be issued
Subdivision 6A - Service of briefs of evidence
66A. Definitions
66B. Brief of evidence to be served on defendant unless otherwise ordered
66C. Exhibits
66CA. Recordings of interviews with children
66D. Form of copy of brief of evidence
66E. Discretion to order that copy of brief of evidence need not be served
66F. Evidence not to be admitted
66G. Adjournments
66H. Indictable offences dealt with summarily
Subdivision 7 - Proceedings on information or complaint
67. Place of hearing to be an open court
68. When hearing may be adjourned, and how time and place of adjourned hearing appointed and notified
69. How defendant to be dealt with during adjournment
70. How evidence to be taken
71, 72. (Repealed)
73. Person interested in conviction or order may obtain copies thereof and of the information, depositions etc
74. Procedure where informant or complainant does not, but defendant does appear
75. Written pleas
75A. Scheme for ex parte proceedings where defendant fails to attend
75B. Procedure if defendant does not appear
75C. Adjournment of proceedings where defendant fails to appear
75D. Material to be considered in ex parte proceedings
75E. Determination of ex parte proceedings
75F. Application of section 10 of the Crimes (Sentencing Procedure) Act 1999
76. Procedure where either party does not appear at adjourned hearing
77. Where both parties appear Justices to hear and determine the case
78. Defendant to plead
78A. Provision for hearing cases together
79. Addresses of parties
80. After hearing case Justices to convict or make an order or dismiss case
80A, 80AA. (Repealed)
80AB. Restriction on imposing sentences of imprisonment
81. Payment of costs
82–84. (Repealed)
84A. Traffic offences committed by children
85. Minute or memorandum of conviction or order to be made at the same time
86. Order and certificate of dismissal
Subdivisions 8, 9 - (Repealed)
Subdivision 10 - Miscellaneous
98. One Justice may receive information etc and issue summonses and warrants
99. (Repealed)
100. Aiders and abettors punishable as principals
Division 3 - Attendance notices for indictable or summary offences
Subdivision 1 - (Repealed)
Subdivision 2 - Issue and service of attendance notices
100AB. Issue of attendance notice
100AC. Form of attendance notice
100AD. Service of attendance notice
100AE. Presumptions
Subdivision 3 - Effect of attendance notice
100AF. Attendance notice deemed to be an information
100AG. Arrest warrant
Division 4 - Attendance of witnesses and production of evidence
100AH. Definitions
100AI. Application of Division
100AJ. Issue of subpoenas
100AK. Production by non-party
100AL. Subpoena may be set aside
100AM. Inspection of subpoenaed documents or things
100AN. Warrant may issue for failure to comply with subpoena
100AO. How witness refusing to give evidence to be dealt with
100AP. Service of subpoenas
100AQ. Defects in subpoenas
PART 4A - REVIEW OF DECISIONS BY LOCAL COURTS
Division 1 - Applications and referrals for review
100A. Outline of Part
100B. Application of Part to sentences
100C. Part does not apply to fines and forfeiture orders
100D. Applications for annulment
100E. Form of application
100F. Time limit for application
100G. Decisions that may be referred for review
100H. Applicant
100I. Who may deal with applications
100J. Notice of applications
100K. Grounds for granting applications
100L. Procedure for Local Courts dealing with applications
100M. Effect on application referred to Local Court if notice of referral not served
100N. Stay of order or sentence
100O. Procedure after decision
100P. (Repealed)
100Q. Limit on applications
100R. Notices
Division 2 - Procedure if conviction, order or sentence annulled
100S. Procedure if Local Court decides to annul conviction, order or sentence
100T. Effect of annulment of conviction, order or sentence
100U. Conviction on rehearing
100V. One or more offences
PART 4B - (Repealed)
PART 5 - APPEALS TO SUPREME COURT
Division 1 - Preliminary
101. Definitions
102. Application of Part generally
103. Application of Part to Justices
Division 2 - Appeals to Supreme Court
104. When an appeal can be made by a defendant or other person
104A. Appeals in relation to environmental offences to be heard only with leave
105. (Repealed)
106. How appeal to be made and conducted
107. Stay of execution of conviction, order or sentence pending appeal
108. Powers of Supreme Court to review stays of execution of sentences
109. Powers of Supreme Court in determining appeals
110. Errors in form or law not of themselves to enable appeal success
111. Supreme Court may confirm conviction, order or sentence with effect from an earlier day
112. Appeals relating to certain traffic offences committed by children
113. Limits on appeals
114. Circumstances where Magistrate unable to hear matter
115. (Repealed)
PART 5A - APPEALS TO DISTRICT COURT
Division 1 - Preliminary
116. Definitions
117. Application of Part generally
118. Application of Part to Justices
Division 2 - Appeals by defendants and other persons
119. Definitions
120. When an appeal can be made by a defendant or other person
121. Matters in which no appeal may be made
122. How appeal to be made
123. Matters in which an appeal can be made only with leave of District Court
124. Appeal may be made with leave, outside time for giving notice of appeal
125. Time for notices of appeal when more than one conviction or order involved
126. Lodging of notices of appeal and applications for leave to appeal
127. Stay of execution of conviction, order or sentence pending appeal
128. Effect on appeal or application for leave to appeal of defect in notice or statement of grounds of appeal
129. Powers of District Court in determining applications for leave to appeal
130. Hearing of appeal after leave to appeal granted
131. When order dismissing application for leave to appeal may be vacated
131A. Appeals against sentence to be by way of rehearing of evidence
132. Appeals against conviction or order to be by way of rehearing on the transcripts of evidence
133. Circumstances when evidence to be given in person
133A. Powers of District Court in determining appeals
133B. When order dismissing appeal may be vacated
133C. Notice of dismissal of application for leave to appeal or appeal
133D. Appeals relating to certain traffic offences committed by children
Division 3 - Appeals by Crown
133E. Meaning of “appeal”
133F. When the Crown may appeal against a sentence
133G. How appeal to be made
133H. Evidence in appeals
133I. Powers of District Court in determining appeals
Division 4 - General provisions relating to appeals and applications for leave to appeal
133J. Definitions
133K. General powers of District Court
133L. Rules for procedure for appeals and applications
133M. Appeal or application may be heard when notice not given as required
133N. Errors in form or law not of themselves to enable appeal success
133O. Withdrawal of appeals and applications
133P. Court may confirm conviction, order or sentence with effect from an earlier day
133Q. Effect on recognizances of confirmation of conviction, order or sentence
133R. Limit on circumstances when costs may be awarded against a public informant
133S. District Court’s powers on appeals relating to sentences and orders
133T. Payment of money
133U. Evidence of quashing of conviction or order
133V. Limits on appeals
PART 5B - APPEALS TO LAND AND ENVIRONMENT COURT
Division 1 - Preliminary
133W. Definitions
133X. Application of Part generally
133Y. Application of Part to Justices
Division 2 - Appeals by defendants and other persons
133Z. Definitions
133AA. When an appeal can be made by a defendant or other person
133AB. Matters in which no appeal can be made
133AC. How appeal to be made
133AD. Matters in which an appeal can be made only with the leave of the Land and Environment Court
133AE. Appeal may be made with leave outside time for giving notice of appeal
133AF. Time for notices of appeal when more than one conviction or order involved
133AG. Lodging notices of appeal and applications for leave to appeal
133AH. Stay of execution of conviction, order or sentence pending appeal
133AI. Effect on appeal or application for leave to appeal of defect in notice or statement of grounds of appeal
133AJ. Powers of Land and Environment Court in determining applications for leave to appeal
133AK. Hearing of appeal after leave to appeal granted
133AL. When order dismissing application for leave to appeal may be vacated
133AM. Appeal to be by way of rehearing
133AN. Circumstances when evidence to be given in person
133AO. Powers of Land and Environment Court in determining appeals
133AP. When order dismissing appeal may be vacated
133AQ. Notice of dismissal of application for leave to appeal or appeal
Division 3 - Appeals by Crown against sentence
133AR. Meaning of “appeal”
133AS. When the Crown may appeal against a sentence
133AT. How appeal is made
133AU. Evidence in appeals
133AV. Powers of Land and Environment Court in determining appeals
Division 3A - Other appeals to Land and Environment Court
133AVA. Other appeals
133AVB. Land and Environment Court to have same jurisdiction as Supreme Court in relation to appeals on environmental offences
133AVC. How appeal to be made and conducted
Division 4 - General provisions relating to appeals and applications for leave to appeal
133AW. Definitions
133AX. General powers of Land and Environment Court
133AY. Rules for procedures for appeals and applications
133AZ. Appeal or application may be heard when notice not given as required
133BA. Errors in form or law not of themselves to enable appeal success
133BB. Withdrawal of appeals and applications
133BC. Court may confirm conviction, order or sentence with effect from an earlier day
133BD. Effect on recognizances of confirmation of conviction, order or sentence
133BE. Limit on circumstances when costs may be awarded against a public informant
133BF. Land and Environment Court’s powers on appeals relating to sentences and orders
133BG. Payment of money
133BH. Evidence of quashing of conviction or order
133BI. Limits on appeals
PART 6 - PROCEEDINGS AGAINST JUSTICES
134. (Repealed)
135. Action for act done within jurisdiction
136. Action for act done without or in excess of jurisdiction
137. No action maintainable
138. When prohibited action brought, proceedings may be set aside
139. (Repealed)
140. Where action may be brought
141. Tender of amends and payment into Court
142. (Repealed)
143. In what cases there shall be a nonsuit or verdict for the defendant
144. What damages may be recovered where plaintiff proved guilty of the offence of which he or she was convicted etc
145. (Repealed)
PART 7 - MISCELLANEOUS
145A. Sufficient description of an offence
145B. (Repealed)
146. No proceedings in the nature of certiorari
147. Sufficiency of photocopy or facsimile of warrant
147A. Sufficiency of seal printed on summons, warrant or subpoena
148–151. (Repealed)
152. Contempt of Court
152A. Power to refer allegation of contempt to Supreme Court
153. (Repealed)
153A. Persons arrested under bench warrants
153B. Bail Act 1978 to prevail
154. Regulations
154A. Rules
155. Savings, transitional and other provisions
SCHEDULE 1
SCHEDULE 2
Third–Fifth Schedules - (Repealed)