Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Criminal Code and Jury and
Another Act Amendment Bill
2008
Queensland
Criminal Code and Jury and Another Act
Amendment Bill 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Criminal Code
2 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 590AA (Pre-trial directions and rulings) . . . . . . 4
4 Amendment of s 604 (Trial by jury). . . . . . . . . . . . . . . . . . . . . . . . 4
5 Insertion of new ch 62, ch div 9A . . . . . . . . . . . . . . . . . . . . . . . . . 5
Chapter division 9ATrial by judge alone
614 Application for order . . . . . . . . . . . . . . . . . . . . . . . . . . 5
615 Making a no jury order . . . . . . . . . . . . . . . . . . . . . . . . 5
615A More than 1 charge or accused person . . . . . . . . . . . 6
615B Law and procedure to be applied . . . . . . . . . . . . . . . . 7
615C Judge's verdict and judgment . . . . . . . . . . . . . . . . . . . 7
615D Particular proceedings excluded from application . . . 8
615E References to trial by jury. . . . . . . . . . . . . . . . . . . . . . 8
6 Insertion of new ch 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Chapter 83 Transitional provision for Criminal Code and
Jury and Another Act Amendment Act 2008
720 Trial by judge alone . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 3 Amendment of Jury Act 1995
7 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 Replacement of s 59 (Unanimous verdict in criminal cases) . . . . 9
59 Verdict in criminal cases for particular offences must
be unanimous. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
59A Verdict in criminal cases for other offences . . . . . . . . 10
9 Insertion of new s 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Criminal Code and Jury and Another Act Amendment Bill 2008
Contents
79 Transitional provision for Criminal Code and Jury and
Another Act Amendment Act 2008--majority verdicts 11
Part 4 Amendment of Crime And Misconduct Act 2001
10 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
11 Amendment of 192 (Refusal to answer question) . . . . . . . . . . . . 12
12 Insertion of new ch 8, pt 6--. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Part 6 Criminal Code and Jury and Another Act
Amendment Act 2008
385 Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Page 2
2008
A Bill
for
An Act to amend the Criminal Code, the Jury Act 1995 and the
Crime and Misconduct Act 2001 for particular purposes
Criminal Code and Jury and Another Act Amendment Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Criminal Code and Jury and 4
Another Act Amendment Act 2008. 5
Part 2 Amendment of Criminal Code 6
Clause 2 Act amended in pt 2 7
This part amends the Criminal Code. 8
Clause 3 Amendment of s 590AA (Pre-trial directions and rulings) 9
Section 590AA(2)-- 10
insert-- 11
`(da) an application for trial by a judge sitting without a jury; 12
or'. 13
Clause 4 Amendment of s 604 (Trial by jury) 14
Section 604(1), after `Subject to'-- 15
insert-- 16
`chapter division 9A and'. 17
Page 4
Criminal Code and Jury and Another Act Amendment Bill 2008
Part 2 Amendment of Criminal Code
[s 5]
Clause 5 Insertion of new ch 62, ch div 9A 1
Chapter 62-- 2
insert-- 3
`Chapter division 9A Trial by judge alone 4
`614 Application for order 5
`(1) If an accused person is committed for trial on a charge of an 6
offence or charged on indictment of an offence, the prosecutor 7
or the accused person may apply to the court for an order (no 8
jury order) that the accused person be tried by a judge sitting 9
without a jury. 10
`(2) The application must be made under section 590AA before 11
the trial begins. 12
`(3) If the identity of the trial judge is known to the parties when 13
the application is decided, a no jury order may be made only if 14
the court is satisfied there are special reasons for making it. 15
`(4) Subsection (3) does not limit section 615 or any other 16
restriction on making a no jury order imposed by this chapter 17
division. 18
`(5) The court may inform itself in any way it considers 19
appropriate in relation to the application. 20
`(6) For subsection (2), the trial begins when the jury panel attends 21
before the court. 22
`615 Making a no jury order 23
`(1) The court may make a no jury order if it considers it is in the 24
interests of justice to do so. 25
`(2) However, if the prosecutor applies for the no jury order, the 26
court may only make the no jury order if the accused person 27
consents to it. 28
`(3) If the accused person is not represented by a lawyer, the court 29
must be satisfied that the accused person properly understands 30
the nature of the application. 31
Page 5
Criminal Code and Jury and Another Act Amendment Bill 2008
Part 2 Amendment of Criminal Code
[s 5]
`(4) Without limiting subsection (1), (2) or (3), the court may 1
make a no jury order if it considers that any of the following 2
apply-- 3
(a) the trial, because of its complexity or length or both, is 4
likely to be unreasonably burdensome to a jury; 5
(b) there is a real possibility that acts that may constitute an 6
offence under section 119B would be committed in 7
relation to a member of a jury; 8
(c) there has been significant pre-trial publicity that may 9
affect jury deliberations. 10
`(5) Without limiting subsection (1), the court may refuse to make 11
a no jury order if it considers the trial will involve a factual 12
issue that requires the application of objective community 13
standards including, for example, an issue of reasonableness, 14
negligence, indecency, obscenity or dangerousness. 15
`615A More than 1 charge or accused person 16
`(1) If an accused person is charged with 2 or more charges that 17
are to be tried together, the court must not make a no jury 18
order in relation to 1 of the charges unless the court also 19
makes a no jury order in relation to each other charge. 20
`(2) If 2 or more accused persons are to be tried together, the court 21
must not make a no jury order in relation to 1 of the accused 22
persons unless the court also makes a no jury order in relation 23
to each other accused person. 24
`(3) To remove any doubt, it is declared that-- 25
(a) each of the accused persons must consent to the making 26
of the no jury order; and 27
(b) the making of an order for a separate trial under section 28
597A or a the giving of a direction about the separate 29
trial of an accused person under section 597B does not 30
prevent the making of a no jury order. 31
Page 6
Criminal Code and Jury and Another Act Amendment Bill 2008
Part 2 Amendment of Criminal Code
[s 5]
`615B Law and procedure to be applied 1
`(1) In a trial by a judge sitting without a jury, the judge must 2
apply, so far as is practicable, the same principles of law and 3
procedure as would be applied in a trial before a jury. 4
`(2) In a trial by a judge sitting without a jury, the judge may view 5
a place or thing. 6
`(3) If an Act or the common law-- 7
(a) requires information or a warning or instruction to be 8
given to the jury in particular circumstances; or 9
(b) prohibits a warning from being given to a jury in 10
particular circumstances; 11
the judge in a trial by a judge sitting without a jury must take 12
the requirement or prohibition into account if the 13
circumstances arise in the course of the trial. 14
`615C Judge's verdict and judgment 15
`(1) In a trial by a judge sitting without a jury-- 16
(a) the judge may make any findings and give any verdict 17
that a jury could have made or given if the trial had been 18
before a jury; and 19
(b) any finding or verdict of the judge has, for all purposes, 20
the same effect as a finding or verdict of a jury. 21
`(2) Without limiting subsection (1), chapter 67 applies with all 22
necessary changes in relation to a person to be tried, being 23
tried, or tried by a judge sitting without a jury in the same way 24
as it applies to persons tried by a judge sitting with a jury. 25
`(3) The judgment of the judge in a trial by a judge sitting without 26
a jury must include the principles of law that he or she has 27
applied and the findings of fact on which he or she has relied. 28
`(4) The validity of the proceeding is not affected by a trial judge's 29
failure to comply with subsection (3). 30
Page 7
Criminal Code and Jury and Another Act Amendment Bill 2008
Part 2 Amendment of Criminal Code
[s 6]
`615D Particular proceedings excluded from application 1
`This chapter division does not apply to-- 2
(a) a trial on indictment before a Childrens Court judge; or 3
Note-- 4
See also Juvenile Justice Act 1992, part 6. 5
(b) a trial on indictment of any offence against a law of the 6
Commonwealth. 7
`615E References to trial by jury 8
`(1) In an Act, a reference to the trial of a person by jury, however 9
expressed, includes, unless the contrary intention appears, a 10
reference to the trial of the person by a judge sitting without a 11
jury under this chapter division. 12
`(2) In an Act, a reference to a jury in the trial of a person, however 13
expressed, includes, unless the contrary intention appears, a 14
reference to a judge sitting without a jury under this chapter 15
division.'. 16
Clause 6 Insertion of new ch 83 17
Part 9-- 18
insert-- 19
`Chapter 83 Transitional provision for 20
Criminal Code and Jury and 21
Another Act Amendment Act 22
2008 23
`720 Trial by judge alone 24
`(1) Chapter 62, chapter division 9A applies in relation to a trial 25
begun after the commencement whether the offence was 26
committed before or after the commencement. 27
Page 8
Criminal Code and Jury and Another Act Amendment Bill 2008
Part 3 Amendment of Jury Act 1995
[s 7]
`(2) For subsection (1), the trial has begun when the jury panel 1
attends before the court. 2
`(3) In this section-- 3
commencement means the commencement of the Criminal 4
Code and Jury and Another Act Amendment Act 2008, part 2. 5
Part 3 Amendment of Jury Act 1995 6
Clause 7 Act amended in pt 3 7
This part amends the Jury Act 1995. 8
Clause 8 Replacement of s 59 (Unanimous verdict in criminal 9
cases) 10
Section 59-- 11
omit, insert-- 12
`59 Verdict in criminal cases for particular offences must 13
be unanimous 14
`(1) This section applies to the following criminal trials on 15
indictment-- 16
(a) a trial for any of the following offences-- 17
(i) murder; 18
(ii) an offence against the Criminal Code, section 19
54A(1) if, because of the circumstances of the 20
offence, the offender is liable to imprisonment for 21
life, which can not be mitigated or varied under the 22
Criminal Code or any other law; 23
(iii) an offence against a law of the Commonwealth; or 24
(b) a trial before a jury consisting of only 10 jurors when it 25
gives its verdict. 26
Page 9
Criminal Code and Jury and Another Act Amendment Bill 2008
Part 3 Amendment of Jury Act 1995
[s 8]
`(2) For subsection (1)(b), it does not matter that at any time 1
before its verdict was given the jury consisted of more than 10 2
jurors. 3
`(3) The verdict of the jury must be unanimous. 4
`(4) However, if on the trial of an offence mentioned in subsection 5
(1)(a)(i) or (ii)-- 6
(a) the jury is unable to reach a unanimous verdict; and 7
(b) the defendant is liable to be convicted of another offence 8
not mentioned in subsection (1)(a)(i) or (ii); 9
in relation to the conviction for the other offence, section 59A 10
applies as if the defendant were originally charged with the 11
other offence. 12
`59A Verdict in criminal cases for other offences 13
`(1) This section applies to a criminal trial on indictment other 14
than the following trials-- 15
(a) a trial for an offence mentioned in section 59(1)(a); or 16
(b) a trial before a jury as mentioned in section 59(1)(b). 17
`(2) If, after the prescribed period, the judge is satisfied that the 18
jury is unlikely to reach a unanimous verdict after further 19
deliberation, the judge may ask the jury to reach a majority 20
verdict. 21
`(3) If the jury can reach a majority verdict, the verdict of the jury 22
is the majority verdict. 23
`(4) For the definition in subsection (6), prescribed period, 24
paragraph (a), the periods mentioned in subparagraphs (i), (ii) 25
and (iii) are the periods reasonably calculated by the judge. 26
`(5) A decision of the judge under subsection (4) is not subject to 27
appeal. 28
Page 10
Criminal Code and Jury and Another Act Amendment Bill 2008
Part 3 Amendment of Jury Act 1995
[s 9]
`(6) In this section-- 1
majority verdict means-- 2
(a) if the jury consists of 12 jurors--a verdict on which at 3
least 11 jurors agree; or 4
(b) if the jury consists of 11 jurors--a verdict on which at 5
least 10 jurors agree. 6
prescribed period means-- 7
(a) a period of at least 8 hours after the jury retires to 8
consider its verdict, not including any of the following 9
periods-- 10
(i) a period allowed for meals or refreshments; 11
(ii) a period during which the judge allows the jury to 12
separate, or an individual juror to separate from the 13
jury; 14
(iii) a period provided for the purpose of the jury being 15
accommodated overnight; or 16
(b) the further period the judge considers reasonable having 17
regard to the complexity of the trial.'. 18
Clause 9 Insertion of new s 79 19
Part 9-- 20
insert-- 21
`79 Transitional provision for Criminal Code and Jury and 22
Another Act Amendment Act 2008--majority verdicts 23
`(1) Section 59 as in force before the commencement continues to 24
apply to a criminal trial begun but not completed before the 25
commencement as if the amending Act had not been enacted. 26
`(2) For subsection (1), a trial has begun when all the members of 27
the jury have been sworn. 28
`(3) Sections 59 and 59A as in force after the commencement 29
apply to a criminal trial that begins after the commencement 30
Page 11
Criminal Code and Jury and Another Act Amendment Bill 2008
Part 4 Amendment of Crime And Misconduct Act 2001
[s 10]
whether the offence was committed before or after the 1
commencement. 2
`(4) In this section-- 3
amending Act means the Criminal Code and Jury and 4
Another Act Amendment Act 2008, part 3. 5
commencement means the commencement of the amending 6
Act.'. 7
Part 4 Amendment of Crime And 8
Misconduct Act 2001 9
Clause 10 Act amended in pt 4 10
This part amends the Crime and Misconduct Act 2001. 11
Clause 11 Amendment of 192 (Refusal to answer question) 12
Section 192(2)-- 13
omit, insert-- 14
`(2) The person is not entitled-- 15
(a) to remain silent; or 16
(b) to refuse to answer the question on the ground of the self 17
incrimination privilege or the ground of confidentiality. 18
`(2A) The person is entitled to refuse to answer the question on the 19
following grounds of privilege-- 20
(a) legal professional privilege; 21
(b) public interest immunity; 22
(c) parliamentary privilege.'. 23
Page 12
Criminal Code and Jury and Another Act Amendment Bill 2008
Part 4 Amendment of Crime And Misconduct Act 2001
[s 12]
Clause 12 Insertion of new ch 8, pt 6-- 1
Chapter 8-- 2
insert-- 3
`Part 6 Criminal Code and Jury and 4
Another Act Amendment Act 2008 5
`385 Declaration 6
`(1) It is declared that, from the commencement, a witness at a 7
misconduct hearing was not entitled to refuse to answer a 8
question on the ground of the self incrimination privilege or 9
on the ground of confidentiality. 10
`(2) Without limiting subsection (1), it is declared that from the 11
commencement-- 12
(a) it has always been and continues to be lawful for the 13
presiding officer at a misconduct hearing to require an 14
individual to answer a question after that individual has 15
made a claim on the ground of the self incrimination 16
privilege in relation to an answer; and 17
(b) it has always been and continues to be lawful for the 18
presiding officer at a misconduct hearing, in response to 19
a claim on the ground of the self incrimination privilege 20
made by an individual in relation to an answer, to make 21
an order that all answers or a class of answer given by 22
the individual are to be regarded as having been given or 23
produced on objection on the ground of the self 24
incrimination privilege; and 25
(c) it has always been and continues to be lawful for the 26
presiding officer at a misconduct hearing to require an 27
individual to answer all questions or a class of question 28
after the presiding officer has made an order that all 29
answers or a class of answer given by the individual are 30
to be regarded as having been given or produced on 31
objection on the ground of the self incrimination 32
privilege; and 33
Page 13
Criminal Code and Jury and Another Act Amendment Bill 2008
Part 4 Amendment of Crime And Misconduct Act 2001
[s 12]
(d) any answer given by an individual giving evidence at a 1
misconduct hearing who has been directed to answer a 2
question after a claim been made on the ground of the 3
self incrimination privilege in relation to that answer, 4
has always been and continues to be admissible in any 5
proceeding about-- 6
(i) the falsity or misleading nature of an answer, 7
document, thing or statement given or produced by 8
the individual; or 9
(ii) an offence against this Act; or 10
(iii) a contempt of a person conducting the hearing. 11
`(3) In this section-- 12
commencement means the commencement of section 192 on 13
1 January 2002. 14
misconduct hearing means a commission hearing in the 15
context of a misconduct investigation.'. 16
© State of Queensland 2008
Page 14
[Index] [Search] [Download] [Related Items] [Help]