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Justice Legislation (Miscellaneous Provisions) (No. 3)
JUSTICE LEGISLATION
(MISCELLANEOUS PROVISIONS) BILL
(No. 3) 1999
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the Legislation
The purpose of the Bill is to amend legislation administered by the
Department of Justice and Attorney-General namely, the Bail Act 1980,
Justices Act 1886 and the Penalties and Sentences Act 1992.
Reasons for the objectives and how they will be achieved
The Department of Justice and Attorney-General is responsible for the
administration of a large number of statutes. From time to time, particular
departmental statutes require amendment to ensure that the statutes continue
to operate in the manner intended.
This departmental miscellaneous provisions Bill has been prepared so
that necessary amendment can be effected by means of one statute. This
ensures that much needed statutory reform is not delayed and the time of the
Parliament is not unnecessarily expended on dealing with a number of
disparate pieces of legislation.
The main objectives of the Bill are:
· to amend the Bail Act 1980:
- to enable a warrant of apprehension to be issued where a
person leave the precincts of the court without entering into
the required undertaking or signing the necessary
undertaking documents;
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Justice Legislation (Miscellaneous Provisions) (No. 3)
- to clarify the bail obligations where summary matters have
been transmitted to a higher court to be dealt with or, where
having been transmitted to a higher court, it decides that the
matters should be retuned to the court of summary
jurisdiction to be dealt with;
· to amend the Justices Act 1886:
- to remove the requirement for specified forms to be signed;
- to clarify the position regarding part payments so that
compensation, restitution and damages payable to a victim
are discharged first;
· to amend the Penalties and Sentences Act 1992:
- to amend the definition of "proper officer:
- to clarify the position where part payments are accepted after
a warrant has been issued but not executed.
These are practical amendments that will simplify current requirements
of the legislation and, where relevant, will enable the performance of the
requirements electronically instead of by production of hard copy
documentation.
Administrative cost to Government of implementation
There are no increases in administrative costs. Indeed, the amendments
may reduce the cost of conducting legal proceedings associated with the
amendments.
Fundamental legislative principles
The proposed amendments do not contravene any fundamental legislative
principles.
Consultation
The following persons and organisations were consulted:
Chief Justice of Queensland
Chief Judge of District Courts
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Justice Legislation (Miscellaneous Provisions) (No. 3)
Chief Stipendiary Magistrate
Director, Legal Aid Queensland
Queensland Police Service
President, Bar Association of Queensland
President, Queensland Law Society
Department of Families, Youth and Community Care
Queensland Transport
Department of Corrective Services
NOTES ON PROVISIONS
Short Title
Clause 1 sets out the short title of the Act.
Clause 2 provides that part 2 amends the Bail Act 1980.
Clause 3 inserts a definition of "precincts".
Clause 4 inserts new section 27A. The new section enables the issue of a
warrant of apprehension of a defendant who leaves the precincts of the court
without entering into the required undertaking or signing the necessary
undertaking documents.
Clause 5 amends section 28A which enables the issue of a warrant of
apprehension of a defendant by a Magistrates Court or Childrens Court to
include continuation of bail under the new sections 34A and 34B referred to
in clause 7.
Clause 6 enables a police officer to apprehend without warrant, a
defendant who has been granted bail but leaves the precincts of the court
without entering into the required undertaking or signing the necessary
undertaking documents.
Clause 7 inserts new sections 34A and 34B.
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Justice Legislation (Miscellaneous Provisions) (No. 3)
Section 651 of the Criminal Code enables summary matters to be
transmitted to a Supreme or District Court (the "receiving court") to be dealt
with. Where matters are transmitted and the person is already on bail to
appear on those charges, currently the person is still under an obligation to
appear before the court of summary jurisdiction. The new section 34A
addresses the bail provisions in those circumstances so that an obligation to
appear before the court of summary jurisdiction becomes an obligation to
appear before the "receiving court".
However, where the receiving court decides for any of the reasons
mentioned in s.653(2) of the Criminal Code that the summary matters
should be decided by the court exercising summary jurisdiction and the
receiving court sends them back, the obligation to appear under the original
bail undertaking again becomes an obligation to appear before the court of
summary jurisdiction.
The provisions have been drafted in this manner so that the bail
obligations continue under the original undertaking and obviate the necessity
for the court to order, and the defendant to enter into, fresh undertaking. In
other words, the original bail undertaking is "rolled over": the date and the
court before which the defendant is required to appear change. A defendant
will always be legally represented when this occurs
Clause 8 provides that part 3 amends the Justices Act 1886.
Clause 9 amends section 150 to discontinue the requirement for a clerk
of the court to sign the written notice of the conviction or order sent by post
to the person convicted or against whom the order.
Clause 10 replaces the existing section 175A and inserts a new section
175B.
Section 175A establishes a priority for the allocation of part payments.
This amendment elevates compensation, restitution and damages above all
other categories. Section 175B provides for the order of satisfaction if
amounts are payable under more than 1 decision. It reflects the provisions
of ss.112-113 of the State Penalties Enforcement Bill 1999. This provision
will provide the greatest opportunity for victims of crime to be recompensed
before a part payment is allocated against costs, fine or other category.
Clause 11 provides that part 4 amends the Penalties and Sentences Act
1992.
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Justice Legislation (Miscellaneous Provisions) (No. 3)
Clause 12 amends the definition of "proper officer". The amendment
will allow any proper officer for the relevant jurisdiction to make an
appropriate order regardless of where the application is made. For example,
where a person makes an application for a fine option order etc. to a proper
officer at a place other than the place where the original order was made, the
proper officer to whom the application is made can deal with the application
in respect of any order(s) made at another place(s).
Clause 13 does away with the requirement for the certificate given by the
Department of Corrective Services to be signed to enable certificates to be
given electronically.
Clause 14 inserts a new section 185C. This section gives a clear power to
a proper officer to recall a warrant and issue a new warrant on part payment
of a penalty. The Courts Modernisation Project will enable the automation
of this process. The Bill also gives a clear power to a proper officer to recall
a warrant and issue a new warrant on part payment of a penalty. The
Courts Modernisation Project will enable the automation of this process and
it will reduce the incidence of failure to recall warrants where full or part
payment has been made.
© The State of Queensland 1999