Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Crimes (Sexual Offences) (Further Amendment)
Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purpose 2
2. Commencement 2
PART 2--AMENDMENT OF CRIMES ACT 1958 3
3. Jury warnings 3
4. New section 607 inserted 5
607. Transitional provision--Crimes (Sexual Offences)
(Further Amendment) Act 2006 5
PART 3--AMENDMENT OF EVIDENCE ACT 1958 6
5. Section 37C amended 6
6. New section 37CAA inserted 6
37CAA. Alternative arrangements for giving evidence by
certain complainants in certain proceedings 6
7. Alternative arrangements for giving evidence in certain
proceedings by child complainants or complainants with a
cognitive impairment 9
8. New section 159 inserted 9
159. Transitional provision--Crimes (Sexual Offences)
(Further Amendment) Act 2006 9
PART 4--AMENDMENT OF MAGISTRATES' COURT
ACT 1989 10
9. New section 4R inserted 10
4R. Sexual Offences List 10
i
551436B.A1-18/9/2006 BILL LA AS SENT 18/9/2006
Clause Page
PART 5--AMENDMENT OF CRIMES (SEXUAL OFFENCES)
ACT 2006 11
10. New sections 19A and 19B inserted 11
19A. New section 606A inserted 11
11. New section 23A inserted 12
23A. New section 33A inserted 12
12. New section 38A inserted 13
38A. New section 158A inserted 13
13. New section 41A inserted 14
41A. New clause 35A inserted in Schedule 8 14
14. Amendment of Sentencing Act 1991 14
15. Amendment of Serious Sex Offenders Monitoring Act 2005 15
ENDNOTES 16
ii
551436B.A1-18/9/2006 BILL LA AS SENT 18/9/2006
PARLIAMENT OF VICTORIA
Initiated in Assembly 8 August 2006
As amended by Assembly 14 September 2006
A BILL
to amend the Crimes Act 1958 in relation to jury warnings, the
Evidence Act 1958 in relation to the giving of evidence in
proceedings that relate to a charge for a sexual offence, the
Magistrates' Court Act 1989 to provide for a Sexual Offences List
and the Crimes (Sexual Offences) Act 2006 in relation to transitional
arrangements and for other purposes.
Crimes (Sexual Offences) (Further
Amendment) Act 2006
The Parliament of Victoria enacts as follows:
1
551436B.A1-18/9/2006 BILL LA AS SENT 18/9/2006
Crimes (Sexual Offences) (Further Amendment) Act 2006
Act No.
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1. Purpose
The main purposes of this Act are to amend--
(a) the Crimes Act 1958 to further provide for
the use of jury warnings in sexual offence
5
cases where there has been a delay in
reporting the alleged offence; and
(b) the Evidence Act 1958 to further provide for
alternative arrangements for the giving of
evidence in proceedings that relate to a
10
charge for a sexual offence; and
(c) the Magistrates' Court Act 1989 to provide
for a Sexual Offences List; and
(d) the Crimes (Sexual Offences) Act 2006 to
provide for transitional arrangements relating
15
to that Act.
2. Commencement
(1) This Part comes into operation on the day after the
day on which this Act receives the Royal Assent.
(2) Part 3 comes into operation immediately after the
20
coming into operation of section 38 of the Crimes
(Sexual Offences) Act 2006.
(3) The remaining provisions of this Act come into
operation on a day or days to be proclaimed.
(4) If a provision referred to in sub-section (3) does
25
not come into operation before 1 December 2006,
it comes into operation on that day.
__________________
2
551436B.A1-18/9/2006 BILL LA AS SENT 18/9/2006
Crimes (Sexual Offences) (Further Amendment) Act 2006
Act No.
Part 2--Amendment of Crimes Act 1958
s. 3
See:
PART 2--AMENDMENT OF CRIMES ACT 1958
Act No.
6231.
3. Jury warnings Reprint No. 18
as at
(1) For section 61(1)(b) of the Crimes Act 1958 1 July 2005
and
substitute-- amending
Act Nos
"(b) if evidence is given or a question is asked of
5 16/2004,
a witness or a statement is made in the 18/2005,
56/2005,
course of an address on evidence which 66/2005,
tends to suggest that there was delay in 77/2005,
93/2005,
making a complaint about the alleged 97/2005,
offence by the person against whom the 2/2006, 6/2006,
10 14/2006,
offence is alleged to have been committed, 23/2006 and
the judge-- 27/2006.
LawToday:
www.dms.
(i) must inform the jury that there may be dpc.vic.
good reasons why a victim of a sexual gov.au
assault may delay or hesitate in
15
complaining about it; and
(ii) must not warn, or suggest in any way
to, the jury that the credibility of the
complainant is affected by the delay
unless, on the application of the
20
accused, the judge is satisfied that there
is sufficient evidence tending to suggest
that the credibility of the complainant is
so affected to justify the giving of such
a warning; and
25
(iii) must not warn, or suggest in any way
to, the jury that it would be dangerous
or unsafe to find the accused guilty
because of the delay.".
3
551436B.A1-18/9/2006 BILL LA AS SENT 18/9/2006
Crimes (Sexual Offences) (Further Amendment) Act 2006
Act No.
Part 2--Amendment of Crimes Act 1958
s. 3
(2) After section 61(1) of the Crimes Act 1958
insert--
"(1A) If the judge, on the application of the
accused in a proceeding to which sub-section
(1) applies, is satisfied that the accused has
5
suffered a significant forensic disadvantage
because of the consequences of the delay in
making a complaint about the alleged
offence by the person against whom the
offence is alleged to have been committed,
10
the judge must, in any terms that the judge
considers appropriate having regard to the
circumstances of the case--
(a) inform the jury of the nature of the
forensic disadvantage suffered by the
15
accused; and
(b) instruct the jury to take that
disadvantage into consideration.
(1B) Despite sub-section (1A), a judge must not
warn, or suggest in any way to, the jury that
20
it would be dangerous or unsafe to find the
accused guilty because of the delay.
(1C) For the purposes of sub-section (1A), the
passage of time alone is not to be taken to
cause a significant forensic disadvantage.
25
(1D) Nothing in sub-section (1A) requires a judge
to give a warning referred to in that sub-
section if there is no reason to do so in the
particular proceeding.
(1E) A judge must not give a warning referred to
30
in sub-section (1A) or a warning to the effect
of a warning referred to in sub-section (1A)
except in accordance with this section and
any rule of law to the contrary is hereby
abrogated.
35
4
551436B.A1-18/9/2006 BILL LA AS SENT 18/9/2006
Crimes (Sexual Offences) (Further Amendment) Act 2006
Act No.
Part 2--Amendment of Crimes Act 1958
s. 4
(1F) Nothing in sub-sections (1A) to (1E) affects
the power of a judge to give any other
warning to, or to otherwise inform, the
jury.".
4. New section 607 inserted
5
After section 606A of the Crimes Act 1958
insert--
"607. Transitional provision--Crimes (Sexual
Offences) (Further Amendment) Act 2006
The amendments made to this Act by
10
section 3 of the Crimes (Sexual Offences)
(Further Amendment) Act 2006 apply to
any proceeding that commences on or after
the commencement of that section,
irrespective of when the offence to which the
15
proceeding relates is alleged to have been
committed.".
__________________
5
551436B.A1-18/9/2006 BILL LA AS SENT 18/9/2006
Crimes (Sexual Offences) (Further Amendment) Act 2006
Act No.
Part 3--Amendment of Evidence Act 1958
s. 5
See: PART 3--AMENDMENT OF EVIDENCE ACT 1958
Act No.
6246.
5. Section 37C amended
Reprint No. 14
as at
For section 37C(1) of the Evidence Act 1958
6 June 2002
and
substitute--
amending
Act Nos
"(1) This section does not apply to a witness who
5 20/2004,
60/2004 (as is a complainant in relation to a charge for a
amended by
sexual offence.
No. 18/2005),
72/2004,
Note 1: Section 37CAA provides for alternative
108/2004,
arrangements for the giving of evidence by a
15/2005,
18/2005,
10 complainant (other than a complainant who is
75/2005,
a child or a person with a cognitive
97/2005,
impairment) in legal proceedings that relate to
2/2006 and
a charge for a sexual offence.
14/2006.
LawToday:
Note 2: Section 41E provides for alternative
www.dms.
15 dpc.vic. arrangements for the giving of evidence by a
gov.au
complainant who is a child or a person with a
cognitive impairment in legal proceedings that
relate to a charge for a sexual offence.".
6. New section 37CAA inserted
After section 37C of the Evidence Act 1958
20
insert--
"37CAA. Alternative arrangements for giving
evidence by certain complainants in
certain proceedings
(1) Subject to this section, in a legal proceeding
25
that relates (wholly or partly) to a charge for
a sexual offence, the court must direct that
any of the following arrangements be made
for the giving of evidence by a complainant
(other than a complainant who is a child or a
30
person with a cognitive impairment)--
(a) permitting the evidence to be given
from a place other than the courtroom
by means of closed-circuit television or
other facilities that enable
35
6
551436B.A1-18/9/2006 BILL LA AS SENT 18/9/2006
Crimes (Sexual Offences) (Further Amendment) Act 2006
Act No.
Part 3--Amendment of Evidence Act 1958
s. 6
communication between that place and
the courtroom;
(b) using screens to remove the defendant
from the witness' direct line of vision;
(c) permitting a person chosen by the
5
witness and approved by the court for
this purpose, to be beside the witness
while he or she is giving evidence for
the purpose of providing emotional
support to him or her.
10
(2) The court must direct that the arrangement
referred to in sub-section (1)(a) be made
unless--
(a) the court is satisfied that the
complainant--
15
(i) is aware of his or her right to give
evidence in accordance with the
arrangement referred to in sub-
section (1)(a); and
(ii) is able and wishes to give
20
evidence in the courtroom; and
(b) the court, on the application of the
prosecution, determines not to direct
that the arrangement referred to in sub-
section (1)(a) be made.
25
(3) The court must direct that any evidence
given by a complainant in accordance with
the arrangement referred to in sub-section
(1)(a) is recorded.
(4) If a court directs that the arrangement
30
referred to in sub-section (1)(a) be made, the
court may make any order it considers
appropriate to enable the complainant to
view any place or thing or identify any
person or thing.
35
7
551436B.A1-18/9/2006 BILL LA AS SENT 18/9/2006
Crimes (Sexual Offences) (Further Amendment) Act 2006
Act No.
Part 3--Amendment of Evidence Act 1958
s. 6
(5) If the complainant is giving evidence in the
courtroom, the court must direct that the
arrangement referred to in sub-section (1)(b)
be made unless it is satisfied that the
complainant--
5
(a) is aware of his or her right to give
evidence in accordance with the
arrangement referred to in sub-section
(1)(b); and
(b) does not wish a screen to be used to
10
remove the defendant from his or her
direct line of vision.
(6) The court must direct that the arrangement
referred to in sub-section (1)(c) be made
unless the court is satisfied that the
15
complainant--
(a) is aware of his or her right to give
evidence in accordance with the
arrangement referred to in sub-section
(1)(c); and
20
(b) does not want a person to be beside him
or her while he or she is giving
evidence for the purpose of providing
emotional support to him or her.
(7) If a court directs that alternative
25
arrangements be made for the giving of
evidence by a witness, the judge must warn
the jury not to draw any inference adverse to
the defendant or give the evidence any
greater or lesser weight because of the
30
making of those arrangements.
(8) Any place outside the courtroom where a
witness is permitted to give evidence under
this section is to be taken to be part of the
courtroom while the witness is there for the
35
purpose of giving evidence.
8
551436B.A1-18/9/2006 BILL LA AS SENT 18/9/2006
Crimes (Sexual Offences) (Further Amendment) Act 2006
Act No.
Part 3--Amendment of Evidence Act 1958
s. 7
(9) The court may at any time in the course of
the proceeding vary or revoke a direction
made under this section either of its own
motion or on the application of a party to the
proceeding.".
5
7. Alternative arrangements for giving evidence in
certain proceedings by child complainants or
complainants with a cognitive impairment
(1) For the heading to section 41E of the Evidence
Act 1958 substitute--
10
"Alternative arrangements for giving evidence
in certain proceedings by child complainants or
complainants with a cognitive impairment".
(2) In section 41E of the Evidence Act 1958--
(a) in sub-section (1) omit "alternative";
15
(b) in sub-section (2) omit "alternative".
8. New section 159 inserted
After section 158A of the Evidence Act 1958
insert--
"159. Transitional provision--Crimes (Sexual
20
Offences) (Further Amendment) Act 2006
The amendments made to this Act by
sections 5, 6 and 7 of the Crimes (Sexual
Offences) (Further Amendment) Act 2006
apply to any proceeding that commences on
25
or after the commencement of those
provisions, irrespective of when the offence
to which the proceeding relates is alleged to
have been committed.".
__________________
9
551436B.A1-18/9/2006 BILL LA AS SENT 18/9/2006
Crimes (Sexual Offences) (Further Amendment) Act 2006
Act No.
Part 4--Amendment of Magistrates' Court Act 1989
s. 9
See: PART 4--AMENDMENT OF MAGISTRATES' COURT
Act No.
ACT 1989
51/1989.
Reprint No. 11
as at 1 August
9. New section 4R inserted
2005 and
amending Act
Before section 5 of the Magistrates' Court
Nos 77/2004,
Act 1989 insert--
5 16/2005,
18/2005,
"4R. Sexual Offences List
19/2005,
45/2005,
62/2005, (1) A Sexual Offences List is established.
69/2005,
78/2005,
(2) The Sexual Offences List consists of any
80/2005,
proceeding that relates (wholly or partly) to a
87/2005,
93/2005,
charge for a sexual offence.
10 2/2006, 9/2006,
12/2006,
(3) The operation and administration of the
32/2006 and
Sexual Offences List is at the direction of the
44/2006.
LawToday:
Chief Magistrate.
www.dms.
dpc.vic.
(4) The Chief Magistrate, under section 16A,
gov.au
may issue practice directions, statements or
15
notes for the Court in relation to the Sexual
Offences List.
(5) Nothing in this section takes away from, or
limits, a discretion or power conferred on the
Chief Magistrate by or under this Act.".
20
__________________
10
551436B.A1-18/9/2006 BILL LA AS SENT 18/9/2006
Crimes (Sexual Offences) (Further Amendment) Act 2006
Act No.
Part 5--Amendment of Crimes (Sexual Offences) Act 2006
s. 10
PART 5--AMENDMENT OF CRIMES (SEXUAL OFFENCES)
ACT 2006
10. New sections 19A and 19B inserted
After section 19 of the Crimes (Sexual Offences)
Act 2006 insert--
5
'19A. New section 606A inserted
After section 606 of the Crimes Act 1958
insert--
"606A. Transitional provision--Crimes
(Sexual Offences) Act 2006
10
(1) An amendment made to this Act by a
provision of section 4 or 5 of the
Crimes (Sexual Offences) Act 2006
applies to any trial that commences on
or after the commencement of that
15
provision, irrespective of when the
offence to which the trial relates is
alleged to have been committed.
(2) An amendment made to this Act by a
provision of section 6, 8, 9, 10, 11, 12
20
or 17(4) or (5) of the Crimes (Sexual
Offences) Act 2006 applies only to
offences alleged to have been
committed on or after the
commencement of that provision.
25
(3) For the purposes of sub-section (1), a
trial commences on arraignment of the
accused in accordance with
Subdivision (12) of Division 1 of
Part III.
30
11
551436B.A1-18/9/2006 BILL LA AS SENT 18/9/2006
Crimes (Sexual Offences) (Further Amendment) Act 2006
Act No.
Part 5--Amendment of Crimes (Sexual Offences) Act 2006
s. 11
(4) For the purposes of sub-section (2), if
an offence is alleged to have been
committed between two dates, one
before and one after the
commencement of a provision of the
5
Crimes (Sexual Offences) Act 2006,
the offence is alleged to have been
committed before the commencement
of that provision.".
19B. Schedule 8 amended
10
After clause 12 of Schedule 8 to the
Crimes Act 1958 insert--
"12A. An offence that, at the time it was
committed, was a forensic sample
15 offence.".'.
11. New section 23A inserted
After section 23 of the Crimes (Sexual Offences)
Act 2006 insert--
'23A. New section 33A inserted
After section 33 of the Crimes (Criminal
20
Trials) Act 1999 insert--
"33A. Transitional provision--Crimes
(Sexual Offences) Act 2006
(1) An amendment made to this Act by a
provision of section 21 (other than sub-
25
section (3)) of the Crimes (Sexual
Offences) Act 2006 applies only to
offences alleged to have been
committed on or after the
commencement of that provision.
30
(2) An amendment made to this Act by a
provision of section 21(3) or 22 of the
Crimes (Sexual Offences) Act 2006
applies to any trial that commences on
or after the commencement of that
35
12
551436B.A1-18/9/2006 BILL LA AS SENT 18/9/2006
Crimes (Sexual Offences) (Further Amendment) Act 2006
Act No.
Part 5--Amendment of Crimes (Sexual Offences) Act 2006
s. 12
provision, irrespective of when the
offence to which the trial relates is
alleged to have been committed.
(3) For the purposes of sub-section (1), if
an offence is alleged to have been
5
committed between two dates, one
before and one after the
commencement of a provision of the
Crimes (Sexual Offences) Act 2006,
the offence is alleged to have been
10
committed before the commencement
of that provision.
(4) For the purposes of sub-section (2), a
trial commences on arraignment of the
accused in accordance with
15
Subdivision (12) of Division 1 of
Part III.".'.
12. New section 38A inserted
After section 38 of the Crimes (Sexual Offences)
Act 2006 insert--
20
'38A. New section 158A inserted
After section 158 of the Evidence Act 1958
insert--
"158A. Transitional provision--Crimes
(Sexual Offences) Act 2006
25
(1) An amendment made to this Act by a
provision of section 25, 29, 30, 33 or 37
of the Crimes (Sexual Offences) Act
2006 applies to--
(a) any legal proceeding commenced
30
before the commencement of that
provision if at the commencement
of that provision--
13
551436B.A1-18/9/2006 BILL LA AS SENT 18/9/2006
Crimes (Sexual Offences) (Further Amendment) Act 2006
Act No.
Part 5--Amendment of Crimes (Sexual Offences) Act 2006
s. 13
(i) the hearing of the proceeding
had not commenced; or
(ii) no evidence had been given
on the hearing of the
proceeding; and
5
(b) any legal proceeding that
commences on or after the
commencement of that provision.
(2) An amendment made to this Act by a
provision of section 27, 34 or 38 of the
10
Crimes (Sexual Offences) Act 2006
applies to any legal proceeding that
commences on or after the
commencement of that provision.".'.
13. New section 41A inserted
15
After section 41 of the Crimes (Sexual Offences)
Act 2006 insert--
'41A. New clause 35A inserted in Schedule 8
After clause 35 of Schedule 8 to the
Magistrates' Court Act 1989 insert--
20
"35A. An amendment made to this Act by a provision
of section 40 or 41 of the Crimes (Sexual
Offences) Act 2006 applies only to a criminal
proceeding commenced on or after the
25 commencement of that provision.".'.
14. Amendment of Sentencing Act 1991
(1) For section 43(1) of the Crimes (Sexual
Offences) Act 2006 substitute--
'(1) In section 3(1) of the Sentencing Act 1991,
in the definition of "serious offence"--
30
(a) in paragraph (c)(viii), for "(sexual
relationship with" substitute
"(persistent sexual abuse of";
14
551436B.A1-18/9/2006 BILL LA AS SENT 18/9/2006
Crimes (Sexual Offences) (Further Amendment) Act 2006
Act No.
Part 5--Amendment of Crimes (Sexual Offences) Act 2006
s. 15
(b) after paragraph (d) insert--
"(da) an offence that, at the time it was
committed, was a serious offence;
or";
(c) in paragraph (f), for "paragraph (a), (b),
5
(c), (d) or (e)" substitute "any of the
preceding paragraphs".'.
(2) In section 43(2) of the Crimes (Sexual Offences)
Act 2006--
(a) in paragraph (e), for ' "a child".' substitute
10
' "a child";';
(b) after paragraph (e) insert--
'(f) after clause 1(df) insert--
"(dg) an offence that, at the time it was
committed, was an offence to
15
which this clause applied;";'.
15. Amendment of Serious Sex Offenders Monitoring
Act 2005
In section 44 of the Crimes (Sexual Offences)
Act 2006--
20
(a) in paragraph (h), for "repealed." substitute
"repealed;";
(b) after paragraph (h) insert--
'(i) after item 39 insert--
"39A. An offence that, at the time it was
25
committed, was an offence listed
in this Schedule.".'.
15
551436B.A1-18/9/2006 BILL LA AS SENT 18/9/2006
Crimes (Sexual Offences) (Further Amendment) Act 2006
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
16
551436B.A1-18/9/2006 BILL LA AS SENT 18/9/2006
[Index] [Search] [Download] [Related Items] [Help]