Local Court Bench Book update 139 contains amendments to:
Specific penalties and orders
has been updated as a result of the following recent amendments:
- Liquor Regulation 2018 by the Liquor Amendment (Night-time Economy) Act 2020
- Rural Fires Act 1997 by the Bushfires Legislation Amendment Act 2020
[8-000] Evidence by domestic violence complainants has been amended as follows:
- at [8-000] and [8-020] by inserting reference to the new Ch 6, Pt 4B, Div 5 Criminal Procedure Act 1986 (Giving of evidence by domestic violence complainants — other provisions) which provides for the evidence of a complainant in domestic violence offence proceedings to be given in closed court, including for a recording of their evidence, and permits witnesses to give evidence remotely
- a new [8-030] on closing the court when domestic violence complainants give evidence under s 289U and provisions relating to when the evidence also relates to a prescribed sexual offence; when the complainant is a vulnerable person; when the complainant has a support person present when giving evidence; or when the evidence may be heard in open court
- at [8-040] by inserting reference to ways a complainant in domestic violence offence proceedings may give evidence under new s 289V, namely, by “alternative means” from a place other than the courtroom by AVL or two way communication technology, or using “alternative arrangements” to restrict visual and other contact with the accused or other persons in the courtroom using screens or planned seating arrangements. Reference to the amended Local Court Practice Note Crim 1 Case management of criminal proceedings in the Local Court has been included which provides that the prosecution must provide the court with a notice at the first mention indicating whether the complainant wishes to give evidence by alternative means or using alternative arrangements (Attachment E of PN 1/2012).
- at [8-120] by specifying warnings to juries when a complainant gives evidence by alternative means or using alternative arrangements (s 289V(5)), and when there has been absence of, or a delay in making, a complaint: s 306ZR.
[16-000] General Orders has been updated at [16-080] to refer to s 25(2A) Crimes (Sentencing Procedure) Act 1999 which provides a magistrate is to consider whether it is more appropriate to adjourn proceedings when deciding whether to issue a warrant for an absent offender who has provided a written plea of guilty.
[22-000] Apprehended violence orders has been amended as follows:
- at [22-060] to include reference to s 28B(2) Crimes (Domestic and Personal Violence) Act 2007 which provides police must not make a provisional order that decreases the protection afforded to a person under an existing AVO
- at [22-100] by including reference to s 289U Criminal Procedure Act 1986 which requires the court to be closed if a complainant is giving evidence in domestic violence offence proceedings
- a note has been inserted at [22-100] indicating that Ch 6, Pt 4B, Div 5 Criminal Procedure Act applies to a complainant’s evidence in domestic violence offence proceedings: s 289T(1)(b). The complainant’s evidence is to be heard in closed court (s 289U), and they are also entitled to give evidence by “alternative means” or “alternative arrangements”: s 289V
- a further amendment at [22-120] to include reference to s 81A which provides that if there is any inconsistency between AVOs made in relation to a defendant and more than one order applies to the same protected person, the most recent prohibition or restriction prevails (subject to s 28B)
- also at [22-120], to include reference to s 79B(4) which provides the subject of an indefinite order may apply to vary or revoke the order with the court’s leave. Leave may only be granted if the court is satisfied there has been a significant change in circumstances since the order was made or last varied, or it is in the interests of justice: s 79B(5)
- a reference to s 79B(6) has been included at [22-220], which provides that the power to revoke or vary an indefinite order in s 79B(4) does not apply to police-initiated orders where the protected person (or one of the protected persons) is a child.
[38-000] Children’s Court Criminal jurisdiction has been amended at [38-020] to specify the Local Court and the Drug Court may not hear and determine criminal proceedings over which the Children’s Court has jurisdiction: ss 7(1), 7(2) Children (Criminal Proceedings) Act 1987. Reference to victim impact statements has been removed from [38-080].
Local Court Practice Notes the Local Court Practice Note Crim 1 Case management of criminal proceedings in the Local Court has been amended and updated. The amended practice note provides the prosecution must provide the court with a notice at the first mention indicating whether the complainant wishes to give evidence by alternative means or using alternative arrangements (Attachment E of PN 1/2012), and extends the time standard for the listing of a hearing in domestic violence offence proceedings from three months to six months from the date charges are laid.
The Index and Table of Statutes have been updated to Update 139.