Local Court Bench Book Update 150 published

Local Court Bench Book publishes in html and pdf format.
Update 150 of the Local Court Bench Book includes:

Specific penalties and orders has been updated to incorporate:

  • Crimes Act 1900 amendments:
    (a) Criminal Legislation Amendment (Knife Crimes) Act 2023 (No 12) to include new offences ss 93IB (Custody of knives in public places or schools) and 93IC (Using or carrying knives in public places or schools) replacing repealed offences in the Summary Offences Act 1988, ss 11C, 11E
    (b) Voluntary Assisted Dying Act 2022 (No 17) to include new offences ss 41C (Inducing another person to request or access voluntary assisted dying), and 41E (Advertising Sch 4 or 8 poison as voluntary assisted dying substance)
    (c) Crimes Amendment (Corrupt Benefits for Trustees) Act 2023 (No 21) amends s 249E to remove the requirement that proceedings are not to be commenced without consent of Attorney General,
  • Protection of the Environment Operations Act 1997 to include the Local Court may make additional orders on sentence under s 250(1)(a), (b), (f), (g) relating to publicising the offence or undergoing training.

[4-000] Defended hearings is revised at [4-060] to incorporate Darlington v DPP [2023] NSWSC 1139 where the magistrate failed to give adequate reasons and made no real attempt to deal with the accused’s arguments.

[20-000] Bail is revised at [20-300] to remove repealed knife offences under ss 11C and 11E Summary Offences Act 1988 by the Criminal Legislation Amendment (Knife Crimes) Act 2023. The table of bail conditions that can be imposed is revised at [20-360] to include the accompaniment requirement (a form of pre-release requirement) under the new s 28A Bail Act 2013.

[28-000] Committal proceedings incorporates:

  • Belkheir v DPP [2023] NSWSC 1233 regarding whether a brief of evidence is “complete” or “compliant” at [28-080]; and service of a charge certificate at [28-100],
  • Tuxford v DPP [2023] NSWSC 1300 regarding failure to ascertain a plaintiff’s plea at [28-160].

[40-000] Children’s Court — Care and Protection Jurisdiction has been amended by Children and Young Persons (Care and Protection) Amendment (Family is Culture) Act 2022 parts of which were proclaimed on 15 November 2023 and applies to care applications made on or after that date. Amendments incorporate changes in relation to:

  • principle of making “active efforts” under s 9A at [40-000]
  • additional requirements for permanency plans for Aboriginal and Torres Strait Islander children and young persons under s 83A at [40-000]
  • evidence of active efforts to take alternative action under s 63 at [40-020]
  • care plans for an Aboriginal or Torres Strait Islander child or young person under s 78(2A) at [40-080]
  • providing reasons under s 83(3A) why there is no realistic possibility of restoration within a reasonable period, and details of active efforts made to restore at [40-080]
  • permanency planning and Aboriginal and Torres Strait Islander considerations under s 83A at [40-080], and
  • special circumstances that warrant allocation of parental responsibilities to Minister for more than 24 months under s 79AA at [40-100].

[52-000] Review and appeals incorporates Darlington v DPP [2023] NSWSC 1139 and Selkirk v DPP [2020] NSWSC 1590 at [52-040] which held that appeals to the Supreme Court against a conviction include a finding of guilt without formal order of conviction.

[70-000] Legal Profession Uniform Conduct Rules includes links to:

  • Legal Profession Uniform Conduct (Barristers) Rules 2015,
  • Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015.

[74-000] Local Court Practice Notes Practice Note Specialist Family Violence List Pilot has been included. It applies to family violence related proceedings listed at the pilot locations (Sydney Downing Centre, Blacktown, Newcastle, Gunnedah circuit (excluding Tamworth), and Moree circuit) for offences commenced on or after 25 September 2023.

The Index, Table of Cases and Table of Statutes have been updated to Update 150.