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Local Court Bench Book April 2025 update

Local Court Bench Book front cover
4 April 2025

The update amends the Bench Book to update and revise various chapters and incorporate recent cases and legislative developments. The following chapters have been revised:

Specific penalties and orders has been updated as follows:

  • Drug Misuse and Trafficking Act 1985 to incorporate further prohibited drug types in the Table of common prohibited plants and drugs
  • Marine Safety Act 1998 to incorporate amendments made by Marine Safety Amendment Act 2025.

Road transport legislation

  • [2-000] Road Transport Act 2013: some key provisions updated to include amendments made to the Road Rules 2014 by Road Transport Amendment (Miscellaneous) Regulation 2025
  • [2-040] Other offences

General orders

  • Cross-references to Sentencing Bench Book inserted at [16-120] Sentencing orders generally, [16-160] Conditions of CROs, CCOs and ICOs generally, [16-260] Conditional Release Order (CRO), [16-320] Community Correction Order (CCO), [16-360] Sentences of imprisonment
  • [16-340] Intensive correction order (ICO)Restrictions on power to make an ICO updated to include reference to Vamadevan v R [2024] NSWCCA 223 regarding the application of s 16A Crimes Act 1914 (Cth) as the governing provision when making an ICO in relation to a federal offender (not s 66 Crimes (Sentencing Procedure) Act 1999).

Commonwealth offences

  • [18-100] Sentencing options updated to provide cross-references to the Sentencing Bench Book regarding Intensive Correction Orders and mandatory minimum sentences which apply to some Commonwealth child sex offences
  • [18-140] Person suffering from mental illness or intellectual disability to include reference to R v Skapik [2025] NSWCCA 19 and observations made regarding the meaning of “mental illness” in s 20BQ of the Crimes Act 1914 (Cth).

Bail

Apprehended Violence Orders

  • [22-060] Provisional orders — ss 25–32 updated to include amendments to ss 31–32
  • [22-080] Referral to mediation — s 21 updated to include reference to recently inserted s 14(1A) and (1C)
  • [22-220] Variation or revocation of final or interim court orders — ss 72–75 updated to include reference to Commissioner of NSW Police v Murphy [2024] NSWCA 311.

Mental Health and Cognitive Impairment Forensic Provisions Act 2020

  • [30-160] Whether to prosecute following a s 19 order updated to clarify that following the making of a s 19 order, whether to divert under s 32(4) Mental Health Act 2007 is the prosecution’s decision.

Children’s Court

  • [38-040] Bail to reflect the extension of s 22C to 1 October 2026: s 22C(5), as amended by the Bail Amendment (Extension of Limitation on Bail in Certain Circumstances) Act 2025
  • [38-080] Sentencing orders and principles updated to include cross reference to Traffic offender intervention program (TOIP) in Court-based and other diversionary programs on JIRS. Table of sentencing alternatives in the Children’s Court jurisdiction updated in relation to control orders following PD v DPP (NSW) [2025] NSWSC 16
  • [38-180] Make a control order — s 33(1)(g) updated to refer to PD v DPP (NSW).

Coronial matters

  • [44-160] Supreme Court applications updated to refer to Nash v State Coroner of NSW [2025] NSWSC 93 and the wide discretionary power conferred by s 85 Coroners Act 2009.