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
- updated to include cross-reference to Traffic offender intervention program (TOIP) in Court-based and other diversionary programs on JIRS
- information relating to Heavy Vehicle National Law (NSW) maximum penalties updated and a link to Heavy Vehicle National Law: Schedule of Infringement Penalties and Demerit Points 24/25 FY added.
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
- [20-060] Persons for whom a bail decision may be made 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
- [20-360] General rules for bail conditions — s 20A updated to include information on deferral of sentence for rehabilitation or other purpose as well as to cross-reference Court-based and other diversionary programs on JIRS.
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.