Update 161 amends the Bench Book to update and revise various chapters and incorporate recent legislative developments and case law. The following chapters have been revised:
- Crimes Act 1900 has been revised to incorporate new and amended offences in the:
Bail
- [20-140] Power to hear bail application and [20-520] Stay of judge’s decision to grant bail for certain serious offences — s 40 have been updated to include amendments by the Local Court and Bail Legislation Amendment Act 2025 in respect of references to “authorised justice”.
- [20-360] General rules for bail conditions — s 20A Table 1. Bail conditions that can be imposed has been updated to include a note to clarify that s 30A of the Bail Act 2013 provides an electronic monitoring condition for bail may only be imposed under s 28B (in relation to “serious domestic violence offences”).
Committal proceedings
- [28-020] Indictable offences has been updated to incorporate Reyter v Director of Public Prosecutions (NSW) [2026] NSWSC 100 dealing with Table 1 or Table 2 offences in the Local Court.
Inquiries under the Mental Health and Cognitive Impairment Forensic Provisions Act 2020
- The chapter at [30-000]ff has been updated to include amendments by the Local Court and Bail Legislation Amendment Act 2025 in respect of references to “authorised justice”.
Children’s Court — criminal jurisdiction
- [38-020] Criminal procedure generally has been updated to include commentary regarding the age of criminal responsibility and the codification of the presumption “doli incapax” in relation to children aged 10, 11, 12 and 13 following commencement of the Children (Criminal Proceedings) and Young Offenders Legislation Amendment Act 2025.
Extradition
- The chapter at [46-000]ff has been substantially revised and updated.
The Index, Table of cases and Table of statutes have been updated to Update 161.