CRIMINAL LAW CONSOLIDATION (DOUBLE JEOPARDY) AMENDMENT BILL

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. Clause 5, page 3, line 19 [clause 5, inserted section 331(1), definition of acquittal, (b)]—

Before 'discretion' insert:

direction or

No. Clause 5, page 3, line 28 [clause 5, inserted section 331(1), definition of administration of justice offence, (e)]—

Delete 'an offence against' and substitute:

a substantially similar offence against a previous enactment or

No. Clause 5, page 4, line 12 [clause 5, inserted section 331(1), definition of Category A offence, (h)]—

Delete 'an offence against' and substitute:

a substantially similar offence against a previous enactment or

No. Clause 5, page 7, after line 16 [clause 5, inserted section 336(1)(b)]—

After subparagraph (ii) insert:

and

(iii) any other matter that the Court considers relevant.

No. Clause 5, page 7, line 38 [clause 5, inserted section 336(4)]—

Delete 'indictment' and substitute:

information

No. Clause 5, page 8, line 2 [clause 5, inserted section 336(5)]—

Delete 'indictment' and substitute:

information

No. Clause 5, page 8, line 8 [clause 5, inserted section 336(5)(b)]—

Delete 'indictment' and substitute:

information

No. Clause 5, page 8, after line 8 [clause 5, inserted section 336]—

After subsection (5) insert:

(5a) If, more than 2 months after an order for the retrial of a person for a relevant offence was made under this section, an information for the retrial of the person for the offence has not been presented or has been withdrawn or quashed, the person may apply to the Full Court to set aside the order for the retrial and—

(a) to restore the acquittal that was quashed; or

(b) to restore the acquittal as a bar to the person being retried for the offence,

(as the case requires).

No. Clause 5, page 9, line 16 [clause 5, inserted section 337(4)]—

Delete 'indictment' and substitute:

information

No. Clause 5, page 9, line 20 [clause 5, inserted section 337(5)]—

Delete 'indictment' and substitute:

information

No. Clause 5, page 9, line 26 [clause 5, inserted section 337(5)(b)]—

Delete 'indictment' and substitute:

information

No. Clause 5, page 9, after line 26 [clause 5, inserted section 337]—

After subsection (5) insert:

(5a) If, more than 2 months after an order for the retrial of a person for a Category A offence was made under this section, an information for the retrial of the person for the offence has not been presented or has been withdrawn or quashed, the person may apply to the Full Court to set aside the order for the retrial and—

(a) to restore the acquittal that was quashed; or

(b) to restore the acquittal as a bar to the person being retried for the offence,

(as the case requires).

No. Clause 5, page 10, after line 6 [clause 5, inserted section 338(1)(b)]—

After subparagraph (ii) insert:

and

(iii) any other matter that the Court considers relevant.

No. Clause 5, page 10, line 21 [clause 5, inserted section 338(4)]—

Delete 'indictment' and substitute:

information

No. Clause 5, page 10, line 25 [clause 5, inserted section 338(5)]—

Delete 'indictment' and substitute:

information

No. Clause 5, page 10, line 31 [clause 5, inserted section 338(5)(b)]—

Delete 'indictment' and substitute:

information

No. Clause 5, page 10, after line 31 [clause 5, inserted section 338]—

After subsection (5) insert:

(5a) If, more than 2 months after an order for the trial of a person for an administration of justice offence was made under this section, an information for the trial of the person for the offence has not been presented or has been withdrawn or quashed, the person may apply to the Full Court to set aside the order for the trial and to restore the acquittal as a bar to the person being tried for the offence.

No. Clause 5, page 11, lines 13 to 21 (inclusive) [clause 5, inserted Part 10 Division 5]—

Delete Division 5 and substitute:

Part 10A—Appeal against sentence

340—Appeal against sentence

Despite any other rule of law, if on an appeal against sentence the court is satisfied that the sentence should be quashed and another sentence (whether more severe or otherwise) imposed, the court must—

(a) impose the sentence that should have been imposed in the first instance; and

(b) order that the sentence—

(i) will be taken to have come into effect on a date before the date of the order; or

(ii) will take effect on a date on or after the date of the order.

Consideration in committee.

Mr PEDERICK: Madam Chair, I draw your attention to the state of the committee.

A quorum having been formed:

The Hon. M.J. ATKINSON: I move:

That the Legislative Council's amendments be agreed to.

Mrs REDMOND: Given that I have no idea what our position is on these amendments and as it is not on the Notice Paper for today, I can but indicate that, on the basis that the government has more numbers in this house than we do, our input is of little import anyway.

Motion carried.