Bills

Summary Procedure (Indictable Offences) 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. 1. Clause 7, page 27, lines 31 and 32 [clause 7, inserted section 123(4)(g)]—Delete inserted paragraph (g)

No. 2. Clause 7, page 31, lines 24 to 28 [clause 7, inserted section 125(6)]—Delete subsection (6)

No. 3. Clause 7, page 31, after line 28 [clause 7, inserted section 125]—Before inserted subsection (7) insert:

(6a) If a defendant in proceedings for an indictable offence in a superior court fails to comply with disclosure requirements applying under section 124, the failure may be made the subject of comment to the jury by the prosecutor or the judge (or both).

No. 4. Clause 7, page 32, lines 9 to 11 [clause 7, inserted section 126(2)]—Delete subsection (2)

No. 5. Clause 7, page 32, lines 12 to 20 [clause 7, inserted section 126(3)]—Delete inserted subsection (3) and substitute:

(3) A master or judge must not grant an application under subsection (1)(b) unless satisfied that it is in the interests of justice for the subpoena to be issued.

No. 6. Clause 7, page 35, after line 19—After inserted section 133 insert:

133A—Power to require notice of intention to adduce certain kinds of evidence

(1) A court before which a defendant is to be tried on information may, on application by the prosecutor, require the defence to give the prosecution written notice of an intention to introduce evidence of any of the following kinds:

(a) evidence tending to establish that the defendant was mentally incompetent to commit the alleged offence or is mentally unfit to stand trial;

(b) evidence tending to establish that the defendant acted for a defensive purpose;

(c) evidence of provocation;

(d) evidence of automatism;

(e) evidence tending to establish that the circumstances of the alleged offence occurred by accident;

(f) evidence of necessity or duress;

(g) evidence tending to establish a claim of right;

(h) evidence of intoxication.

(2) Before making an order under this section, the court must satisfy itself that—

(a) the prosecution has provided the defence with the prosecution case statement in accordance with section 123; and

(b) the prosecution has no existing, but unfulfilled, obligations of disclosure to the defence.

(3) Non-compliance with a requirement under subsection (1) does not render evidence inadmissible but the prosecutor or the judge (or both) may comment on the non-compliance to the jury.

(4) A court before which a defendant is to be tried on information may require the defence to notify the prosecutor, in writing, whether the defendant consents to dispensing with the calling of prosecution witnesses proposed to be called to establish the admissibility of specified intended evidence of any of the following kinds:

(a) documentary, audio, visual, or audiovisual evidence of surveillance or interview;

(b) other documentary, audio, visual or audiovisual evidence;

(c) exhibits.

(5) If the defence fails to comply with a notice under subsection (4), the defendant's consent to the tender of the relevant evidence for purposes specified in the notice will be conclusively presumed.

No. 7. Clause 8, page 61, after line 8 [clause 8, inserted section 180(6)]—After the definition of court insert:

firearm has the same meaning as in the Firearms Act 2015;

offensive weapon means—

(a) an article or substance made or adapted for use for causing, or threatening to cause, personal injury or incapacity including—

(i) a firearm or imitation firearm (ie an article intended to be taken for a firearm); or

(ii) an explosive or an imitation explosive (ie an article or substance intended to be taken for an explosive); or

(b) an article or substance that a person has—

(i) for the purpose of causing personal injury or incapacity; or

(ii) in circumstances in which another is likely to feel reasonable apprehension that the person has it for the purpose of causing personal injury or incapacity.