NSW Attorney-General Introduces Bill To Move Some Break & Enter Hearings To Local Court
Monday 29 August 2016 @ 12.08 p.m. | Judiciary, Legal Profession & Procedure
NSW Attorney-General Gabrielle Upton has introduced a bill into the Legislative Assembly that would allow certain indictable offences to be heard in the Local Court, rather than the District Court. The Criminal Procedure Amendment (Summary Proceedings for Indictable Offences) Bill 2016 was introduced on 25 August 2016, and is currently being considered by the Assembly. The Bill would add four breaking and entering offences to Table 1 of Schedule 1 of the Criminal Procedure Act 1986 (NSW), which lists indictable offences that are to be dealt with summarily unless the prosecution or person charged elects otherwise.
The move is a response to a recommendation in a 2011 Sentencing Council report, “An Examination of Sentencing Powers of the Local Court in NSW”, which suggested a review of the Crimes Act 1900 (NSW) to determine if additional offences should be moved to the tables of indictable offences held in the Local Court. It also follows the allocation of extra government funding to deal with the current District Court backlog, including the appointment of additional judges in March of this year.
Introducing the Bill to the Legislative Assembly, Ms Upton said she was “committed to delivering fast, fair and accessible justice for the people of New South Wales”:
“With this bill the Government will work to ensure that the justice system is fast, fair and accessible. Delays, as we know, put victims under stress. Delays make it harder for victims to recall key details. Delays deplete the resources of our justice system. Benefits from these measures will flow to all participants in the criminal justice system and will also assist in tackling the District Court criminal trial backlog.”
She noted that the New South Wales Local Court had been recognised as the most efficient court in the nation by the Productivity Commission Report on Government Services in February 2015.
The Offences
The Bill inserts a new Clause 8A into Table 1:
“8A Breaking and entering in company
An offence under section 109 (2), 111 (2), 112 (2) or 113 (2) of the Crimes Act 1900 where:
(a) the serious indictable offence alleged is stealing or intentionally or recklessly destroying or damaging property, and
(b) the value of the property stolen or destroyed, or the value of the damage to the property, does not exceed $60,000, and
(c) the only circumstance of aggravation is that the alleged offender is in the company of another person or persons.”
As with other offences in Table 1, the prosecution or the defendant may elect to have their cases heard in the District Court.
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Sources:
Criminal Procedure Amendment (Summary Proceedings for Indictable Offences) Bill 2016, Explanatory Note & Second Reading Speech - available from TimeBase's LawOne Service
