District Courts Amendment Act (No 2) 2008

1: Title
This Act is the District Courts Amendment Act (No 2) 2008.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the District Courts Act 1947 2008-06-26 District Courts Act 1947
4: Extent of jurisdiction under Part 2A of this Act
1: Section 28A
1: A Court that is sitting at a place appointed under section 4(2A) and is presided over by a trial Judge has jurisdiction under this Part in respect of the following offences:
a: any offence for which the accused elects under section 66 of the Summary Proceedings Act 1957 to be tried by a jury:
b: all indictable offences under any enactment (other than the offences referred to in Parts 1 and 2 of Schedule 1A):
c: the indictable offences referred to in Part 1 of Schedule 1A, in any case where—
i: the proceedings are transferred to the Court under section 168AA of the Summary Proceedings Act 1957; or
ii: a person pleads guilty under section 153A or 168 of the Summary Proceedings Act 1957, before he or she is committed for trial or sentence for any such offence:
d: conspiring to commit an indictable offence to which paragraph (b) or (c) applies:
e: attempting to commit an indictable offence to which paragraph (b) or (c) applies, or inciting or counselling or attempting to procure any person to commit any such offence, which is not committed:
f: being an accessory after the fact to any indictable offence to which paragraph (b) or (c) applies.
2: Section 28A(2) paragraphs (d), (f), (g), and (h) paragraphs (c) to (f)
3: Section 153A(6)﻿(a)
i: the defendant elected under section 66 to be tried by a jury; or
ii: the offence is an indictable offence under any enactment (other than an offence referred to in Part 2 of Schedule 1A of the District Courts Act 1947); or
iii: the offence is an offence to which section 28A(1)﻿(d), (e), or (f) of the District Courts Act 1947 applies,— .
4: Section 168A(1)﻿(a) paragraphs (a) to (d) of section 28A(1) of the District Courts Act 1947 paragraphs (a), (b), and (d) to (f) of section 28A(1) of the District Courts Act 1947
5: Section 168AA(1) Part 2 Part 1 2008-06-26 Summary Proceedings Act 1957
5: Maximum sentences
Section 28F(3)
a: a person pleads guilty under section 153A or 168 of the Summary Proceedings Act 1957, before or during the preliminary hearing, to—
i: any offence for which the accused elects trial by jury under section 66 of the Summary Proceedings Act 1957; or
ii: any indictable offence under any enactment (other than the offences referred to in Part 2 of Schedule 1A); or
iii: any offence to which section 28A(1)﻿(d), (e), or (f) applies; and .
6: Appeal against sentence
Section 28H
2: If this section applies, then,—
a: in any case where the sentence imposed exceeds the maximum term of imprisonment or the maximum fine that may be imposed by a District Court Judge under section 7 of the Summary Proceedings Act 1957 (which is a term of imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both),—
i: the person sentenced may appeal to the Court of Appeal under section 383(1A) of the Crimes Act 1961; and
ii: the Solicitor-General may appeal, with the leave of the Court of Appeal, to the Court of Appeal under section 383(2A) of the Crimes Act 1961; and
b: in any other case,—
i: the person sentenced may appeal to the High Court under section 115(2A) of the Summary Proceedings Act 1957; and
ii: the informant, with the consent of the Solicitor-General given under section 115A(2) of the Summary Proceedings Act 1957, may appeal against the sentence to the High Court under section 115A(1A) of the Summary Proceedings Act 1957.
2A: This section is subject to section 384A of the Crimes Act 1961.
7: Regulations
Section 123(1)
bf: amending Schedule 1A by adding offences to, or removing offences from, Part 1 or Part 2 of that schedule:
bg: prescribing transitional arrangements for the trial and sentencing of persons charged with offences that are added to or removed from Part 1 or Part 2 of Schedule 1A: .
8: New Schedule 1A substituted
Schedule 1A Schedule
9: Transitional provision
1: Subsection (2) applies to any offence that—
a: before the commencement of the District Courts Amendment Act (No 2) 2008
b: after the commencement of the District Courts Amendment Act (No 2) 2008 Summary Proceedings Act 1957
2: If a defendant is committed for trial before the commencement of the District Courts Amendment Act (No 2) 2008
3: This section does not affect the application of the Interpretation Act 1999 District Courts Amendment Act (No 2) 2008