Justices Amendment Rules 2006
The Magistrates Rule Committee, in the exercise of its powers under section 15AE of the Magistrates Court Act 1987 , makes the following rules of court for courts of summary jurisdiction exercising jurisdiction under the Justices Act 1959 .
These rules of court may be cited as the Justices Amendment Rules 2006 .
These rules of court take effect on the day on which their making is notified in the Gazette.
In these rules of court, the Justices Rules 2003 are referred to as the Principal Rules.
4. Rule 54A amended (Interpretation)
Rule 54A of the Principal Rules is amended as follows:(a) by omitting "court of summary jurisdiction within the meaning of the Justices Act 1959 " from the definition of Court and substituting "court of petty sessions";(b) by inserting the following definition after the definition of Court :victim means –(a) a victim within the meaning of section 81A of the Sentencing Act 1997 ; and(b) a person allowed to furnish to the Court a written statement under subsection (2A) of that section;
5. Rule 54D substituted
Rule 54D of the Principal Rules is rescinded and the following rule is substituted:54D. Reading of victim impact statement
A victim impact statement is to be read to, or by, the Court before the Court passes sentence on the offender.
6. Rule 54F amended (Power of victim to amend victim impact statement)
Rule 54F of the Principal Rules is amended by omitting "to" second occurring and substituting "to, or by,".
7. Rule 54H amended (Power of victim to withdraw victim impact statement)
Rule 54H of the Principal Rules is amended as follows:(a) by omitting "to" first occurring and substituting "to, or by,";(b) by omitting "to" third occurring and substituting "to, or by,".
8. Schedule 2 amended (Offences)
Schedule 2 to the Principal Rules is amended as follows:(a) by inserting after item 3 the following items:
3A.
An offence under the Dog Control Act 2000
3B.
An offence under the Environmental Management and Pollution Control (Miscellaneous Noise) Regulations 2004
(b) by omitting item 13 and substituting the following item:(c) by inserting after item 14 the following item:
14A.
An offence under section 7 of the Road Safety (Alcohol and Drugs) Act 1970
These rules of court were made by the Magistrates Rule Committee at a meeting held on 6 December 2006.
A. G. SHOTT
Chief Magistrate
M. R. HILL
Deputy Chief Magistrate
O. McTAGGART
Member
P. F. DIXON
Member
M. RAPLEY
Member
T. J. HILL
Member
P. H. WILSON
Member
W. M. GRIFFITHS
Member
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 20 December 2006
These rules are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the rule)
These rules of court amend the Justices Rules 2003 by –(a) revising certain provisions relating to victim impact statements consequent on the enactment of the Justice and Related Legislation (Miscellaneous Amendments) Act 2005 ; and(b) specifying further offences in respect of which a defendant may plead in writing.