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MAGISTRATES COURT (CRIMINAL AND GENERAL DIVISION) BILL 2019 BILL 27 OF 2019

                                          FACT SHEET
               Magistrates Court (Criminal and General Division) Bill 2019
The Magistrates Court (Criminal and General Division) Bill 2019 is one of a number of Bills that will
replace the outdated Justices Act 1959.

The Bill establishes the Magistrates Court (Criminal and General Division).

Objects of the Bill include to provide for the administration of justice in that Division in such
manner as to:

       Provide for enhanced access to justice;

       Facilitate the timely dispensing of justice according to law;

       Ensure that all proceedings are conducted fairly; and

       Facilitate and improve the case management of proceedings.

The Bill provides a legislative foundation for a number of changes to procedures and the law,
including:

       The replacement of references to ‘justices’ with specific references to the Court as
        constituted by a ‘Magistrate’, a ‘bench justice’ or an ‘authorised justice’.

       The commencement of proceedings by either a ‘court attendance notice’ or a ‘charge
        sheet’.

       A new framework for disclosure of prosecution evidence in summary offences to ensure
        that defendants receive free disclosure of the case against them at the earliest
        opportunity.

       An obligation on defendants to provide notice of an alibi and admissible opinion evidence
        similar to the current requirements in the Criminal Code Act 1924.

       A specific statutory basis for case management procedures and sentence indication
        powers to promote the just and efficient determination of matters.

       An expansion of offences that can be dealt with in the Magistrates Court rather than the
        Supreme Court.

       An express provision for a witness or party to attend court by audio or video link.

       A prohibition on the publication of information relating to preliminary proceedings, unless
        the Court permits this to occur.

       Tightening of procedures for appeals from bail orders made by Magistrates.


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