Criminal Legislations

Section 29 Crimes (Serious Sex Offenders) Act 2006 | Court rules for detention and supervision applications


Section 29 of the Crimes (Serious Sex Offenders) Act 2006 relates to Court rules for detention and supervision applications and is extracted below.

For accurate advice and proven results in sexual assault cases, call Sydney Criminal Lawyers today on (02) 9261 8881 to speak with an experienced sexual assault lawyer.

The Legislation
 
29 Rules of court

(1) Rules of court may be made under the Supreme Court Act 1970 for regulating the practice and procedure of the Supreme Court in respect of proceedings under this Act.

(2) This section does not limit the rule-making powers conferred by the Supreme Court Act 1970.

Section 28 Crimes (Serious Sex Offenders) Act 2006 | Bail Act not applying


Section 28 of the Crimes (Serious Sex Offenders) Act 2006 relates to Bail Act not applying and is extracted below.

For accurate advice and proven results in sexual assault cases, call Sydney Criminal Lawyers today on (02) 9261 8881 to speak with an experienced sexual assault lawyer.

The Legislation

28 Bail Act 1978 not to apply

The Bail Act 1978 does not apply to or in respect of a person who is a defendant in proceedings under this Act, other than proceedings for an offence under section 12 or 25 (2).

Section 27 Crimes (Serious Sex Offenders) Act 2006 | Hearings for detention and supervision orders


Section 27 of the Crimes (Serious Sex Offenders) Act 2006 relates to Hearings for detention and supervision orders and is extracted below.

For accurate advice and proven results in sexual assault cases, call Sydney Criminal Lawyers today on (02) 9261 8881 to speak with an experienced sexual assault lawyer. 27 Hearings

The Legislation

This Act does not affect the right of any party to proceedings under this Act:

(a) to appear, either personally or by the party’s legal representative, or
(b) to call witnesses and give evidence, or
(c) to cross-examine witnesses, or
(d) to make submissions to the Court on any matter connected with the proceedings.

Section 26 Crimes (Serious Sex Offenders) Act 2006 | Protection of the State


Section 26 of the Crimes (Serious Sex Offenders) Act 2006 relates to Protection of the State and is extracted below.

For accurate advice and proven results in sexual assault cases, call Sydney Criminal Lawyers today on (02) 9261 8881 to speak with an experienced sexual assault lawyer.

The Legislation

26 Protection of certain persons from liability

No action lies against any person (including the State) for or in respect of any act or omission done or omitted by the person if it was done or omitted in good faith for the purposes of, or in connection with the administration or execution of, this Act.

Section 25B Crimes (Serious Sex Offenders) Act 2006 | Supervision and detention orders being made at same time


Section 25B of the Crimes (Serious Sex Offenders) Act 2006 relates to Supervision and detention orders being made at same time and is extracted below.

For accurate advice and proven results in sexual assault cases, call Sydney Criminal Lawyers today on (02) 9261 8881 to speak with an experienced sexual assault lawyer.

The Legislation

25B Orders may be made at same time

(1) Nothing in this Act prevents the Supreme Court from making an extended supervision order in respect of a person at the same time that it makes a continuing detention order in respect of the person.

(2) In such a case, despite section 10 (1), the extended supervision order commences on the expiry of the continuing detention order and expires:
(a) at the end of such period (not exceeding 5 years from the day on which it commences) as is specified in the order, or
(b) if the order is suspended for any period, the period specified in paragraph (a) plus each period during which the order is suspended.

Section 25A Crimes (Serious Sex Offenders) Act 2006 | Court in which applications can be made


Section 25A of the Crimes (Serious Sex Offenders) Act 2006 relates to Court in which applications can be made and is extracted below.

For accurate advice and proven results in sexual assault cases, call Sydney Criminal Lawyers today on (02) 9261 8881 to speak with an experienced sexual assault lawyer.

The Legislation

25A Proceedings for offences

(1) Proceedings for an offence under this Act or the regulations are to be dealt with summarily before the Local Court.

(2) Proceedings for an offence under section 12 may also be dealt with summarily before the Supreme Court.

Section 25 Crimes (Serious Sex Offenders) Act 2006 | Attorney General requiring information


Section 25 of the Crimes (Serious Sex Offenders) Act 2006 relates to Attorney General requiring information and is extracted below.

For accurate advice and proven results in sexual assault cases, call Sydney Criminal Lawyers today on (02) 9261 8881 to speak with an experienced sexual assault lawyer.

The Legislation

25 Attorney General may require provision of certain information

(1) The Attorney General may, by order in writing served on any person, require that person to provide to the Attorney General any document, report or other information in that person’s possession, or under that person’s control, that relates to the behaviour, or physical or mental condition, of any sex offender.

(2) A person who fails to comply with the requirements of an order under this section is guilty of an offence. Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.

(3) Despite any Act or law to the contrary, any document or report of a kind referred to in subsection (1), or any copy of any such document or report, is admissible in proceedings under this Act.

Section 24A Crimes (Serious Sex Offenders) Act 2006 | Attorney General acting for the State


Section 24A of the Crimes (Serious Sex Offenders) Act 2006 relates to Attorney General acting for the State and is extracted below.

For accurate advice and proven results in sexual assault cases, call Sydney Criminal Lawyers today on (02) 9261 8881 to speak with an experienced sexual assault lawyer.

The Legislation

24A Attorney General etc to act on behalf of State The Attorney General (or any other person prescribed by the regulations) is entitled to act on behalf of the State of New South Wales for the purposes of applications made under this Act.

Section 23 Crimes (Serious Sex Offenders) Act 2006 | No costs for offender


Section 23 of the Crimes (Serious Sex Offenders) Act 2006 relates to No costs for offender and is extracted below.

For accurate advice and proven results in sexual assault cases, call Sydney Criminal Lawyers today on (02) 9261 8881 to speak with an experienced sexual assault lawyer.

The Legislation

23 Costs not to be awarded against offender

An order for costs may not be made against an offender in relation to any proceedings under this Act (including proceedings on an appeal under this Act).

Section 22 Crimes (Serious Sex Offenders) Act 2006 | Appeal against supervision and detention orders


Section 22 of the Crimes (Serious Sex Offenders) Act 2006 relates to Appeal against supervision and detention orders and is extracted below.

For accurate advice and proven results in sexual assault cases, call Sydney Criminal Lawyers today on (02) 9261 8881 to speak with an experienced sexual assault lawyer.

The Legislation

22 Right of appeal

(1) An appeal to the Court of Appeal lies from any determination of the Supreme Court to make, or to refuse to make, an extended supervision order or continuing detention order.

(2) An appeal may be on a question of law, a question of fact or a question of mixed law and fact.

(3) An appeal against the decision of the Supreme Court may be made, as of right, within 28 days after the date on which the decision was made or, by leave, within such further time as the Court of Appeal may allow.

(4) The making of an appeal does not stay the operation of an extended supervision order or continuing detention order.

(4A) If the Court of Appeal remits a matter to the Supreme Court for decision after an appeal is made, the extended supervision order or continuing detention order the subject of the appeal continues in force, subject to any order made by the Court of Appeal.

(4B) Without limiting any other jurisdiction it may have, if the Court of Appeal remits a matter to the Supreme Court for decision after an appeal is made, the Court of Appeal may make an interim order revoking or varying an extended supervision order or a continuing detention order the subject of the appeal.

(5) This section does not limit any right of appeal that may exist apart from this Act.