Crimes Legislation Amendment Act 2002 No 130
Repealed version for 1 July 2005 to 19 June 2006 (accessed 20 December 2014 at 16:52)
Schedule 4

Schedule 4 Amendment of Crimes Act 1900

(Section 3)

[1]   (Repealed)

[2]   Section 356D Investigation period

Omit section 356D (1). Insert instead:
  
(1)  The investigation period is a period that:
(a)  if the person was arrested on premises during the execution of a search warrant and detained under Part 3A of the Search Warrants Act 1985—begins when the person ceases to be detained under that Part and ends at a time that is reasonable in all the circumstances (but does not exceed the maximum investigation period), or
(b)  in any other case—begins when the person is arrested and ends at a time that is reasonable in all the circumstances (but does not exceed the maximum investigation period).

[3]   Section 356E Determining reasonable time

Insert after section 356E (2) (k):
  
(k1)  if the person was arrested on premises during the execution of a search warrant and detained on the premises under Part 3A of the Search Warrants Act 1985:
(i)  the period of time that the person was detained on the premises, and
(ii)  the time taken to execute the search warrant, and
(iii)  whether, in the circumstances, the search warrant was executed diligently and without undue delay,

[4]   Section 356FA

Insert after section 356F:
  

356FA   No person may be detained for period of time that is not reasonable

(1)  Nothing in this Part authorises the detention of any person for a continuous period of time that is not reasonable having regard to all the circumstances of the case.
(2)  Without limiting subsection (1), the following periods of time are to be taken into account in determining whether a person has been detained for a continuous period of time that is not reasonable:
(a)  such of the periods of time referred to in section 356F (1) as are relevant,
(b)  if the person was first arrested on premises during the execution of a search warrant—any period of time that the person was detained under Part 3A of the Search Warrants Act 1985 before being detained under this Part.

[5]   Section 356I Information in application for detention warrant

Insert after section 356I (1) (f):
  
(f1)  if the person was arrested on premises during the execution of a search warrant and detained on the premises under Part 3A of the Search Warrants Act 1985:
(i)  details of the premises being searched, and
(ii)  the time and date of the commencement of the execution of the search warrant and the time and date of the completion or cessation of that execution, and
(iii)  the period of time that the person was detained on the premises,

[6]–[8]   (Repealed)

Explanatory note

Assaults against law enforcement officers

Item [1] amends section 60AA of the Crimes Act 1900 to provide that Crown Prosecutors, Acting Crown Prosecutors, sheriff’s officers and solicitors employed by the Director of Public Prosecutions are law enforcement officers for the purposes of Division 8A (Assaults and other actions against police and other law enforcement officers) of Part 3 of the Act.

Amendments consequential on amendments to Search Warrants Act 1985

Items [2], [3] and [5] make amendments to Part 10A (Detention after arrest for purposes of investigation) of the Act that are consequential on the insertion of Part 3A (Detention after arrest during execution of warrant) of the Search Warrants Act 1985 by Schedule 10 [3] to the proposed Act. The amendments ensure that detention under the new Part 3A is taken into account for the purposes of determining an appropriate period of detention under Part 10A. Item [2], in particular, amends Part 10A to provide that a person may be detained under Part 10A for an appropriate period commencing when the person ceases to be detained under new Part 3A.

Person cannot be detained for an excessively long period of time under Part 10A of Act

Item [4] amends Part 10A of the Act to provide that a person cannot be detained under Part 10A for a continuous period of time that is not reasonable having regard to all the circumstances.

Self-defence

Section 421 of the Crimes Act 1900 currently provides that a person is not criminally responsible for murder where the person uses force that involves the intentional or reckless infliction of death in circumstances where the conduct is not a reasonable response in the circumstances as he or she perceives them, but the person believes the conduct is necessary to defend the person or another person or to prevent or terminate the unlawful deprivation of the person’s or another person’s liberty. The section operates to allow a verdict of manslaughter to be given if the person is otherwise criminally responsible for manslaughter.

Item [6] of the proposed amendments to the Act seeks to remove a possible anomaly by making it clear that the exclusion of criminal responsibility for murder for such conduct in those circumstances applies to any conduct that would otherwise amount to murder. The effect of the amendment is to require murder to be reduced to manslaughter if death is inflicted where the accused intends only to cause grievous bodily harm (since it is to be so reduced where the accused intends to kill).

Disclosure of residential address of health care providers applying for apprehended personal violence orders

Item [7] amends Part 15A of the Act to provide that generally the residential address of a health care provider who applies for or is granted an apprehended personal violence order does not need to be specified on the application or order and that a work address may be specified instead.

Savings and transitional provisions

Item [8] amends the Eleventh Schedule to the Act to enable the making of savings and transitional regulations consequent on the enactment of the proposed amendments to the Act.

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