Summary Proceedings Amendment Act 2010
Checking for alerts... Loading...
Summary Proceedings Amendment Act 2010
| Public Act | 2010 No 87 |
| Date of assent | 6 July 2010 |
| Commencement | see section 2 |
Contents
4 Withdrawal of information by prosecutor
5 Provision for person in custody to be present at taking of statement
6 Application of provisions of Part 2
7 High Court Judge must determine trial Court in certain cases
8 Dealing with defendant committed for trial or for sentence
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Summary Proceedings Amendment Act 2010.
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 Summary Proceedings Act 1957.
4 Withdrawal of information by prosecutor
Section 158(2)(b) is amended by omitting
“13A(6)(d) of the Evidence Act 1908”
and substituting“109(1)(d) of the Evidence Act 2006”
.
5 Provision for person in custody to be present at taking of statement
-
(1) Section 166(a) is amended by omitting
“Superintendent of the penal institution”
and substituting“manager of the prison”
.(2) Section 166(b) is amended by omitting
“Superintendent”
and substituting“manager”
.
6 Application of provisions of Part 2
Section 184(2) is amended by repealing paragraph (e).
7 High Court Judge must determine trial Court in certain cases
Section 184Q(6) is amended by omitting
“13C of the Evidence Act 1908”
and substituting“112 of the Evidence Act 2006”
.
8 Dealing with defendant committed for trial or for sentence
-
(1) Section 184T(3) is amended by omitting
“psychiatric hospital”
and substituting“hospital or secure facility”
.(2) Section 184T is amended by repealing subsection (4) and substituting the following subsections:
-
“(4) Before making an order under subsection (3), the District Court must be satisfied, on the production of a certificate or certificates by 2 health assessors, that—
“(a) the defendant is mentally impaired; and
“(b) the defendant's mental condition requires that, in the defendant's own interest, the defendant should be detained in a hospital or secure facility instead of in a prison.
-
“(5) In subsections (3) and (4),—
“(a) health assessor has the same meaning as in section 4(1) of the Criminal Procedure (Mentally Impaired Persons) Act 2003:
“(b) hospital has the same meaning as in section 2(1) of the Mental Health (Compulsory Assessment and Treatment) Act 1992:
“(c) secure facility has the same meaning as in section 9(2) of the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003.”
-
9 Child complainant's evidence may be given by video record
Section 185D(2) is amended by omitting
“185C(1)”
and substituting“185C(2)”
.
Legislative history | |
|---|---|
| 29 June 2010 | Divided from Statutes Amendment Bill by committee of the whole House, third reading |
| 6 July 2010 | Royal assent |
This Act is administered by the Ministry of Justice.
Versions
Summary Proceedings Amendment Act 2010
RSS feed link copied, you can now paste this link into your feed reader.