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This is a Bill, not an Act. For current law, see the Acts databases.
Serial 75
Criminal
Code Amendment (Presumption of Joint Trials) Bill
2014
Mr
Elferink
A Bill for an Act to amend the Criminal Code
NORTHERN TERRITORY OF AUSTRALIA
CRIMINAL CODE AMENDMENT (PRESUMPTION OF JOINT TRIALS) ACT 2014
____________________
Act No. [ ] of 2014
____________________
Table of provisions
341A Presumption
of joint trial of sexual offences
Division
9 Criminal Code
Amendment (Presumption of Joint Trials) Act 2014
452 Application
of presumption
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of 2014
____________________
An Act to amend the Criminal Code
[Assented to [ ] 2014]
[Second reading [ ] 2014]
The Legislative Assembly of the Northern Territory enacts as follows:
This Act may be cited as the Criminal Code Amendment (Presumption of Joint Trials) Act 2014.
This Act commences on the day fixed by the Administrator by Gazette notice.
This Act amends the Criminal Code.
After section 309(1)
insert
(1A) To avoid doubt, charges for more than one offence may be joined in the same indictment even if the offences are alleged to have been committed against different persons.
After section 341(1)
insert
(1A) Subsection (1) applies subject to section 341A.
After section 341
insert
341A Presumption of joint trial of sexual offences
(1) Despite any rule of law to the contrary, if an accused person is charged with more than one sexual offence in the same indictment, it is presumed that the charges are to be tried together.
(2) The presumption is not rebutted merely because:
(a) evidence on one charge is not admissible on another charge; or
(b) there is a possibility that evidence may be the result of collusion or suggestion.
(3) In this section:
sexual offence, see section 3 of the Sexual Offences (Evidence and Procedure) Act.
7 Part XI, Division 9 inserted
After section 451
insert
Division 9 Criminal Code Amendment (Presumption of Joint Trials) Act 2014
452 Application of presumption
Section 341A, as inserted by the Criminal Code Amendment (Presumption of Joint Trials) Act 2014, applies in relation to an indictment presented or filed in court after the commencement of that Act, even if an offence charged in the indictment is alleged to have been committed before the commencement of that Act.
This Act expires on the day after it commences.
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