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Report No. 200

Draft Bill attached to the Report (2003) of NSW Law Reform Commission:

The New South Wales Bill, 2003 appended to their Final Report (2003) is more elaborate than the UK Act, 1981. We shall refer to the provisions in that Bill.

Under section 3 of the Bill 'criminal proceeding' is defined as follows:

"criminal proceeding: means a proceeding in a court relating to the trial or sentencing of a person for an offence and includes

(a) a proceeding for the committal of a person for trial, and

(b) a proceeding for the sentencing of a person following conviction, and

(c) a proceeding relating to bail (including a proceeding during the trial or sentencing of a person), and

(d) a proceeding relating to an order under Part 15A (Apprehended violence) of the Crimes Act, 1900, and

(e) a proceeding preliminary or ancillary to:

(i) a prosecution for an offence, or

(ii) a proceeding for committal of a person for trial, or

(iii) a proceeding relating to bail, or

(iv) a proceeding relating to an order under Part 15A (Apprehended violence) of the Crimes Act, 1900, and

(f) a proceeding by way of an appeal with respect to the trial or sentencing of a person."

Clause (e) of section 4 obviously includes the stage when a person has been 'arrested'.



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