COVID-19 - New laws for criminal matters
The NSW Government has today passed the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 in response to the ongoing COVID-19 pandemic.
What does this mean for criminal matters?
Additional Police Powers
A new section (section 71A) has been added to the Public Health Act 2010. This gives police the power to arrest people who they reasonably suspect have or are breaching COVID-19 public health orders.
Once arrested, police have to:
Return the person to their home
Take the person to a place detailed in the public health order where that the person has been ordered to reside, or
Place the person on home detention.
Police can also issue penalty notices for fines of $1,000 to people and $5,000 to corporations who ignore public health orders.
Given the hefty fine that can be handed out for breaching the orders, it’s important that you keep up to date about what is and isn’t permitted so that you’re not caught out.
For example, it’s likely that the state government will shortly expand on its public health orders to make it an offence to host house parties or children’s birthday parties at home where this breaches the social-distancing requirements.
Early parole
Another change will allow the Corrective Services Commissioner to grant early parole to certain offenders in certain circumstances.
The Commissioner will first need to assess whether the offender is low-risk or vulnerable and that their release is “reasonably necessary” as a result of the COVID-19 pandemic. The Commissioner has to take into account:
The offence committed
The time period remaining before the expiry of an offender’s sentence or non-parole period
The offender’s age
The offender’s health or vulnerability, and
Any other matter that’s considered relevant.
The Commissioner then has to consider:
The risk to the community if the offender is released early
The impact on the victim of an early release of the offender
Where the offender has previously been convicted of a domestic violence offence, the protection of the victim of that offence and any person the offender is likely to live with if released
Whether there is suitable accommodation for the offender if released, and
Any other matter the Commissioner considers relevant.
After considering all of those factors, if the Commissioner thinks an offender may be released early, the release would be subject to strict conditions that could including home detention, electronic monitoring or a pre-arranged schedule of movements.
The possibility for early release does not apply for offenders who are serving sentences for particularly offences including murder, terrorism offences and serious sex offences.
Once an offender is released on parole, the Commissioner may impose, vary or revoke the conditions. The Commissioner may, for any reason and at any time, revoke the parole and issue a warrant for the inmate’s arrest.
If you think early parole might be a possibility for your friend or family member, contact us so that we can get the ball rolling.
Changes to Domestic Violence matters before the court
Up until now, where police issue a provisional Apprehended Domestic Violence Order (ADVO), the police had to have the matter listed before a Court within 28 days. That has changed to six months from the date the provisional order is issued.
Changes to procedure in courts
The Criminal Procedure Act 1986 has been amended to allow greater use of technology while we are all social-distancing. Some changes include:
A witness may have their evidence pre-recorded to be played to a jury later down the track when jury trials are up and running again, and
To allow the Court to order a judge only trial without the parties asking for that to happen if the accused person consents, and if the Court considers that it’s in the interests of justice and the accused person has been given legal advice about it.
With all of the changes going on, it’s important to get legal advice early if you or a family member are charged with an offence or a family member is currently in custody.
Kingston Fox Lawyers are open and it’s business as usual for us. Give us a call on 0455 039 660 or 0455 039 707 or drop us an email at info@kingstonfox.com.au to arrange a time to talk about your matter.
