Local Court Bench Book December 2024 update

Update 156 amends the Bench Book to update and revise various chapters and incorporate recent cases and legislative developments. The following chapters have been revised:

Commonwealth offences

• revised to incorporate the increased penalty unit value of $330 from 7 November 2024 in [18-060], [18-100], [18-160], [18-200], [18-220], [18-300], [18-320], [18-340] and [18-380].

Bail

• [20-300] Test to be applied updated to include, in relation to a show cause “serious domestic violence offence”, a link to Lawcodes list of Pt 3 Crimes Act offences with a maximum penalty of 14 years imprisonment or more.

Children’s Court

• [38-040] Bail updated to include reference to RB v R (No 2) [2024] NSWSC 845 and observations made regarding the expression “high degree of confidence” in s 22C(1) and a note clarifying the adjournment period in relation to an accommodation requirement
• [38-080] Sentencing orders and principles — Youth Koori Court details updated. Table of Children’s Court penalties updated to incorporate Justice Legislation Amendment (Children) Act 2024 amendments to s 41 of the Children (Criminal Proceedings) Act 1987 and ss 21A, 22 of the Children (Community Service Orders) Act 1987
• [38-300] Breaches of orders updated to incorporate Justice Legislation Amendment (Children) Act 2024 amendments
• [38-320] Youth Offenders Act 1997 updated to incorporate Justice Legislation Amendment (Children) Act 2024 amendments.

Local Court Practice Notes

• [74-950] Practice Note — Bail proceedings (centralised bail courts), commencing on 26 October 2024, added.

The Index, Table of Cases and Table of Statutes have been updated to Update 156.