In 1979, the Summary Offences
Act 1970 (NSW) was repealed as part of a new Labor government commitment to updating New South Wales public order laws, and removing public behaviour that did insufficient harm to warrant criminalisation from the reach of the criminal law and the police.
Although it is clear enough that section 133 should be read as incorporating the procedures governing the prosecution of summary offences
in the Code, it strains the provision to construe it as incorporating the substantive law of sentencing, criminal defences, and police investigatory powers.
, including minor motoring offences, can be heard only at magistrates court, indictable offences, including rape and murder can be tried only at crown court and "either way" offences, including theft, can be heard at either.
All sorts of crime flourished with summary offences
ranging from 12 months breaking rocks to the rope for murder.
12) The number of TEW cases as well as the summary offences
rose last year by 1.
The law does not allow police to use force to stop people from committing summary offences
For less serious summary offences
the DNA profile is accessible for a three year period.
11) Our determination to making a contribution to filling this void forms part of a wider research agenda that investigates the operation of 'low-level' regulatory powers that are deployed to manage the propriety of behaviour in public spaces: see Julia Quilter and Luke McNamara, 'Time to Define "the Cornerstone of Public Order Legislation": The Elements of Offensive Conduct and Language under the Summary Offences
Act 1988 (NSW)' (2013) 36 University of New South Wales Law Journal 534; Luke McNamara and Julia Quilter, 'Public Intoxication in NSW: The Contours of Criminalisation' (2015) 37 Sydney Law Review 1.
This rule applies to summary offences
including common assault.
The Summary Offences
Amendment (Move-On Laws) Bill 2015 will deliver on the Labor Government s election commitment to restore the balance between the right of citizens to protest peacefully and the right of police to act against unlawful blockades.
Research by Barnardo's showed many of these children were not violent or dangerous and sometimes are guilty of the least serious summary offences
The charity, which helps vulnerable children, states that many of those imprisoned were not violent or dangerous, while some were taken into custody for offences for the least serious summary offences
which rarely result in imprisonment for adults.