Criminal Procedure Act 2011

Miscellaneous and transitional provisions - Transitional and savings provisions - Transitional provisions regarding public access and restrictions on reporting

391: Application of amendments made by section 393

You could also call this:

"New rules apply to old crime cases, even if they started before the rules began."

Illustration for Criminal Procedure Act 2011

When a case about a crime started before some new rules came into force, the new rules made by section 393 still apply. The new rules apply according to what sections 397 and 399 to 401 say. You need to consider these sections as if they started on the date the new rules began.

Sections 397 and 399 to 401 are used for this purpose in a slightly different way. They are used as if the start date mentioned in them was the date the new rules started. These sections are also used with any other necessary changes to make them work.

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390: Transitional provision regarding terminology in relation to public access and restrictions on reporting, or

"Temporary changes to court rules about public access and reporting"


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392: Transitional provision regarding appeals by members of media, or

"Rules for media appeals in court cases that started during law changes"

Part 8Miscellaneous and transitional provisions
Transitional and savings provisions: Transitional provisions regarding public access and restrictions on reporting

391Application of amendments made by section 393

  1. The amendments made by section 393 apply in relation to a proceeding for an offence that was commenced before section 393 came into force in accordance with the provisions of sections 397 and 399 to 401.

  2. Sections 397 and 399 to 401 apply for the purpose of this section—

  3. as if the commencement date referred to in those sections were the date on which this section comes into force; and
    1. with any other necessary modifications.