Crimes Act 1914

Part III - Offences relating to the administration of justice

Division 2 - Judges and magistrates

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SECTION 34 JUDGE OR MAGISTRATE ACTING OPPRESSIVELY OR WHEN INTERESTED

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Excessive and unreasonable bail

34(1)
A person commits an offence if:

(a) the person is a judge or magistrate; and

(b) the judge or magistrate is required or authorised by law to admit a person accused of an offence to bail; and

(c) the judge or magistrate requires excessive and unreasonable bail; and

(d) the requirement is an abuse of the judge's or magistrate's office; and

(e) the offence referred to in paragraph (b) is an offence against a law of the Commonwealth.

Penalty: Imprisonment for 2 years.

34(2)

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Subsection (1) does not apply if the judge or magistrate has a reasonable excuse.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

34(3)
Absolute liability applies to the paragraph (1)(e) element of the offence.

Note:

For absolute liability, see section 6.2 of the Criminal Code .

Acting when interested

34(4)
A person commits an offence if:

(a) the person is a judge or magistrate; and

(b) the judge or magistrate perversely exercises jurisdiction in a matter; and

(c) the judge or magistrate has a personal interest in the matter; and

(d) the jurisdiction is federal jurisdiction.

Penalty: Imprisonment for 2 years.

34(5)
Absolute liability applies to the paragraph (4)(d) element of the offence.

Note:

For absolute liability, see section 6.2 of the Criminal Code .

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History

S 34 substituted by No 3 of 2011, s 3 and Sch 2 item 9, effective 3 March 2011. S 34 formerly read:

SECTION 34 JUDGE OR MAGISTRATE ACTING OPPRESSIVELY OR WHEN INTERESTED
34(1)
Any person who:

(a) being a judge or magistrate and being required or authorized by law to admit any person accused of an offence against the law of the Commonwealth to bail, in abuse of his office, requires excessive and unreasonable bail; or

(b) being a judge or magistrate, intentionally and perversely exercises federal jurisdiction in any matter in which he or she has a personal interest;
shall be guilty of an offence.

Penalty: Imprisonment for 2 years.

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History

S 34(1) amended by No 24 of 2001, s 3 and Sch 10 items 37 and 38, by omitting ``without reasonable excuse, and'' after ``to bail'' in para (a) and substituting ``intentionally'' for ``wilfully'' in para (b). For application provisions, see note under s 3BA.

34(2)
Paragraph (1)(a) does not apply if the judge or magistrate has a reasonable excuse.
Note:

A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).

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History

S 34(2) inserted by No 24 of 2001, s 3 and Sch 10 item 39. For application provisions, see note under s 3BA.

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