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CRIMINAL PROCEDURE ACT 2009 (NO. 7 OF 2009)
TABLE OF PROVISIONS
1. Purposes
2. Commencement
3. Definitions
4. References to Parts
PART 2.1--WAYS IN WHICH A CRIMINAL PROCEEDING IS COMMENCED
5. How a criminal proceeding is commenced
PART 2.2--CHARGE-SHEET AND LISTING OF MATTER
6. Commencement of a criminal proceeding in the Magistrates' Court
7. Time limits for filing a charge-sheet
8. Order for amendment of charge-sheet
9. Errors etc. in charge-sheet
10. Listing of matter for mention hearing or filing hearing in the Magistrates' Court
11. Place of hearing
PART 2.3--NOTIFYING ACCUSED OF COURT APPEARANCE
Division 1--Summons or warrant to arrest
12. Court may issue summons or warrant to arrest
13. Summons or warrant to be accompanied by charge-sheet and notice when served
14. Police or public official may issue summons
15. Contents of summons
16. Personal service of summons
17. Summons for summary offence may be served by ordinary service
18. Informant must nominate address etc. for service of documents
19. Extension of return date if summons not served
20. Adjournment of proceeding on application of accused
Division 2--Notice to appear
21. Police or public official may serve notice to appear
22. Notice to appear lapses unless charge-sheet filed within 14 days
23. Notice to be given on lapsing
24. Preliminary brief to be served if charge-sheet filed
25. Non-appearance of accused served with notice to appear
26. Notice to appear does not commence proceeding
PART 3.1--WHEN A SUMMARY HEARING MAY BE HELD
27. Summary offences
28. Indictable offences that may be heard and determined summarily
29. When an indictable offence may be heard and determined summarily
30. Procedure for indictable offences that may be heard and determined summarily
PART 3.2--PROCEDURE BEFORE SUMMARY HEARING
Division 1--General
31. Court may change place of hearing
32. Accused entitled to copy of charge-sheet and particulars
33. Unrepresented accused who requires legal advice
34. Return of property
Division 2--Pre-hearing disclosure of prosecution case
35. When preliminary brief is to be served
36. How preliminary brief must be served
37. Contents of preliminary brief
38. Requirements for informant's statement in preliminary brief
39. When full brief must be served
40. How full brief must be served
41. Contents of full brief
42. Continuing obligation of disclosure
43. Accused may make request for material etc. not provided
44. Informant must comply with request or state grounds of refusal
45. Grounds on which informant may refuse disclosure
46. Accused may apply for order requiring disclosure
47. Rules with respect to statements
48. Disclosure of address or telephone number of witness
49. Informant may place material on database
Division 3--Preliminary disclosure of case of accused
50. Expert evidence
51. Alibi evidence
52. Offence to communicate with alibi witness
Division 4--Mention hearing and contest mention hearing
53. Mention hearing
54. Summary case conference
55. Contest mention hearing
PART 3.3--SUMMARY HEARING
Division 1--Joint or separate hearing of charges
56. Multiple charges on single charge-sheet or multiple accused named on single charge-sheet
57. Joint hearing of charges on separate charge-sheets
58. Order for separate hearing
Division 2--Diversion program
59. Adjournment to undertake diversion program
Division 3--Sentence indication
60. Court may give sentence indication
61. Effect of sentence indication
Division 4--Entering a plea
62. Charge to be read or explained to accused before plea
63. Legal practitioner may enter plea on behalf of accused
64. Refusal to plead
Division 5--Opening addresses
65. Parties may give opening addresses
Division 6--Case for the accused
66. Accused entitled to respond after close of prosecution case
67. Election when accused is legally represented
68. Election when accused is not legally represented
69. Procedure for joint hearings if no case submission made
70. Questioning to determine proper course of proceeding
71. Opening address of accused at beginning of case for the accused
72. Evidential burden on accused for exceptions etc.
Division 7--Closing addresses
73. Prosecutor's closing address
74. Closing address of the accused
75. Supplementary address by prosecutor
Division 8--Determination of charge
76. Option of finding of attempt
Division 9--Criminal record
77. Criminal record
78. Proof of previous convictions by criminal record
Division 10--Non-appearance of party
79. Non-appearance of informant
80. Non-appearance of accused charged with summary offence
81. Non-appearance of accused charged with indictable offence
82. Non-appearance of corporate accused charged with indictable offence
83. Admissibility of evidence in absence of accused where full brief served
84. Admissibility of evidence in absence of accused where preliminary brief served
85. Non-appearance of accused—Infringements Act 2006
86. Proof of criminal record in absence of accused
87. Limitations on sentencing in absence of accused
PART 3.4--REHEARING
88. Right to apply for rehearing
89. Notice of intention to apply for rehearing
90. Service of notice
91. Stay of sentence etc.
92. Court may order rehearing
93. Failure to appear on application
94. Automatic rehearing in certain cases
PART 4.1--PRELIMINARY
95. Definition
96. When a committal proceeding must be held
97. Purposes of a committal proceeding
98. When a committal proceeding commences
99. Time limit for determining certain committal proceedings for a sexual offence
100. Hearings in a committal proceeding and attendance of accused
PART 4.2--FILING HEARING
101. Filing hearing
102. Time limit for filing hearing
PART 4.3--COMPULSORY EXAMINATION
103. Application for order
104. Order for compulsory examination hearing
105. Notice of compulsory examination order to be served
106. Compulsory examination hearing
PART 4.4--PRE-HEARING DISCLOSURE OF PROSECUTION CASE
107. Informant must serve hand-up brief
108. How hand-up brief must be served
109. Copy hand-up brief to be filed and forwarded to DPP
110. Contents of hand-up brief
111. Continuing obligation of disclosure
112. Rules with respect to statements
113. Rules with respect to recordings
114. Disclosure of address or telephone number of witness
115. Inspection of exhibits
116. Informant may serve and file plea brief
117. Contents of plea brief
PART 4.5--CASE DIRECTION
118. Case direction notice
119. Contents of case direction notice
120. Late application for leave to cross-examine witness
121. Adjournment without appearance of parties
122. Compliance with request to copy or inspect items or disclose previous convictions of witness
123. No cross-examination of certain witnesses in sexual offence cases
124. Leave required to cross-examine other witnesses
PART 4.6--COMMITTAL MENTION AND CASE CONFERENCE
125. Committal mention hearing
126. Time for holding committal mention hearing
127. Committal case conference
PART 4.7--COMMITTAL HEARING
128. Committal hearing
129. Attendance of witnesses
130. Giving of evidence by witnesses
131. Disclosure of address or telephone number of witness
132. Cross-examination of witnesses
133. Special rules applicable to sexual offences
134. Failure of witness to attend committal hearing
135. Court may permit accused to be absent from committal hearing
136. Accused who absconds etc. during a committal hearing
137. Accused (natural person) absent at close of prosecution case
138. Procedure on accused's attendance after absence
PART 4.8--EVIDENCE IN COMMITTAL PROCEEDING
139. Admissibility of non-oral evidence
140. Procedure if accused makes admission of relevant fact or matter
PART 4.9--DETERMINATION OF COMMITTAL PROCEEDING
141. Determination of committal proceeding where hand-up brief used
142. Determination of committal proceeding where plea brief used
143. Determination of committal proceeding where accused elects to stand trial
144. Procedure before and on committing accused for trial
PART 4.10--PROCEDURE AFTER COMMITTAL
145. Transfer of summary offences that are related offences on or after committal
146. Documents to be forwarded to DPP
147. Accused entitled to copies of depositions and exhibits
148. Absent corporate accused to be notified of committal
PART 4.11--TAKING EVIDENCE AFTER ACCUSED COMMITTED FOR TRIAL
149. Application for order that evidence be taken after committal
150. Determination of application
151. Attendance of witness
152. Taking of evidence after committal
PART 4.12--GENERAL
153. Special mention hearing
154. Non-appearance of corporate accused
155. Nature of committal proceeding
156. Nothing in Chapter affects certain powers of DPP
157. DPP may give directions for release of property tendered in evidence
PART 5.1--INTRODUCTION
158. Application of Chapter
PART 5.2--INDICTMENT AND PLACE OF TRIAL
159. DPP or Crown Prosecutor may file an indictment
160. Choice of Supreme Court or County Court for filing an indictment
161. Direct indictment commences criminal proceeding
162. Filing of any other indictment does not commence criminal proceeding
163. Time limits for filing certain indictments
164. Filing of fresh indictment
165. Order for amendment of indictment
166. Errors etc. in indictment
167. Supreme Court may order that accused be tried in County Court or Supreme Court
168. Court may transfer certain charges to Magistrates' Court
169. Place of hearing of criminal trial
170. Multiple charges or multiple accused on single indictment
PART 5.3--NOTIFYING ACCUSED OF INDICTMENT
171. Copy indictment to be served
172. DPP may nominate address etc. for service of documents
173. Extra notice for corporate accused
174. Compelling attendance when direct indictment filed
175. Service of summons
176. Warrant to be accompanied by indictment and notice
PART 5.4--DISCONTINUING A PROSECUTION
177. DPP may discontinue a prosecution without adjudication
178. Release from custody on discontinuance of prosecution
PART 5.5--PRE-TRIAL PROCEDURE
Division 1--Directions hearings
179. Directions hearing
180. Accused may be arraigned at a directions hearing
181. Powers of court at directions hearing
Division 2--Pre-trial disclosure
182. Summary of prosecution opening and notice of pre-trial admissions
183. Response of accused to summary of prosecution opening and notice of pre-trial admissions
184. Intention to depart at trial from document filed and served
185. Continuing obligation of disclosure
186. Disclosure of address or telephone number of witness
187. Previous convictions of witness
188. Prosecution notice of additional evidence
189. Expert evidence
190. Alibi evidence
191. Offence to communicate with alibi witness
Division 3--Orders
192. Power to change place of trial
193. Order for separate trial
194. Order for separate trial—sexual offences
195. Order for separate trial—conspiracy
196. Other powers of court not affected
197. Order for legal representation for accused
198. Order for taking evidence from a witness before trial
Division 4--Procedure for pre-trial orders and other decisions
199. Court may make orders and other decisions before trial
200. Disclosure of pre-trial issues
201. Court may decide pre-trial issue without a hearing
202. Hearing of application for exclusion of evidence
203. Judge at pre-trial hearing need not be trial judge
204. Pre-trial orders and other decisions generally binding on trial judge
205. Pre-trial orders and other decisions may be applied in new trial
206. Procedure if prosecution proposes not to lead evidence
PART 5.6--SENTENCE INDICATION
207. Court may give sentence indication
208. Application for sentence indication
209. Effect of sentence indication
PART 5.7--TRIAL
210. When trial commences
211. Time limit for commencing trial for offences other than sexual offences
212. Time limits for commencing trials for sexual offences
213. Powers of trial judge not affected
214. Non-appearance of corporate accused at trial
Division 2--Arraignment
215. Arraignment
216. Written pleas of guilty may be accepted
217. Arraignment in presence of jury panel
218. Special pleas in addition to plea of not guilty
219. Plea of guilty to alternative offence
220. Form of plea of previous conviction or previous acquittal
221. Refusal to plead
Division 3--Assisting the jury
222. Judge may address jury
223. Jury documents
Division 4--Opening addresses
224. Opening address by prosecutor
225. Response of accused to prosecution opening
Division 5--Case for the accused
226. Accused entitled to respond after close of prosecution case
227. Election when accused is legally represented
228. Election when accused is not legally represented
229. Procedure for joint trials if no-case submission made
230. Questioning to determine proper course of proceeding
231. Opening address of accused
Division 6--Giving of evidence
232. Manner of giving evidence
233. Introduction of evidence not previously disclosed
Division 7--Closing addresses and judge's directions to the jury
234. Prosecution closing address
235. Closing address of the accused
236. Supplementary prosecution address
237. Comment on departure or failure
238. Judge's directions to the jury
Division 8--Alternative verdicts and discharge of jury from delivering verdict
239. Alternative verdicts on charges other than treason or murder
240. Judge may order that guilt in respect of alternative offences is not to be determined
241. When judge may enter finding of guilty or not guilty
PART 5.8--GENERAL
Division 1--Hearing of charges for related and unrelated summary offences
242. Summary offence related to indictable offence
243. Unrelated summary offence
244. Criminal record
245. Proof of previous convictions by criminal record
Division 3--Powers and obligations
246. Attendance of accused at hearings
247. Power to extend or abridge time
248. Parties must inform Juries Commissioner of certain events
249. Counsel required to retain brief for trial
250. Complaints about legal practitioners
251. Judge at earlier trial not prevented from presiding at later trial
252. Offence for corporate accused to fail to appear
253. Abolition of grand jury procedure
PART 6.1--APPEAL FROM MAGISTRATES' COURT TO COUNTY COURT
Division 1--Appeal by offender
254. Right of appeal
255. How appeal is commenced
256. Determination of appeal
Division 2--Appeal by DPP against sentence
257. DPP's right of appeal against sentence
258. How appeal is commenced
259. Determination of DPP's appeal
Division 3--Appeal by DPP--Failure to fulfil undertaking
260. DPP's right of appeal—failure to fulfil undertaking
261. How appeal is commenced
262. Determination of DPP's appeal—failure to fulfil undertaking
Division 4--Procedure
263. Late notice of appeal deemed to be application for leave to appeal
264. Stay of order
265. Bail pending appeal
266. Abandonment of appeal
267. Appellant's failure to appear
268. Respondent's failure to appear on appeal by DPP
269. One notice of appeal for 2 or more sentences
270. Appeal against aggregate sentence
271. Appeal to County Court authorised by other Acts
PART 6.2--APPEAL FROM MAGISTRATES' COURT TO SUPREME COURT ON A QUESTION OF LAW
272. Appeal to Supreme Court on a question of law
273. Appeal on question of law precludes appeal to County Court
PART 6.3--APPEAL AND CASE STATED FROM COUNTY COURT OR TRIAL DIVISION OF SUPREME COURT TO COURT OF APPEAL
Division 1--Appeal against conviction
274. Right of appeal against conviction
275. How appeal is commenced
276. Determination of appeal against conviction
277. Orders etc. on successful appeal
Division 2--Appeal by offender against sentence
278. Right of appeal against sentence imposed by originating court
279. How appeal is commenced
280. Determination of application for leave to appeal
281. Determination of appeal
282. Orders etc. on successful appeal
283. Right of appeal against sentence of imprisonment imposed by County Court on appeal from Magistrates' Court
284. How appeal is commenced
285. Determination of appeal
286. Orders etc. on successful appeal
Division 3--Crown appeal against sentence
287. Right of appeal—inadequate sentence
288. How appeal is commenced
289. Determination of Crown appeal
290. Orders etc. on successful appeal
291. Right of appeal—failure to fulfil undertaking
292. How appeal is commenced
293. Determination of Crown appeal—failure to fulfil undertaking
294. Powers of Court of Appeal on successful appeal
Division 4--Interlocutory appeal
295. Right of appeal against interlocutory decision
296. Review of refusal to certify
297. When leave to appeal may be given
298. How interlocutory appeal is commenced
299. Adjournment of trial if leave to appeal given
300. Determination of appeal
301. Determination of interlocutory appeal to be entered on record
Division 5--Case stated for Court of Appeal
302. Reservation of question of law
303. Adjournment if question of law reserved
304. Refusal to reserve question of law
305. Case to be stated if question of law reserved
306. General powers of Court of Appeal on case stated
307. Judgment to be entered on record
308. DPP may refer point of law to Court of Appeal
Division 6--Status of sentences and orders during appeal period
309. Sentence not stayed during appeal period
310. Bail pending appeal
311. Stay of certain orders during appeal period
312. Execution of order for forfeiture or destruction of property
Division 7--Powers and procedure
313. Extension of time for filing or serving notice of appeal or notice of application for leave to appeal
314. Abandonment of appeal
315. Powers which may be exercised by a single Judge of Appeal
316. Trial judge may be required to provide report on appeal
317. Production of documents, exhibits or other things
318. Order for examination of compellable witness
319. Evidence of competent but not compellable witness
320. Reference of question to special commissioner
321. New evidence—effect on sentence
322. Sentence in absence of offender
323. Bail following appeal
324. Warrants
325. Ancillary orders of originating court
326. Expenses of assessors and special commissioners
327. Reference by Attorney-General
PART 8.1--CONDUCT OF PROCEEDING
328. Appearance
329. When accused etc. is required to appear at hearing
330. When accused etc. is required to attend hearing
331. Power to adjourn proceeding
332. Transfer of accused between place of detention and court
333. Power to return accused to youth justice centre
334. Proceedings against bodies corporate
335. Interpreter
336. Subpoenas and witness summonses
337. Court may act on application or on own motion
PART 8.2--SERVICE OF DOCUMENTS
338. General rules as to service
339. Personal service
340. Service on informant or DPP
341. Service on company, registered body, incorporated association or other body corporate
342. Ordinary service
343. Personal service satisfies ordinary service
344. Last known place of residence or business
345. Order for substituted service
346. Who may effect service
347. Proof of service
PART 8.3--COSTS
Division 1--Preliminary
348. Right to be heard
Division 2--Costs in summary proceedings and committal proceedings
349. Costs in Magistrates' Court
350. Notice to appear
351. Convicted accused to pay filing fee
Division 3--Costs in trials on indictment
352. Costs in the Supreme Court and County Court
353. Costs order
Division 4--Costs on appeal
354. Costs on appeal to County Court
355. Costs on abandonment of appeal to County Court
356. Costs on appeal from Magistrates' Court to Supreme Court on a question of law
357. No costs on appeal to Court of Appeal or on new trial
Division 5--Legal practitioners
358. Costs liability of legal practitioner
PART 8.4--MISCELLANEOUS
359. Issue of warrant to arrest
Division 3--of Part IIA of the Evidence Act 1958 permits the appearance of an accused before the court by audio visual link in certain circumstances.
360. Power to amend when there is a defect or error
361. Transfer of charge to court with jurisdiction
362. Court may direct that a person be prosecuted for perjury
363. Disclosure of material by prosecution
364. Court fees not payable by accused
365. Supreme Court—limitation of jurisdiction
366. Rules of court
367. Regulations
PART 9.1--CRIMES (CRIMINAL TRIALS) ACT 1999
368. Repeal
PART 9.2--CRIMES ACT 1958
369. Amendment of the Crimes Act 1958
PART 9.3--CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997
370. New section 14A inserted
371. New section 24AA inserted
372. Consequential amendments
PART 9.4--MAGISTRATES' COURT ACT 1989
373. Joint committals
374. Consequential amendments
PART 9.5--CHILDREN, YOUTH AND FAMILIES ACT 2005
375. Definitions inserted
376. New Part 5.1A inserted in Chapter 5
377. New section 516A inserted
PART 9.6--APPEAL COSTS ACT 1998
378. New sections 15A, 15B and 15C inserted
PART 9.7--SENTENCING ACT 1991
379. Repeal
380. New section 112A inserted
381. Maximum fine for body corporate
PART 9.8--MISCELLANEOUS AMENDMENTS
382. Reclassification of certain offences
383. Option of jury trial removed
384. Repeal of provisions concerning sentence indications in Supreme Court and County Court
385. Repeal of Chapter
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
ENDNOTES
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