Criminal Procedure Act 1986 No 209
Historical version for 15 November 2010 to 6 December 2010 (accessed 20 December 2014 at 09:44) Current version
Chapter 1

Chapter 1 Preliminary

1   Name of Act

This Act may be cited as the Criminal Procedure Act 1986.

2   Commencement

(1)  Sections 1 and 2 shall commence on the date of assent to this Act.
(2)  Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.

3   Definitions

(1)  In this Act, except in so far as the context or subject-matter otherwise indicates or requires:

accused person includes, in relation to summary offences, a defendant and, in relation to all offences (where the subject-matter or context allows or requires), an Australian legal practitioner representing an accused person.

apprehended violence order has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007.

authorised officer means:

(a)  a registrar of a court, or
(b)  an employee of the Attorney General’s Department authorised by the Attorney General as an authorised officer for the purposes of this Act.

bail has the same meaning as it has in the Bail Act 1978.

Chief Magistrate means the Chief Magistrate of the Local Court appointed under the Local Court Act 2007.

committal proceedings means a hearing before a Magistrate for the purpose of deciding whether a person charged with an indictable offence should be committed for trial or sentence.

court means:

(a)  the Supreme Court, the Court of Criminal Appeal, the Land and Environment Court, the Industrial Relations Commission, the District Court or the Local Court, or
(b)  any other court that, or person who, exercises criminal jurisdiction,
but, subject to the Children (Criminal Proceedings) Act 1987, does not include the Children’s Court or any other court that, or person who, exercises the functions of the Children’s Court.

Court of Coal Mines Regulation means the Court of Coal Mines Regulation established under the Coal Mines Regulation Act 1982.

exercise a function includes perform a duty.

function includes a power, authority or duty.

indictable offence means an offence (including a common law offence) that may be prosecuted on indictment.

Industrial Magistrate means an Industrial Magistrate appointed under the Industrial Relations Act 1996.

Industrial Relations Commission in Court Session means the Industrial Relations Commission constituted as referred to in section 151 of the Industrial Relations Act 1996.

intervention plan—see section 346.

intervention program—see section 346.

offence means an offence against the laws of the State.

prescribed sexual offence means:

(a)  an offence under section 61B, 61C, 61D, 61E, 61I, 61J, 61JA, 61K, 61L, 61M, 61N, 61O, 63, 65, 65A, 66, 66A, 66B, 66C, 66D, 66EA, 66EB, 66F, 67, 68, 71, 72, 72A, 73, 74, 76, 76A, 78A, 78B, 78H, 78I, 78K, 78L, 78M, 78N, 78O, 78Q, 79, 80, 80A, 80D, 80E, 81, 81A, 81B, 86, 87, 89, 90, 90A, 91, 91A, 91B, 91D, 91E, 91F or 91G of the Crimes Act 1900, or
(b)  an offence that, at the time it was committed, was a prescribed sexual offence for the purposes of this Act or the Crimes Act 1900, or
(c)  an offence that includes the commission of, or an intention to commit, an offence referred to in paragraph (a) or (b), or
(d)  an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraph (a), (b) or (c).

prescribed summary offence has the same meaning as in the Director of Public Prosecutions Act 1986.

prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject-matter or context allows or requires) an Australian legal practitioner representing the prosecutor.

public officer means any of the following persons, if acting in an official capacity:

(a)  an employee in the Public Service or the Police Service,
(b)  an officer or employee of a statutory body representing the Crown,
(c)  an employee of a council within the meaning of the Local Government Act 1993,
(d)  an officer or employee of a livestock health and pest authority within the meaning of the Rural Lands Protection Act 1998,
(e)  the Director of Public Prosecutions, Deputy Director of Public Prosecutions or Solicitor for Public Prosecutions,
(f)  an officer or employee of a body declared by the regulations to be a public body for the purposes of this definition.

regulations means regulations under this Act.

Rule Committee for a court means a person or body having power to make rules for the court.

rules means rules made for the purposes of a court to which the relevant provision applies.

summary offence means an offence that is not an indictable offence.

trial Judge means the Judge before whom trial proceedings, following empanelment of a jury in proceedings on indictment, are heard.

(2)  Notes included in this Act are explanatory notes and do not form part of this Act.
(3)  In the absence of evidence to the contrary, a person specified in paragraphs (a)–(f) of the definition of public officer who purports to exercise a function as a public officer under this Act is presumed to be acting in an official capacity.
(4)  In this Act, a reference to the empanelment of a jury is, in the case of a trial by a Judge alone, taken to be a reference to the point in time when the Judge first assumes the role of the tribunal of fact.

4   Regulations and rules

(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)  The Rule Committee for a court may make rules, not inconsistent with this or any other Act, for or with respect to the following matters:
(a)  any matter that is required or permitted to be prescribed by rules, or that is necessary or convenient to be prescribed by rules, in relation to the practice or procedure to be followed to give effect to this Act,
(b)  any matter incidental to, or relating to, any such practice or procedure.
(3)  The rules are to be made in accordance with the Act under which the court is constituted.

4A   Fees

(1)  The regulations may make provision for or with respect to the following matters:
(a)  the fees payable to a court in relation to the conduct of criminal proceedings in the court, including fees for the following:
(i)  the filing or registration of any document in the court,
(ii)  the sealing or other authentication of any document that has been filed in the court,
(iii)  the issue of any document out of the court,
(b)  the fees payable in relation to the functions exercised by the Sheriff in relation to criminal proceedings,
(c)  the fees payable for administrative services provided by a registrar or other officer of the court, whether in connection with the administration of this Act or otherwise,
(d)  the waiver, postponement and remittal of fees.
(2)  Fees of the kind referred to in subsection (1) (a) or (b) are not payable by the Crown, or by any person acting on behalf of the Crown, with respect to any criminal proceedings prosecuted by:
(a)  the Crown,
(b)  any Minister of the Crown,
(c)  any person or body prescribed by the regulations or belonging to a class of persons or bodies so prescribed.
(3)  Subsection (2) does not prevent the recovery by the Crown or any such person or body of any fees that would, had they been paid by the Crown or any such person or body, have been so recoverable.
(4)  Unpaid fees may be recovered by the person to whom they are payable, as a debt, in any court of competent jurisdiction.
(5)  In this section, criminal proceedings means proceedings for an offence (whether summary or indictable), and includes the following:
(a)  committal proceedings,
(b)  proceedings relating to bail,
(c)  proceedings relating to sentence,
(d)  proceedings on an appeal against conviction or sentence.
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