Criminal Procedure Act 1986 No 209
Historical version for 6 January 2012 to 20 March 2012 (accessed 29 November 2014 at 14:30) Current version
Chapter 3

Chapter 3 Indictable procedure

Part 1 Preliminary

45   Application of Chapter and definitions

(1)  This Chapter applies to or in respect of proceedings for indictable offences (other than indictable offences being dealt with summarily).
(2)  In this Chapter:

Judge includes a Magistrate.

Magistrate includes a Children’s Court Magistrate and any other person of a class prescribed for the purposes of this definition.

registrar means, for the purposes of Part 2:

(a)  in the case of committal proceedings before a Local Court Magistrate, a registrar of the Local Court, or
(b)  in the case of committal proceedings before a Children’s Court Magistrate, the Children’s Registrar appointed under the Children’s Court Act 1987.

46   Jurisdiction of courts

(1)  The Supreme Court has jurisdiction in respect of all indictable offences.
(2)  The District Court has jurisdiction in respect of all indictable offences, other than such offences as may be prescribed by the regulations for the purposes of this section.

Part 2 Committal proceedings

Division 1 Commencement of proceedings

47   Commencement of committal proceedings by court attendance notice

(1)  Committal proceedings for an offence are to be commenced by the issue and filing of a court attendance notice in accordance with this Division.
(2)  A court attendance notice may be issued in respect of a person if the person has committed or is suspected of having committed an offence.
(3)  A court attendance notice may be issued in respect of any offence for which proceedings may be taken in this State, including an offence committed elsewhere than in this State.
(4)  Nothing in this Part affects any law or practice relating to indictments presented or filed in the Supreme Court or the District Court by the Attorney General or the Director of Public Prosecutions.
(5)  If an Act or a statutory rule provides for committal proceedings to be commenced otherwise than by issuing and filing a court attendance notice, the proceedings may be commenced in accordance with this Act.

48   Commencement of proceedings by police officer or public officer

If a police officer or public officer is authorised under section 14 of this Act or under any other law to commence committal proceedings, the officer may commence committal proceedings for an offence against a person by issuing a court attendance notice and filing the notice in accordance with this Division.

49   Commencement of private prosecutions

(1)  If a person other than a police officer or public officer is authorised under section 14 of this Act or under any other law to commence committal proceedings against a person for an offence, the person may commence the proceedings by issuing a court attendance notice, signed by a registrar, and filing the notice in accordance with this Division.
(2)  A registrar must not sign a court attendance notice if:
(a)  the registrar is of the opinion that the notice does not disclose grounds for the proceedings, or
(b)  the registrar is of the opinion that the notice is not in the form required by or under this Act, or
(c)  the registrar is of the opinion that a ground for refusal set out in the rules applies to the notice.
(3)  If a registrar refuses to sign a court attendance notice proposed to be issued by any such person, the question of whether the court attendance notice is to be signed and issued is to be determined by a Magistrate on application by the person.

50   Form of court attendance notice

(1)  A court attendance notice must be in writing and be in the form prescribed by the rules.
(2)  The rules may prescribe one or more forms of court attendance notice.
(3)  A court attendance notice must do the following:
(a)  describe the offence,
(b)  briefly state the particulars of the alleged offence,
(c)  contain the name of the prosecutor,
(d)  require the accused person to appear before the Magistrate at a specified date, time and place, unless a warrant is issued for the arrest of the person or the person is refused bail,
(e)  state, unless a warrant is issued for the arrest of the person or the person is refused bail, that failure to appear may result in the arrest of the person or in the matter being dealt with in the absence of the person.
(4)  The rules may prescribe additional matters to be included in court attendance notices.
(5)  A court attendance notice may describe an offence, act or other thing in any way that is sufficient under this Act for the purposes of an indictment or an averment in an indictment.

51   (Repealed)

52   Service of court attendance notices

(1)  A court attendance notice issued by a police officer must be served by a police officer or prosecutor in accordance with the rules.
(2)  A court attendance notice issued by a public officer must be served by a police officer, public officer or other person prescribed by the rules, in accordance with the rules.
(3)  A court attendance notice issued by a person other than a police officer or public officer must be served by a person prescribed by the rules in accordance with the rules.
(4)  A copy of a court attendance notice must be filed in the registry of a court in accordance with the rules.
(5)  (Repealed)

53   When proceedings commence

(1)  All proceedings are taken to have commenced on the date on which a court attendance notice is filed in the registry of a relevant court in accordance with this Division.
(2)  (Repealed)
(3)  Nothing in this section affects any other Act or law under which proceedings are taken to have commenced on another date.

54   Attendance of accused person at proceedings

(1)  A person who issues a court attendance notice may, at any time after the notice is issued and before the date on which the accused person is required to first attend before a Magistrate for the hearing of committal proceedings, apply for a warrant to arrest the accused person.
(2)  An authorised officer may, when a court attendance notice is issued by the registrar, or filed in the court, or at any time after then and before the matter is first before a Magistrate, issue a warrant to arrest the accused person if the authorised officer is satisfied there are substantial reasons to do so and that it is in the interests of justice to do so.
(3)  The rules may make provision for or with respect to matters that may be taken into account by an authorised officer in determining whether to issue a warrant under this section.
(3A)  If an accused person is not present at the day, time and place set down for the hearing of committal proceedings (including any day to which proceedings are adjourned), or absconds from the committal proceedings, the Magistrate may issue a warrant to arrest the accused person if the Magistrate is satisfied there are substantial reasons to do so and that it is in the interests of justice to do so.
(4)  A Magistrate or authorised officer before whom an accused person is brought on arrest on a warrant issued under this section may, if bail is not dispensed with or granted, issue a warrant:
(a)  committing the accused person to a correctional centre or other place of security, and
(b)  ordering the accused person to be brought before a Magistrate at the date, time and place specified in the order.
(5)  The Magistrate or authorised officer must give notice of the date, time and place to the prosecutor.

Division 2 Committal proceedings generally

55   Magistrate to conduct proceedings

Committal proceedings are to be conducted and determined by a Magistrate.

56   Committal proceedings to be heard in open court

(1)  Committal proceedings are to be heard as if in open court.
(2)  This section is subject to any other Act or law.
(3)  For the purpose only of facilitating the use of an electronic case management system established under the Electronic Transactions Act 2000 in committal proceedings, the hearing of a matter may be conducted in the absence of the public, with the consent of the parties to the proceedings concerned, if the matter:
(a)  arises after the first appearance of the accused person in committal proceedings, and
(b)  is of a procedural nature, and
(c)  does not require the resolution of a disputed issue, and
(d)  does not involve a person giving oral evidence.

57   Part does not affect nature of committal proceedings

Nothing in this Part alters the nature of a committal proceeding from that existing immediately before the commencement of this section.

58   Place of hearing

(1)  A Magistrate may transfer committal proceedings to another Magistrate in another place, if satisfied that:
(a)  the principal witnesses to prove the offence live in another place where the offence is alleged to have been committed, or
(b)  for any other reason, it is in the interests of justice to do so.
(2)  The Magistrate may, subject to the Bail Act 1978, make orders necessary to enable the accused person to be brought before the other Magistrate and to be dealt with according to law.

59   Application of other procedural provisions to committal proceedings

The following provisions of this Act apply, subject to any necessary modifications, to committal proceedings conducted by a Magistrate in the same way as they apply to proceedings for offences before the Local Court:
(a)  sections 30, 31, 36, 37, 38, 39, 40, 41 and 44,
(b)  Part 3 (Attendance of witnesses and production of evidence in lower courts) of Chapter 4,
(c)  Part 4 (Warrants) of Chapter 4.

60   Time for taking prosecution evidence

(1)  On the first return date for a court attendance notice in any committal proceedings, or at such later time or times as the Magistrate determines, the Magistrate must set:
(a)  the date, time and place for taking the prosecution evidence and the time within which written statements, and copies of any proposed exhibits identified in the statements (or a notice relating to inspection of them), must be served on the accused person, and
(b)  the time within which the accused person must serve on the prosecutor any notice requesting the attendance of a person who made a written statement.
Note. Prosecution evidence is to be given by written statements (see Division 3).
(2)  The registrar must notify the accused person of the date, time and place, and any other time set by the Magistrate, if the accused person is not present.
(3)  A registrar may exercise the Magistrate’s functions under this section.

61   Discharge of accused person if prosecutor not present for taking of evidence

(1)  If the prosecutor fails to appear on the day and at the time and place set for taking prosecution evidence in any committal proceedings, the Magistrate must:
(a)  discharge the accused person as to the offence the subject of the proceedings, or
(b)  if the Magistrate thinks it appropriate, adjourn the hearing to a specified time and place.
(2)  The adjournment must not exceed 8 days or such longer period as the accused person may consent to.
(3)  Subsection (2) does not apply if the accused person is refused bail (as referred to in section 25 of the Bail Act 1978).
Note. Section 25 of the Bail Act 1978 specifies the maximum period for adjournments if bail has been refused.

62   Prosecution evidence and initial determination

(1)  The Magistrate must take the prosecution evidence in accordance with Division 3 and must determine whether the prosecution evidence is capable of satisfying a jury, properly instructed, beyond reasonable doubt that the accused person has committed an indictable offence.
(2)  The Magistrate must discharge the accused person in relation to the offence if, in any committal proceedings, after all the prosecution evidence is taken and after considering all the evidence before the Magistrate, the Magistrate is not of the opinion that, having regard to all the evidence before the Magistrate, the evidence is capable of satisfying a reasonable jury, properly instructed, beyond reasonable doubt that the accused person has committed an indictable offence.

63   Where prosecution evidence sufficient to satisfy jury

(1)  If in any committal proceedings, after all the prosecution evidence is taken and after considering all the evidence before the Magistrate, the Magistrate is of the opinion that, having regard to all the evidence before the Magistrate, the evidence is capable of satisfying a reasonable jury, properly instructed, beyond reasonable doubt that the accused person has committed an indictable offence, the Magistrate must give the accused person an opportunity to answer the charge and a warning in the form prescribed by the rules.
(2)  The Magistrate must proceed to take any statement by or any evidence adduced by the accused person in accordance with Division 4.
(3)  If the accused person is not present, the Magistrate may make a decision under section 64 without complying with subsection (2).
(4)  If the accused person is a corporation and the corporation appears by a representative, the representative may answer the charge on behalf of the corporation.

64   Decision about committal

When all the prosecution evidence and any defence evidence have been taken in committal proceedings, the Magistrate must consider all the evidence and determine whether or not in his or her opinion, having regard to all the evidence before the Magistrate, there is a reasonable prospect that a reasonable jury, properly instructed, would convict the accused person of an indictable offence.

65   Committal

(1)  If the Magistrate is of the opinion that there is a reasonable prospect that a reasonable jury, properly instructed, would convict the accused person of an indictable offence, the Magistrate must commit the accused person for trial.
(2)  In the case of an accused person that is a corporation, the Magistrate may, if of that opinion, make an order authorising an indictment to be filed for the offence named in the order or for such other offence as the Attorney General or Director of Public Prosecutions considers proper.
(3)  The making of an order under subsection (2) is taken to be committal for trial.

66   Discharge

If the Magistrate is not of the opinion that there is a reasonable prospect that a reasonable jury, properly instructed, would convict the accused person of an indictable offence, the Magistrate must immediately order the accused person to be discharged in relation to the offence.

67   Committal may be set aside by Magistrate

(1)  An accused person who was not present and, if not present, was not represented when committed for trial may apply to a Magistrate to have an order for the accused person’s committal for trial set aside.
(2)  The application must be made before the presentation or filing of an indictment against the accused person.
(3)  The Magistrate may set aside the order for committal for trial and any associated warrant to commit the accused person if the Magistrate is satisfied that good and proper reason is shown for the absence of the accused person or a representative of the accused person and that it is in the interests of justice to do so.

68   Accused person may waive committal hearing

Despite any other provision of this Part, the Magistrate may, at any time, on the application of the accused person, and with the consent of the prosecutor, commit the accused person for trial.

69   Magistrate may end witnesses’ evidence

The Magistrate may end the examination or cross-examination on any particular matter of any witness giving evidence for the prosecution or the defence in any committal proceedings if he or she is satisfied that further examination or cross-examination on the matter will not help the Magistrate to make the initial determination under section 62 or a decision under section 64.

70   Certain evidence may not be excluded

A Magistrate in committal proceedings may not exclude evidence on any of the grounds set out in section 90 (Discretion to exclude admissions) or Part 3.11 (Discretions to exclude evidence) of the Evidence Act 1995.

Division 3 Prosecution evidence

71   Evidence to be taken in presence of accused person

The accused person must be present when prosecution evidence is taken, unless this Division or any other Act or law permits the evidence to be taken in the accused person’s absence.

72   Magistrate may excuse accused person from attending

(1)  The Magistrate may excuse the accused person from attending during the taking of prosecution evidence if satisfied that the accused person will be represented by an Australian legal practitioner while the evidence is taken or if satisfied that the evidence is not applicable to the accused person.
(2)  A period during which the accused person is so excused is taken to be an adjournment for the purposes of dealing with the accused person.

73   Other circumstances in which evidence may be taken in absence of accused person

Evidence may commence or continue to be taken in the absence of an accused person who has not been excused from attending if:
(a)  no good and proper reason is shown for the absence of the accused person, and
(b)  a copy of the relevant written statements, and copies of any proposed exhibits identified in the statements (or a notice relating to inspection of them) have been served on the accused person in accordance with this Act and the accused person has been informed of the time set by the Magistrate for taking prosecution evidence.

74   Prosecution evidence to be in written form

(1)  Evidence for the prosecution must be given by written statements that are admissible as evidence.
(2)  A written statement is not admissible as evidence unless this Division, and any applicable rules or regulations, are complied with in relation to the statement and any associated exhibits or documents.
(3)  A written statement that is inadmissible as evidence under this section may nevertheless be admitted as evidence if otherwise admissible in accordance with any rule or law of evidence.

75   Written statements to be served on accused person

(1)  The prosecutor must serve or cause to be served on the accused person a copy of the written statements relating to the offence, and copies of any proposed exhibits identified in the statement (or a notice relating to inspection of them), within the time set by the Magistrate under section 60.
(2)  The last date for service set by the Magistrate under that section must be at least 28 days before the date set by the Magistrate for taking the prosecution evidence in the committal proceedings.
(3)  The Magistrate may set a later date for service with the consent of the accused person or if of the opinion that the circumstances of the case require it.
(4)  A written statement served under this Division must contain a notice explaining the effect of this Division and the accused person’s rights in relation to this Division and prosecution evidence under this Division. The notice must be in the form of words prescribed by the rules.
(5)  Despite subsection (1), the prosecutor is not required to include a copy of a proposed exhibit identified in the brief of evidence if it is impossible or impractical to copy the exhibit.
(6)  However, in that case the prosecutor is:
(a)  to serve on the accused person a notice specifying a reasonable time and place at which the proposed exhibit may be inspected, and
(b)  to allow the accused person a reasonable opportunity to inspect each proposed exhibit referred to in the notice.

76   Recordings of interviews with vulnerable persons

(1)  A written statement may be in the form of a transcript of a recording made by an investigating official of an interview with a vulnerable person, during which the vulnerable person was questioned by the investigating official in connection with the investigation of the commission or possible commission of the offence (as referred to in section 306R), but only if this section is complied with.
(2)  The copy of the transcript of the recording must be certified by an investigating official as an accurate transcript of the recording and served on the accused person in accordance with section 75.
(3)  The accused person must be given, in accordance with the regulations under section 306V (2), a reasonable opportunity to listen to and, in the case of a video recording, to view, the recording.
(4)  However, if the requirements of the regulations under section 306V (2) have not been complied with, the recording may be admitted if the court is satisfied that:
(a)  the parties consent to the recording being admitted, or
(b)  the accused person and his or her Australian legal practitioner (if any) have been given a reasonable opportunity otherwise than in accordance with such regulations to listen to or view the recording and it would be in the interests of justice to admit the recording.
(5)  Nothing in this Division requires the prosecutor to serve on the accused person a copy of the actual recording made by an investigating official of an interview with the vulnerable person (other than a transcript of the record).
(6)  This section does not affect section 306V (2).
(7)  Section 79 (3) does not apply to or in relation to a written statement certified under this section.
(8)  In this section:

investigating official has the same meaning as it has in Part 6 of Chapter 6.

vulnerable person has the same meaning as it has in Part 6 of Chapter 6.

Note. Part 6 of Chapter 6 allows vulnerable persons (children and cognitively impaired persons) to give evidence of a previous representation in the form of a recording made by an investigating official of an interview with the vulnerable person. Section 306V (2) (which is contained in that Part) provides that such evidence is not to be admitted unless the accused person and his or her Australian legal practitioner have been given a reasonable opportunity to listen to or view the recording.

77   When prosecution evidence may be given in other ways

(1)  A prosecutor may apply to have a Magistrate admit prosecution evidence that is not in the form of a written statement admissible in evidence under this Division.
(2)  The Magistrate may admit the evidence if satisfied that:
(a)  the written statement was prepared but a copy could not reasonably be served on the accused person, or
(b)  any other requirement could not reasonably be complied with, or
(c)  the evidence is additional evidence of a person whose written statement has already been admitted in evidence and a further written statement is not appropriate.
(3)  If the Magistrate decides not to admit the evidence, the Magistrate may adjourn the committal proceedings to enable the appropriate written statement to be prepared and served on the accused person, or may proceed without taking the evidence.
(4)  Evidence for the prosecution may be given orally if the prosecutor obtains a subpoena to require a witness to attend to give evidence or to produce documents or things and to give evidence.
(5)  A prosecutor may, subject to this Division, give evidence and may examine and cross-examine the witnesses giving evidence for the prosecutor or for the accused person, respectively.

78   Evidentiary effect of written statements

(1)  A written statement by any person is, if tendered by the prosecutor, admissible in committal proceedings as evidence to the same extent as if it were oral evidence to the like effect given in those proceedings by the same person.
(2)  Any document or other thing identified in any written statement admitted as evidence under this Division is, if the document or other thing is produced as an exhibit in the committal proceedings, to be treated as if it had been identified before the Magistrate by the person who made the statement.
(3)  This section does not operate to make a written statement admissible if it is not admissible because of another provision of this Division.

79   Form and requirements for written statements

(1)  A written statement may be in the form of questions and answers.
(2)  A written statement must specify the age of the person who made the statement.
(3)  A written statement must be endorsed in accordance with the rules by the maker of the statement as to the truth of the statement and any other matter required by the rules.
(4)  A written statement or such an endorsement on a statement must be written in a language of which the person who made the statement has a reasonable understanding.
(5)  If the written statement, or part of it, is in a language other than English, a document purporting to contain an English translation of the statement or part must be annexed to the statement.

80   Rules relating to written statements

(1)  The rules may prescribe requirements for written statements.
(2)  Any such requirements may be of the same or a different kind to the requirements contained in this Division.
(3)  The rules may provide that a requirement prescribed under subsection (2) may not be dispensed with by a Magistrate.

81   Written statement must be signed by its maker or another person on the maker’s behalf

(1)  A written statement must be signed by the person who made the statement.
(2)  If the person is unable to sign the written statement, the statement may be signed by another person with the consent of and in the presence of the person who made the statement.
(3)  The other person must sign an endorsement on the statement to the effect that the person signed the statement on behalf of, with the consent of and in the presence of the person who made the statement.

82   Written statement must be signed by witness

A written statement must be signed by another person as a witness to the signing of the statement by the person who made it or as a witness to the signing by another person on the maker’s behalf (if applicable).

83   Presumptions about written statements

(1)  In any proceedings it is presumed, if there is no evidence to the contrary, that the age specified in the written statement is in fact the age of the person who made the statement at the time the statement was made.
(2)  In any proceedings it is presumed, if there is no evidence to the contrary, that the language in which a statement or an endorsement is written is a language of which the person who made the statement or endorsement has a reasonable understanding.
(3)  In any proceedings it is presumed, if there is no evidence to the contrary, that the English translation of the statement or part statement is an accurate translation of the statement or part.

84   Presumptions about signatures

(1)  In any proceedings it is presumed, if there is no evidence to the contrary, that a signature on a written statement purporting or appearing to be the signature of the person who made it, or a person who signed on behalf of the maker, or a witness to the signing of the statement, is the signature of the person concerned.
(2)  In any proceedings it is presumed, if there is no evidence to the contrary, that a statement purporting or appearing to be signed by another person on behalf of the person who made the statement in accordance with this Division has been so signed.

85   False statements

(1)  A person who made a written statement tendered in evidence in proceedings is guilty of an offence if the statement contains any matter:
(a)  that, at the time the statement was made, the person knew to be false, or did not believe to be true, in any material respect, and
(b)  that was inserted or caused to be inserted by the person in the statement.

Maximum penalty:

(a)  If the offence is dealt with summarily, 20 penalty units or imprisonment for 12 months, or both.
(b)  If the offence is dealt with on indictment, 50 penalty units or imprisonment for 5 years, or both.

(2)  Chapter 5 of this Act (which relates to the summary disposal of certain indictable offences unless an election is made to proceed on indictment) applies to and in respect of an offence under this section.

86   Evidence not to be admitted

(1)  The Magistrate must refuse to admit evidence sought to be adduced by the prosecutor in respect of an offence in committal proceedings if, in relation to that evidence, this Division or any rules made under this Division, have not been complied with by the prosecutor.
(2)  Despite subsection (1), the Magistrate may admit the evidence sought to be adduced if the Magistrate is satisfied that:
(a)  the non-compliance with this Division or the rules is trivial in nature, or
(b)  there are other good reasons to excuse the non-compliance, and admit the evidence, in the circumstances of the case.

87   Inadmissible written statements or parts of statements to be rejected

(1)  The Magistrate must reject a written statement, or any part of a written statement, tendered in committal proceedings if the statement or part is inadmissible because of this Division.
(2)  The Magistrate must record the rejection of a part of a written statement and identify in the record the part rejected.
(3)  The rules may prescribe the manner of identifying a part of a written statement that has been rejected.

88   Death of person who made statement

(1)  A written statement is not admissible if, on evidence produced during committal proceedings, the Magistrate is satisfied that the person who made the statement is dead.
(2)  If it is found after a written statement is admitted in evidence in committal proceedings that the person who made the statement died before the statement was admitted, the statement is taken not to have been admitted in evidence.
(3)  This section does not apply to a deposition that is admissible under section 284.

89   Notice of rights to unrepresented accused person

(1)  In any committal proceedings in which an accused person is not represented by an Australian legal practitioner, a written statement is not admissible unless the Magistrate:
(a)  has explained to the accused person the effect of this Division and the accused person’s rights in relation to this Division, and
(b)  is satisfied that the accused person understands his or her rights under this Division.
(2)  The explanation by the Magistrate must be in the form of words prescribed by the rules.

90   Magistrate may set aside requirements for written statements

(1)  In any committal proceedings, the Magistrate may dispense with all or any of the following requirements of this Act relating to written statements or exhibits:
(a)  service of documents on the accused person, as required by section 75,
(b)  provision to the accused person of a reasonable opportunity to inspect proposed exhibits,
(c)  specification of the age of the person who made a statement,
(d)  any requirement specified by the regulations, if the rules do not prohibit the Magistrate from dispensing with the requirement.
(2)  A requirement may be dispensed with under this section only on an application by the accused person or with the consent of the accused person.

91   Witness may be directed to attend

(1)  The Magistrate may direct the attendance at the committal proceedings of the person who made a written statement that the prosecution intends to tender as evidence in the committal proceedings. The direction may be given on the Magistrate’s own motion or on the application of the accused person or the prosecutor.
(2)  The Magistrate must give the direction if an application is made by the accused person or the prosecutor and the other party consents to the direction being given.
(3)  In any other circumstance, the Magistrate may give a direction only if satisfied that there are substantial reasons why, in the interests of justice, the witness should attend to give oral evidence.
(3A)  A direction may not be given for the reasons referred to in subsection (3) if the written statement has already been admitted in evidence. This does not prevent a direction being given merely because the written statement is tendered to the Magistrate for the purpose of determining an application for a direction under this section.
(4)  The written statement may be admissible in evidence in the proceedings after the direction is given if:
(a)  the accused person and the prosecutor consent to the statement being admitted, or
(b)  the Magistrate is satisfied that there are substantial reasons why, in the interests of justice, the statement should be admitted.
(5)  A direction given on the application of the accused person or the prosecutor may be withdrawn only:
(a)  on the application, or with the consent, of the applicant, or
(b)  if the applicant fails to appear, on the application of the other party.
(6)  The regulations may make provision for or with respect to the determination of substantial reasons under subsections (3) and (4).
(7)  If a person attends to give oral evidence because of a direction under this section, the Magistrate must not allow the person to be cross-examined in respect of matters that were not the basis of the reasons for giving the direction, unless the Magistrate is satisfied that there are substantial reasons why, in the interests of justice, the person should be cross-examined in respect of those matters.
(7A)  A direction may not be given under this section so as to require the attendance of the complainant in proceedings for a prescribed sexual offence if the complainant is a cognitively impaired person (within the meaning of Part 6 of Chapter 6).
(8)  A direction may not be given under this section so as to require the attendance of the complainant in proceedings for a child sexual assault offence if the complainant:
(a)  was under the age of 16 years:
(i)  on the earliest date on which, or
(ii)  at the beginning of the earliest period during which,
any child sexual assault offence to which the proceedings relate was allegedly committed, and
(b)  is currently under the age of 18 years.
(9)  For the purposes of subsection (8):

child sexual assault offence means:

(a)  a prescribed sexual offence, or
(b)  an offence that, at the time it was committed, was a child sexual assault offence for the purposes of subsection (8), or
(c)  an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraph (a) or (b).

complainant, in relation to any proceedings, means the person, or any of the persons, against whom a prescribed sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed, and includes:

(a)  in relation to an offence under section 80E of the Crimes Act 1900, the person who is alleged to have been the subject of sexual servitude, and
(b)  in relation to an offence under section 91D, 91E or 91F of the Crimes Act 1900, the person under the age of 18 years who is alleged to have participated in an act of child prostitution, and
(c)  in relation to an offence under section 91G of the Crimes Act 1900, the person under the age of 18 years who is alleged to have been used for the production of child abuse material.

92   When accused person may apply to have witness attend

(1)  The accused person in any committal proceedings may not apply for a direction under section 91 unless the accused person has served on the prosecutor a notice requesting the attendance at the proceedings of the person who made the statement concerned.
(2)  The notice must be served within the time set by the Magistrate.
(3)  The last date for service of the notice set by the Magistrate must be at least 14 days before the time set by the Magistrate for taking the prosecution evidence in the committal proceedings.
(4)  The Magistrate may specify a later date with the consent of the accused person or if the circumstances of the case require it.

93   Victim witnesses generally not to be directed to attend

(1)  Despite section 91 (other than subsection (8) of that section), in any committal proceedings in which the accused person is charged with an offence involving violence, the Magistrate may not, under that section, direct the attendance of an alleged victim of the offence who made a written statement (even if the parties to the proceedings consent to the attendance) unless the Magistrate is satisfied that there are special reasons why the alleged victim should, in the interests of justice, attend to give oral evidence.
(2)  The regulations may make provision for or with respect to the determination of any such special reasons.

94   Meaning of “offence involving violence”

(1)  The following offences are offences involving violence for the purposes of section 93:
(a)  a prescribed sexual offence,
(b)  an offence under sections 27–30 of the Crimes Act 1900 (attempts to murder),
(c)  an offence under section 33 of the Crimes Act 1900 (wounding etc with intent to do grievous bodily harm or resist arrest),
(d)  an offence under section 35 (b) of the Crimes Act 1900 (infliction of grievous bodily harm),
(e)  an offence under sections 86–91 of the Crimes Act 1900 (abduction or kidnapping),
(f)  an offence under sections 94–98 of the Crimes Act 1900 (robbery),
(f1)  an offence the elements of which include the commission of, or an intention to commit, an offence referred to in any of the above paragraphs,
(g)  an offence that, at the time it was committed, was an offence involving violence for the purposes of section 93,
(h)  any other offence that involves an act of actual or threatened violence that is prescribed by the regulations for the purposes of this section.
(2)  An offence that may be dealt with summarily under Chapter 5 is not an offence involving violence for the purposes of section 93.

95   Use of previous statements in cases involving prescribed sexual offences

(1)  In proceedings in relation to a prescribed sexual offence, if:
(a)  the offence is alleged to have been committed in the course of a connected set of circumstances in which another prescribed sexual offence is alleged to have been committed, and
(b)  the accused person has been committed for trial in respect of, or has been convicted of, the other offence, and
(c)  each of the offences is alleged to have been committed on the same person,
transcripts of evidence of the person on whom the offence is alleged to have been committed at the proceedings in which the accused person was committed or tried in respect of the other offence may, in so far as they are relevant to the offence the subject of the hearing, be included in a brief of evidence.
(2)  A copy of the transcript must be certified by a registrar in accordance with the rules and served on the accused person in accordance with section 183.
(3)  A brief of evidence that includes a transcript of a deposition of a person is not required also to include a written statement from the person concerned in respect of any matter covered by the transcript.
(4)  The transcript of the deposition is taken, for the purposes of this Act, to be a written statement taken from the person. Accordingly, any document or other thing identified in the transcript as a proposed exhibit forms part of the brief of evidence.

96   Application of Division to proceedings where there is more than one accused person

In committal proceedings in which there are 2 or more accused persons, this Division applies:
(a)  in relation to each accused person to the extent only that a written statement is sought to be admitted as evidence against that accused person, and
(b)  in relation to each such accused person as if that accused person were the only accused person.

Division 4 Defence evidence

97   Evidence for accused person

(1)  The Magistrate must give the accused person an opportunity to give evidence in the committal proceedings or to call any witness on the accused person’s behalf.
(2)  An accused person may make full answer and defence. An accused person may give evidence and may examine and cross-examine the witnesses giving evidence for the accused person or for the prosecution, respectively.
Note. For other provisions applying to evidence in committal proceedings, see the Evidence Act 1995.

98   Other evidence about accused person

Nothing in this Part prevents the prosecutor from giving in evidence any admission or confession or other statement by the accused person, made at any time, which is by law admissible as evidence against the accused person.

Division 5 Procedure if accused person pleads guilty

99   Effect of guilty plea

(1)  An accused person may at any time in committal proceedings plead guilty to the offence concerned. If a person pleads guilty, the provisions of this Division apply.
(2)  Rejection of a guilty plea does not prevent an accused person from pleading guilty at a later stage in the proceedings.

100   Guilty plea may be accepted or rejected

The Magistrate may accept or reject the guilty plea.

101   Effect of rejection of guilty plea

If the guilty plea is rejected, the committal proceedings continue as if the accused person had not pleaded guilty.

102   Effect of acceptance of guilty plea

If the guilty plea is accepted, the Magistrate must commit the accused person to the District Court or the Supreme Court, to be dealt with in accordance with this Division.

103   Procedure applicable after committal for trial

(1)  All proceedings (whether under this or any other Act) relating to a committal for trial apply, so far as practicable, to a committal of an accused person after the guilty plea is accepted.
(2)  For the purposes of the venue or change of venue of consequent proceedings, a committal is taken to be a committal for trial.

104   Higher court may refer accused person back to Magistrate

(1)  A Judge of the District Court or the Supreme Court before whom an accused person is brought under this Division may order that the committal proceedings be continued before a Magistrate if:
(a)  it appears to the Judge from the information or evidence given to or before the Judge that the facts in respect of which the court attendance notice was issued do not support the offence to which the accused person pleaded guilty, or
(b)  the prosecutor requests the order be made, or
(c)  for any other reason, the Judge thinks fit to do so.
(2)  On the resumption of the committal proceedings, the committal proceedings continue as if the person had not pleaded guilty.

105   Disposal of proceedings by higher court

(1)  The District Court or the Supreme Court may proceed to sentence or otherwise deal with an accused person brought before the Court under this Division as if the accused person had on arraignment at any sittings of the Court pleaded guilty to the offence on an indictment filed or presented by the Attorney General or the Director of Public Prosecutions.
(2)  An accused person who is sentenced or otherwise dealt with under this section is for the purposes of any Act or law (whether enacted before or after the commencement of this section) taken to be convicted on indictment of the offence concerned.

106   Change to not guilty plea in higher court

(1)  If an accused person brought before the District Court or the Supreme Court under this Division changes to not guilty the plea to the offence on which the accused person was committed to the Court, the Judge must direct that the accused person be put on trial for the offence.
(2)  On the direction being given, the accused person is taken to have been committed for trial for the offence. The Judge may make the same orders and do the same things (including dealing with the accused person) as a Magistrate can on committing an accused person for trial.
(3)  The Judge may give directions as to matters preliminary to the trial as the Judge thinks just.
(4)  A direction may not be given under subsection (1) if the offence is punishable by imprisonment for life, but the Judge may make an order under section 104.
(5)  Despite subsection (1), the Judge may make an order under section 104 instead of giving a direction under subsection (1), if of the opinion that such an order should be made.

107   Attorney General or Director of Public Prosecutions may direct that no further proceedings be taken

(1)  If a guilty plea is accepted under this Division, the Attorney General or the Director of Public Prosecutions may, at their discretion, direct in writing that no further proceedings be taken against the accused person under this Division for the offence concerned.
(2)  No further proceedings may be taken against the accused person under this Division for the offence if a direction is given.
Note. Section 44 requires the release of the accused person once a certificate is delivered to the Supreme Court after a direction is given.

108   Meaning of “accused person”

In this Division:

accused person includes a person who has been committed for sentence to the District Court or Supreme Court.

Division 6 Procedure after committal for trial or sentence

109   Accused person to be committed to correctional centre

(1)  An accused person who is committed for trial or sentence in any committal proceedings must be committed to a correctional centre by the Magistrate until the sittings of the court at which the person is to be tried or dealt with or until the accused person is otherwise released by operation of law.
(2)  A Magistrate may order the issue of a warrant under this section.
(3)  An authorised officer may, for the purposes of this section, issue a warrant to arrest the accused person.
(4)  An authorised officer before whom an accused person is brought on arrest on a warrant issued under this section may issue a warrant:
(a)  committing the accused person to a correctional centre or other place of security, and
(b)  ordering the accused person to be brought before a court at the time and place specified in the order.
Note. Part 4 of Chapter 4 sets out procedures for arrest warrants and warrants of commitment generally.

The Bail Act 1978 provides for the circumstances when such a person must or may be granted bail rather than be held in prison.

110   Bail undertakings and conditions to be notified

If an accused person committed to a correctional centre on committal for trial or sentence is released on bail, the person to whom the bail undertaking is given must transmit to the registrar of the relevant court:
(a)  the bail undertaking, and
(b)  any cash or other thing deposited under the bail undertaking, and
(c)  the instrument by which any bail conditions were imposed on the grant of bail, and
(d)  any agreement or acknowledgment entered into or made pursuant to any such bail condition.

111   Papers to be sent to officer of higher court

(1)  The registrar must, as soon as possible after the end of committal proceedings, give to the appropriate officer of the court to which an accused person is committed for trial or sentence the documents required by the rules.
(2)  The appropriate officer if an accused person is committed to the Supreme Court is the registrar of the Criminal Division of the Supreme Court.
(3)  The appropriate officer if an accused person is committed to the District Court is a registrar of the District Court.
(4)  The appropriate officer must deliver the documents to the proper officer of the Court at which the trial is to be held or the accused person dealt with, if the Judge presiding so directs.

112   Responsibilities of appropriate officer

After the documents are transmitted and before the day of trial or the day on which the accused person is to be dealt with, the appropriate officer has, in relation to the documents, the same duties and is subject to the same liabilities as the Magistrate would have or be subject to before the transmission in relation to an order in the nature of certiorari or a rule or order instead of certiorari directed to the Magistrate.

113   Copies of trial papers to be given to Director of Public Prosecutions

(1)  The appropriate officer must, as soon as practicable after receiving a document transmitted by the registrar after an accused person is committed for trial or sentence, transmit a copy of the document to the Director of Public Prosecutions.
(2)  The copy must be transmitted by the most convenient method, having regard to the necessity to maintain the security of the document.

114   Copies of transcripts of evidence and witnesses’ statements

(1)  An accused person who is committed for trial or sentence is entitled to obtain one copy of the transcript of evidence taken at the committal proceedings, and any written statements tendered at the proceedings.
(2)  The rules may make provision for or with respect to the provision of a copy to the person and the regulations may make provision for or with respect to the fees for the provision of a copy.

115   Meaning of “accused person”

In this Division:

accused person includes a person who has been committed for trial or sentence to the District Court or Supreme Court.

Division 7 Costs

116   When costs may be awarded to accused persons

(1)  A Magistrate may at the end of committal proceedings order that the prosecutor pay professional costs to the registrar, for payment to the accused person, if:
(a)  the accused person is discharged as to the subject-matter of the offence or the matter is withdrawn, or
(b)  the accused person is committed for trial or sentence for an indictable offence which is not the same as the indictable offence the subject of the court attendance notice.
(2)  The amount of professional costs is to be the amount that the Magistrate considers to be just and reasonable.
(3)  The order must specify the amount of professional costs payable.
(4)  If the accused person is discharged, the order for costs may form part of the order discharging the accused person.
(5)  In this section:

professional costs means costs (other than court costs) relating to professional expenses and disbursements (including witnesses’ expenses) in respect of proceedings before a Magistrate.

117   Limit on circumstances when costs may be awarded against a public officer

(1)  Professional costs are not to be awarded in favour of an accused person in any committal proceedings unless the Magistrate is satisfied as to any one or more of the following:
(a)  that the investigation into the alleged offence was conducted in an unreasonable or improper manner,
(b)  that the proceedings were initiated without reasonable cause or in bad faith or were conducted by the prosecutor in an improper manner,
(c)  that the prosecution unreasonably failed to investigate (or to investigate properly) any relevant matter of which it was aware or ought reasonably to have been aware and which suggested either that the accused person might not be guilty or that, for any other reason, the proceedings should not have been brought,
(d)  that, because of other exceptional circumstances relating to the conduct of the proceedings by the prosecutor, it is just and reasonable to award costs.
(2)  This section does not apply to the awarding of costs against a prosecutor acting in a private capacity.
(3)  In this section:

professional costs means costs (other than court costs) relating to professional expenses and disbursements (including witnesses’ expenses) in respect of proceedings before a Magistrate.

118   Costs on adjournment

(1)  A Magistrate may in any committal proceedings, at his or her discretion or on the application of the prosecutor or an accused person, order that one party pay costs if the matter is adjourned.
(2)  An order may be made only if the Magistrate is satisfied that the other party has incurred additional costs because of the unreasonable conduct or delay of the party against whom the order is made.
(3)  An order may be made whatever the result of the proceedings.

119   Content of costs orders

The order must specify the amount of costs payable or may provide for the determination of the amount at the end of the proceedings.

120   Enforcement of costs orders

An order made by a Magistrate under this Division for the payment of costs is taken to be a fine within the meaning of the Fines Act 1996.

Part 3 Trial procedures

Division 1 Listing

121   Definitions

In this Part:

Criminal Listing Director means:

(a)  in relation to the Supreme Court—the public servant employed in the Supreme Court to make arrangements for the listing of criminal proceedings that are to be heard and determined before the Supreme Court, and
(b)  in relation to the District Court—the public servant employed in the District Court to make arrangements for the listing of criminal proceedings that are to be heard and determined before the District Court, and
(c)  any public servant authorised by a person referred to in paragraph (a) or (b), or in accordance with the regulations, to exercise any functions of the Criminal Listing Director.

criminal proceedings means:

(a)  proceedings relating to the trial of a person before the Supreme Court or the District Court,
(b)  proceedings relating to the sentencing of a person by the Supreme Court or the District Court, or
(c)  proceedings relating to an appeal under the Crimes (Local Courts Appeal and Review) Act 2001 to the District Court in its criminal jurisdiction.

122   Listing

(1)  The Criminal Listing Director is, subject to the regulations, to make arrangements for the listing of criminal proceedings that are to be heard and determined before the Supreme Court or the District Court.
(1A)  In making such listing arrangements, the Criminal Listing Director is responsible to:
(a)  the Chief Justice of the Supreme Court, in the case of criminal proceedings that are to be heard and determined before that Court, or
(b)  the Chief Judge of the District Court, in the case of criminal proceedings that are to be heard and determined before that Court.
(2)  The regulations may make provision for or with respect to the practice and procedure to be adopted for the listing of criminal proceedings that are to be heard and determined before the Supreme Court or the District Court.
(3)  Regulations made under this section prevail over rules of court, or any direction or order of a court, to the extent of any inconsistency.

123   Authority of Criminal Listing Director

It is the duty of all persons involved in criminal proceedings to abide, as far as practicable, by the arrangements made by the Criminal Listing Director in exercising functions under this Act.

124   Liaison

For the purpose of exercising the functions conferred on the Criminal Listing Director, the Criminal Listing Director may liaise with the Judges and officers of the Supreme Court and the District Court, prosecutors, accused persons and their Australian legal practitioners, and other persons involved in criminal proceedings.

125   Certain matters not affected

(1)  This Division does not authorise the Criminal Listing Director:
(a)  to fix or change the venue of proceedings, except with the consent of the accused person and the prosecutor, or
(b)  to determine when or where a court is to exercise its jurisdiction.
(2)  Nothing in this Division relating to the Criminal Listing Director affects:
(a)  the power of the Attorney General to fix or change the venue of any matter,
(b)  the power of a court to regulate proceedings before it,
(c)  the power of a court to adjourn any matter,
(d)  proceedings in the Court of Criminal Appeal,
(e)  proceedings in the Supreme Court in its summary jurisdiction, or
(f)  proceedings under the Bail Act 1978.

Division 2 Commencement and nature of proceedings

126   Signing of indictments

(1)  An indictment shall be signed:
(a)  by the Attorney General, the Solicitor General or the Director of Public Prosecutions, or
(b)  for and on behalf of the Attorney General or the Director of Public Prosecutions by:
(i)  a Crown Prosecutor,
(ii)  a Deputy Director of Public Prosecutions, or
(iii)  a person authorised under subsection (2) to sign indictments.
(2)  The Director of Public Prosecutions may, by order in writing, authorise a person to sign indictments for and on behalf of the Director.
(3)  It shall be presumed, in the absence of evidence to the contrary, that an indictment signed by a person for and on behalf of the Attorney General or the Director of Public Prosecutions was signed by a person authorised to do so.
(4)  A certificate signed by the Director of Public Prosecutions to the effect that a specified person was authorised during a specified period to sign indictments for and on behalf of the Director is admissible in evidence in any legal proceedings and is evidence of the matters certified.

127   Manner of presenting indictments

The regulations and (subject to the regulations) the rules of court may make provision for or with respect to the manner of presenting indictments (including by the filing of the indictment in a court registry).

128   Directions as to indictments to be presented in District Court

(1)  The Chief Justice of the Supreme Court may issue a practice note on behalf of the Supreme Court giving directions to prosecutors with respect to the classes of indictments that are to be presented to the District Court rather than the Supreme Court.
(2)  The Chief Justice may exempt a particular indictment from any such direction.
(3)  The Supreme Court may reject an indictment:
(a)  that is of a class to which any such direction applies, and
(b)  that was presented after the direction was given, and
(c)  that has not been exempted from the direction by the Chief Justice.
(4)  The rejection of an indictment does not preclude the presentation of a further indictment in accordance with any such direction.

129   Time within which indictment to be presented

(1)  In this section, relevant court, in relation to a matter, means the Supreme Court or the District Court before which the matter has been listed for trial or mention.
(2)  An indictment is to be presented within 4 weeks after the committal of the accused person for trial, except as provided by this section.
(3)  The time within which the indictment is to be presented may be extended:
(a)  by the regulations or (subject to the regulations) the rules of the relevant court, or
(b)  by order of the relevant court.
(4)  If an indictment is not presented within the time required by this section, the relevant court may:
(a)  proceed with the trial if an indictment has been presented, or
(b)  adjourn the proceedings, or
(c)  take such other action as it thinks appropriate in the circumstances of the case.
(5)  The prosecutor has no right to an adjournment merely because an indictment has not been presented.
(6)  The relevant court must, in exercising any power under this section, have regard to the fact that the Crown does not have a right of appeal if the accused person is acquitted.
(7)  This section does not affect the powers of the relevant court under section 21.

130   Trial proceedings after presentation of indictment and before empanelment of jury

(1)  In this section, court means the Supreme Court or District Court.
(2)  The court has jurisdiction with respect to the conduct of proceedings on indictment as soon as the indictment is presented and the accused person is arraigned, and any orders that may be made by the court for the purposes of the trial in the absence of a jury may be made before a jury is empanelled for the trial.
(3)  If proceedings are held for the purpose of making any such orders after the indictment is presented to commence the trial and before the jury is empanelled:
(a)  the proceedings are part of the trial of the accused person, and
(b)  the accused person is to be arraigned again on the indictment when the jury is empanelled for the continuation of the trial.
(4)  Nothing in this section requires a jury to be empanelled if the accused person pleads guilty to an offence during proceedings to which this section applies.
(5)  This section applies to proceedings in respect of indictments presented after the commencement of this section.

130A   Pre-trial orders and orders made during trial bind trial Judge

(1)  A pre-trial order made by a Judge in proceedings on indictment is binding on the trial Judge in those proceedings unless, in the opinion of the trial Judge, it would not be in the interests of justice for the order to be binding.
(2)  If, on an appeal against a conviction for an offence in proceedings on indictment, a new trial is ordered, a pre-trial order made by a Judge, or an order made by the trial Judge, in relation to the proceedings from which the conviction arose is binding on the trial Judge hearing the fresh trial proceedings unless:
(a)  in the opinion of the trial Judge hearing the fresh trial proceedings, it would not be in the interests of justice for that order to be binding, or
(b)  that order is inconsistent with an order made on appeal.
(3)  If proceedings on indictment before a trial Judge are discontinued for any reason, a pre-trial order made by a Judge, or an order made by the trial Judge, in relation to those proceedings is binding on a trial Judge hearing any subsequent trial proceedings relating to the same offence as the discontinued proceedings unless, in the opinion of the trial Judge hearing the subsequent trial proceedings, it would not be in the interests of justice for the order to be binding.
(4)  In this section, pre-trial order means any order made after the indictment is first presented but before the empanelment of a jury for a trial.

131   Trial by jury in criminal proceedings

Criminal proceedings in the Supreme Court or the District Court are to be tried by a jury, except as otherwise provided by this Part.

132   Orders for trial by Judge alone

(1)  An accused person or the prosecutor in criminal proceedings in the Supreme Court or District Court may apply to the court for an order that the accused person be tried by a Judge alone (a trial by judge order).
(2)  The court must make a trial by judge order if both the accused person and the prosecutor agree to the accused person being tried by a Judge alone.
(3)  If the accused person does not agree to being tried by a Judge alone, the court must not make a trial by judge order.
(4)  If the prosecutor does not agree to the accused person being tried by a Judge alone, the court may make a trial by judge order if it considers it is in the interests of justice to do so.
(5)  Without limiting subsection (4), the court may refuse to make an order if it considers that the trial will involve a factual issue that requires the application of objective community standards, including (but not limited to) an issue of reasonableness, negligence, indecency, obscenity or dangerousness.
(6)  The court must not make a trial by judge order unless it is satisfied that the accused person has sought and received advice in relation to the effect of such an order from an Australian legal practitioner.
(7)  The court may make a trial by judge order despite any other provision of this section or section 132A if the court is of the opinion that:
(a)  there is a substantial risk that acts that may constitute an offence under Division 3 of Part 7 of the Crimes Act 1900 are likely to be committed in respect of any jury or juror, and
(b)  the risk of those acts occurring may not reasonably be mitigated by other means.

132A   Applications for trial by judge alone in criminal proceedings

(1)  An application for an order under section 132 that an accused person be tried by a Judge alone must be made not less than 28 days before the date fixed for the trial in the Supreme Court or District Court, except with the leave of the court.
(2)  An application must not be made in a joint trial unless:
(a)  all other accused person apply to be tried by a Judge alone, and
(b)  each application is made in respect of all offences with which the accused persons in the trial are charged that are being proceeded with in the trial.
(3)  An accused person or a prosecutor who applies for an order under section 132 may, at any time before the date fixed for the accused person’s trial, subsequently apply for a trial by a jury.
(4)  Rules of court may be made with respect to applications under section 132 or this section.

133   Verdict of single Judge

(1)  A Judge who tries criminal proceedings without a jury may make any finding that could have been made by a jury on the question of the guilt of the accused person. Any such finding has, for all purposes, the same effect as a verdict of a jury.
(2)  A judgment by a Judge in any such case must include the principles of law applied by the Judge and the findings of fact on which the Judge relied.
(3)  If any Act or law requires a warning to be given to a jury in any such case, the Judge is to take the warning into account in dealing with the matter.

Division 3 Case management provisions and other provisions to reduce delays in proceedings

134   Purpose

(1)  The purpose of this Division is to reduce delays in proceedings on indictment by:
(a)  requiring certain pre-trial disclosure by the prosecution and the defence, and
(b)  enabling the court to undertake case management where suitable in those proceedings, whether on its own motion or on application by a party to the proceedings.
(2)  Case management measures that are available to the court under this Division include the ordering of pre-trial hearings, pre-trial conferences and further pre-trial disclosure. The court has a discretion in determining which (if any) of those measures are suitable in the proceedings concerned.

135   Definitions

(1)  In this Division:

court means the Supreme Court or District Court.

pre-trial conference means a conference held under section 140.

pre-trial hearing means a hearing held under section 139.

(2)  In this Division, a reference to the accused person is to be read as including a reference to the Australian legal practitioner representing the accused person.

136   Directions for conduct of proceedings

At the first mention of proceedings in the court before which the trial is proposed to be heard, the presiding Judge is to give directions with respect to the future conduct of the trial, including a direction as to the time by which notice of the prosecution case is to be given under section 137 and notice of the defence response is to be given under section 138.

137   Notice of prosecution case to be given to accused person

(1)  The prosecutor is to give to the accused person notice of the prosecution case that includes the following:
(a)  a copy of the indictment,
(b)  a statement of facts,
(c)  a copy of a statement of each witness whose evidence the prosecutor proposes to adduce at the trial,
(d)  a copy of each document, evidence of the contents of which the prosecutor proposes to adduce at the trial,
(e)  if the prosecutor proposes to adduce evidence at the trial in the form of a summary, a copy of the summary or, where the summary has not yet been prepared, an outline of the summary,
(f)  a copy of any exhibit that the prosecutor proposes to adduce at the trial,
(g)  a copy of any chart or explanatory material that the prosecutor proposes to adduce at the trial,
(h)  if any expert witness is proposed to be called at the trial by the prosecutor, a copy of each report by the witness that is relevant to the case,
(i)  a copy of any information, document or other thing provided by police officers to the prosecutor, or otherwise in the possession of the prosecutor, that may reasonably be regarded as relevant to the prosecution case or the defence case, and that has not otherwise been disclosed to the accused person,
(j)  a list identifying:
(i)  any information, document or other thing of which the prosecutor is aware and that would reasonably be regarded as being of relevance to the case but that is not in the prosecutor’s possession and is not in the accused person’s possession, and
(ii)  the place at which the prosecutor believes the information, document or other thing is situated,
(k)  a copy of any information in the possession of the prosecutor that is relevant to the reliability or credibility of a prosecution witness.
(2)  The regulations may make provision for or with respect to the form and content of a statement of facts for the purposes of subsection (1) (b).

138   Notice of defence response to be given to prosecutor

The accused person is to give the prosecutor notice of the defence response that includes the following:
(a)  the name of any Australian legal practitioner proposed to appear on behalf of the accused person at the trial,
(b)  notice of any consent that the accused person proposes to give at the trial under section 190 of the Evidence Act 1995 in relation to each of the following:
(i)  a statement of a witness that the prosecutor proposes to adduce at the trial,
(ii)  a summary of evidence that the prosecutor proposes to adduce at the trial,
(c)  a statement as to whether or not the accused person intends to give any notice under section 150 (Notice of alibi),
(d)  a statement as to whether or not the accused person intends to give any notice under section 151 (Notice of intention to adduce evidence of substantial mental impairment).

139   Pre-trial hearings

(1)  At the first mention of proceedings in the court before which the trial is proposed to be heard or at any other time, the court may order the prosecutor and the accused person to attend one or more pre-trial hearings before the court so long as the time appointed for any such hearing occurs after the indictment has been presented or filed.
(2)  During a pre-trial hearing, the court may make such orders, determinations or findings, or give such directions or rulings, as it thinks appropriate for the efficient management and conduct of the trial.
(3)  Without limiting subsection (2), the court may take any or all of the following action under that subsection:
(a)  hear and determine an objection to the indictment,
(b)  order the holding of a pre-trial conference under section 140,
(c)  order pre-trial disclosure by the prosecutor or the accused person under section 141,
(d)  give a direction under section 145 (3),
(e)  give a ruling or make a finding under section 192A of the Evidence Act 1995 as if the trial had commenced,
(f)  hear and determine a submission that the case should not proceed to trial,
(g)  give a ruling on any question of law that might arise at the trial.
(4)  Despite any other provision of this Act, the court may make any order, determination or finding, or give any ruling, under this section on application by a party to the proceedings or on the court’s own initiative.
(5)  Any order, determination or finding made, or ruling given, by the court under this section is binding on the trial Judge in the proceedings unless, in the opinion of the trial Judge, it would not be in the interests of justice for the order, determination, finding or ruling to be binding.
(6)  Except with the leave of the court, a party to proceedings may not raise a matter referred to in subsection (3) (a) or (e) at trial if a pre-trial hearing was held in the proceedings and the matter was not raised at the pre-trial hearing.
(7)  Leave is not to be granted under subsection (6) unless the court is of the opinion that it would be contrary to the interests of justice to refuse leave to raise the matter concerned.

140   Pre-trial conferences

(1)  At the first mention of proceedings in the court before which the trial is proposed to be heard or at any other time, the court may order that a pre-trial conference is to be held so long as the time appointed for any such conference occurs after the indictment has been presented or filed.
(2)  The court may order the holding of a pre-trial conference under this section on application of any party or on the court’s own initiative.
(3)  The court may make such an order only if the accused person will be represented by an Australian legal practitioner at the pre-trial conference.
(4)  The purpose of the pre-trial conference is to determine whether the accused person and the prosecutor are able to reach agreement regarding the evidence to be admitted at the trial.
(5)  The following persons must be present during the pre-trial conference:
(a)  the prosecutor,
(b)  the Australian legal practitioner representing the accused person.
(6)  If the accused person has been charged jointly with any other person with the offence concerned, a joint pre-trial conference may be held in respect of two or more co-accused, but only with the consent of the prosecution and each of the co-accused concerned.
(7)  A requirement under this section that a person be present for the purposes of a pre-trial conference is taken to be satisfied if the person is present or available by way of an audio visual link or telephone.
(8)  Within 7 days after the holding of a pre-trial conference:
(a)  the prosecutor and the Australian legal practitioner who represented the accused person at the pre-trial conference must complete a pre-trial conference form, and
(b)  the prosecutor must file the pre-trial conference form with the court.
(9)  The pre-trial conference form:
(a)  is to indicate the areas of agreement and disagreement between the accused person and the prosecutor regarding the evidence to be admitted at the trial, and
(b)  is to be signed by the prosecutor and the Australian legal practitioner representing the accused person.
(10)  Except with the leave of the court, a party to proceedings may not object to the admission of any evidence at trial if the pre-trial conference form indicates that the parties have agreed that the evidence is not in dispute.
(11)  Leave is not to be granted under subsection (10) unless the court is of the opinion that it would be contrary to the interests of justice to refuse leave.

141   Court may order pre-trial disclosure in particular case

(1)  After the indictment is presented or filed in proceedings, the court may make any or all of the following orders, but only if the court is of the opinion that it would be in the interests of the administration of justice to do so:
(a)  order that the prosecutor is to give notice in accordance with section 142,
(b)  order that the accused person is to give notice of the defence response to the prosecution’s notice in accordance with section 143,
(c)  order that the prosecution is to give notice of the prosecution response to the defence response in accordance with section 144.
(2)  The court may order pre-trial disclosure under this section on application of any party or on the court’s own initiative.
(3)  The court may order pre-trial disclosure only if the court is satisfied that the accused person will be represented by an Australian legal practitioner.
(4)  The court may limit pre-trial disclosure to any specified aspect of the proceedings.
(5)  Pre-trial disclosure required by an order under this section is to be made in accordance with a timetable determined by the court.

142   Prosecution notice—court-ordered pre-trial disclosure

For the purposes of section 141 (1) (a), the prosecution’s notice is to contain the following:
(a)  the matters required to be included in the notice of the prosecution case under section 137,
(b)  a copy of any information, document or other thing in the possession of the prosecutor that would reasonably be regarded as adverse to the credit or credibility of the accused person,
(c)  a list identifying the statements of those witnesses who are proposed to be called at the trial by the prosecutor.

143   Defence response—court-ordered pre-trial disclosure

For the purposes of section 141 (1) (b), the notice of the defence response is to contain the following:
(a)  the matters required to be included in a notice under section 138,
(b)  a statement, in relation to each fact set out in the statement of facts provided by the prosecutor, as to whether the accused person considers the fact is an agreed fact (within the meaning of section 191 of the Evidence Act 1995) or the accused person disputes the fact,
(c)  a statement, in relation to each matter and circumstance set out in the statement of facts provided by the prosecutor, as to whether the accused person takes issue with the matter or circumstance as set out,
(d)  notice as to whether the accused person proposes to dispute the admissibility of any proposed evidence disclosed by the prosecutor and the basis for the objection,
(e)  if the prosecutor disclosed an intention to adduce expert evidence at the trial, notice as to whether the accused person disputes any of the expert evidence and which evidence is disputed,
(f)  a copy of any report, relevant to the trial, that has been prepared by a person whom the accused person intends to call as an expert witness at the trial,
(g)  if the prosecutor disclosed an intention to adduce evidence at the trial that has been obtained by means of surveillance, notice as to whether the accused person proposes to require the prosecutor to call any witnesses to corroborate that evidence and, if so, which witnesses will be required,
(h)  notice as to whether the accused person proposes to raise any issue with respect to the continuity of custody of any proposed exhibit disclosed by the prosecutor,
(i)  if the prosecutor disclosed an intention to tender at the trial any transcript, notice as to whether the accused person accepts the transcript as accurate and, if not, in what respect the transcript is disputed,
(j)  notice as to whether the accused person proposes to dispute the authenticity or accuracy of any proposed documentary evidence or other exhibit disclosed by the prosecutor,
(k)  notice of any significant issue the accused person proposes to raise regarding the form of the indictment, severability of the charges or separate trials for the charges,
(l)  notice of any consent the accused person proposes to give under section 184 of the Evidence Act 1995.

144   Prosecution response to defence response—court-ordered pre-trial disclosure

For the purposes of section 141 (1) (c), the notice of the prosecution response to the defence response is to contain the following:
(a)  if the accused person has disclosed an intention to adduce expert evidence at the trial, notice as to whether the prosecutor disputes any of the expert evidence and, if so, in what respect,
(b)  if the accused person has disclosed an intention to tender any exhibit at the trial, notice as to whether the prosecutor proposes to raise any issue with respect to the continuity of custody of the exhibit,
(c)  if the accused person has disclosed an intention to tender any documentary evidence or other exhibit at the trial, notice as to whether the prosecutor proposes to dispute the accuracy or admissibility of the documentary evidence or other exhibit,
(d)  notice as to whether the prosecutor proposes to dispute the admissibility of any other proposed evidence disclosed by the accused person, and the basis for the objection,
(e)  a copy of any information, document or other thing in the possession of the prosecutor, not already disclosed to the accused person, that might reasonably be expected to assist the case for the defence,
(f)  a copy of any information, document or other thing that has not already been disclosed to the accused person and that is required to be contained in the notice of the case for the prosecution.

145   Dispensing with formal proof

(1)  If a fact, matter or circumstance was alleged in a notice required to be given to the accused person by the prosecutor in accordance with this Division and the accused person was required to give a defence response under section 143 but did not disclose in the response an intention to dispute or require proof of the fact, matter or circumstance, the court may order that:
(a)  a document asserting the alleged fact, matter or circumstance may be admitted at the trial as evidence of the fact, matter or circumstance, and
(b)  evidence may not, without the leave of the court, be adduced to contradict or qualify the alleged fact, matter or circumstance.
(2)  If evidence was disclosed by the prosecution to the accused person in accordance with this Division and the accused person was required to give a defence response under section 143 but did not include notice in that response under section 143 (d) in relation to that evidence, the court may, by order, dispense with the application of any one or more of the following provisions of the Evidence Act 1995 in relation to the adducing of the evidence at trial:
(a)  Division 3, 4 or 5 of Part 2.1,
(b)  Part 2.2 or 2.3,
(c)  Parts 3.2–3.8.
(3)  The court may, on the application of a party, direct that the party may adduce evidence of 2 or more witnesses in the form of a summary if the court is satisfied that:
(a)  the summary is not misleading or confusing, and
(b)  admission of the summary instead of evidence from the witnesses will not result in unfair prejudice to any party to the proceedings.
(4)  The court may, in a direction under subsection (3), require that one or more of the witnesses whose evidence is to be adduced in the form of a summary are to be available for cross-examination.
(5)  The opinion rule (within the meaning of the Evidence Act 1995) does not apply to evidence adduced in accordance with a direction under subsection (3).
(6)  The provisions of this section are in addition to the provisions of the Evidence Act 1995, in particular, section 190.

146   Sanctions for non-compliance with pre-trial disclosure requirements

(1) Exclusion of evidence not disclosed
The court may refuse to admit evidence in proceedings that is sought to be adduced by a party who failed to disclose the evidence to the other party in accordance with requirements for pre-trial disclosure imposed by or under this Division.
(2) Exclusion of expert evidence where report not provided
The court may refuse to admit evidence from an expert witness in proceedings that is sought to be adduced by a party if the party failed to give the other party a copy of a report by the expert witness in accordance with requirements for pre-trial disclosure imposed by or under this Division.
(3) Adjournment
The court may grant an adjournment to a party if the other party seeks to adduce evidence in the proceedings that the other party failed to disclose in accordance with requirements for pre-trial disclosure imposed by or under this Division and that would prejudice the case of the party seeking the adjournment.
(4) Application of sanctions
Without limiting the regulations that may be made under subsection (5), the powers of the court may not be exercised under this section to prevent an accused person adducing evidence unless the prosecutor has complied with the requirements for pre-trial disclosure imposed on the prosecution by or under this Division.
(5) Regulations
The regulations may make provision for or with respect to the exercise of the powers of a court under this section (including the circumstances in which the powers may not be exercised).

147   Disclosure requirements are ongoing

(1)  The obligation to comply with the requirements for pre-trial disclosure imposed by or under this Division continues until any of the following happens:
(a)  the accused person is convicted or acquitted of the charges in the indictment,
(b)  the prosecution is terminated.
(2)  Accordingly, if any information, document or other thing is obtained or anything else occurs after pre-trial disclosure is made by a party to the proceedings, that would have affected that pre-trial disclosure had the information, document or thing been obtained or the thing occurred before pre-trial disclosure was made, the information, document, thing or occurrence is to be disclosed to the other party to the proceedings as soon as practicable.

148   Court may waive requirements

(1)  A court may, by order, waive any of the pre-trial disclosure requirements that apply under this Division.
(2)  The court may make such an order on its own initiative or on the application of the prosecutor or the accused person.
(3)  An order may be made subject to such conditions (if any) as the court thinks fit.

149   Requirements as to notices

(1)  A notice under this Division is to be in writing.
(2)  Any notice purporting to be given under this Division on behalf of the accused person by his or her Australian legal practitioner is, unless the contrary is proved, taken to have been given with the authority of the accused person.
(3)  A notice under this Division that is required to be given to a prosecutor may be given to the prosecutor in the following manner, or as otherwise directed by the court:
(a)  by delivering it to the prosecutor,
(b)  by leaving it at the office of the prosecutor,
(c)  by sending it by post or facsimile to the prosecutor at the office of the prosecutor,
(d)  by sending it by electronic mail to the prosecutor, but only if the prosecutor has agreed to notice being given in that manner.
(4)  A notice under this Division that is required to be given to an accused person may be given to the accused person in the following manner, or as otherwise directed by the court:
(a)  by delivering it to the accused person,
(b)  by leaving it at the office of the Australian legal practitioner representing the accused person,
(c)  by sending it by post or facsimile to the Australian legal practitioner representing the accused person at the office of the Australian legal practitioner,
(d)  by sending it by electronic mail to the Australian legal practitioner, but only if the Australian legal practitioner has agreed to notice being given in that manner.
(5)  A party required to give a notice under this Division must file a copy of the notice with the court as soon as practicable after giving it, or as otherwise required by the court.

149A   Copies of exhibits and other things not to be provided if impracticable

(1)  A copy of a proposed exhibit, document or thing is not required to be included in a notice under this Division if it is impossible or impractical to provide a copy.
(2)  However, the party required to give the notice:
(a)  is to specify in the notice a reasonable time and place at which the proposed exhibit, document or thing may be inspected, and
(b)  is to allow the other party to the proceedings a reasonable opportunity to inspect the proposed exhibit, document or thing referred to in the notice.

149B   Personal details not to be provided

(1)  The prosecutor is not to disclose in any notice under this Division the address or telephone number of any witness proposed to be called by the prosecutor, or of any other living person, unless:
(a)  the address or telephone number is a materially relevant part of the evidence, or
(b)  the court makes an order permitting the disclosure.
(2)  An application for such an order may be made by the accused person or the prosecutor.
(3)  The court must not make such an order unless satisfied that the disclosure is not likely to present a reasonably ascertainable risk to the welfare or protection of any person or that the interests of justice (including the accused person’s right to prepare properly for the hearing of the evidence for the prosecution) outweigh any such risk.
(4)  This section does not prevent the disclosure of an address if the disclosure does not identify it as a particular person’s address, or it could not reasonably be inferred from the matters disclosed that it is a particular person’s address.
(5)  An address or telephone number that must not be disclosed may, without reference to the person who made the statement being disclosed, be deleted from that statement, or rendered illegible, before the statement is given to the accused person.

149C   Requirements as to statements of witnesses

(1)  A statement of a witness that is included in a notice under this Division may be in the form of questions and answers.
(2)  If a notice includes a statement that is, wholly or in part, in a language other than English, there must be annexed to it a document purporting to contain a translation of the statement, or so much of it as is not in the English language, into the English language.

149D   Exemption for matters previously disclosed

(1)  The prosecutor is not required to include in a notice under this Division anything that has already been included in a brief of evidence in relation to the matter served on the accused person in accordance with this or any other Act or that has otherwise been provided or disclosed to the accused person.
(2)  The accused person is not required to include in a notice under this Division anything that has already been provided or disclosed to the prosecutor.

149E   Court powers to ensure efficient management and conduct of trial

(1)  On or after the commencement of the trial in proceedings, the court may make such orders, determinations or findings, or give such directions or rulings, as it thinks appropriate for the efficient management and conduct of the trial.
(2)  Without limiting subsection (1), the court may order that any of the parties to the proceedings disclose any matter that was, or could have been, required to be disclosed under this Division before the commencement of the trial.

149F   Miscellaneous provisions

(1)  A statement about any matter that is made by or on behalf of the accused person for the purposes of complying with requirements for pre-trial disclosure imposed by or under this Division does not constitute an admission of that matter by the accused person.
(2)  The court may make orders to resolve any dispute between the parties to criminal proceedings about:
(a)  the requirements for pre-trial disclosure imposed by or under this Division, or
(b)  the use of anything disclosed under this Division (including restrictions on publication or further disclosure).
(3)  This Division does not affect the obligations or powers under Division 4 (Pre-trial disclosure—general).
(4)  Nothing in this Division prevents any voluntary pre-trial disclosure by the accused person to the prosecutor of any information, document or other thing that the accused person proposes to adduce in evidence in the proceedings.
(5)  This Division does not limit any obligation (arising otherwise than under this Division) for pre-trial disclosure that is capable of being complied with concurrently with requirements imposed by or under this Division, but this Division prevails to the extent of any inconsistency with any such obligation. Any such obligation extends to obligations imposed by the common law, the rules of court, the legal profession rules made under Part 7.5 of the Legal Profession Act 2004 and prosecution guidelines issued by the Director of Public Prosecutions.
(6)  However, this Division does not affect any immunity that applies by law to the disclosure of any information, document or other thing, including, for example, legal professional or client legal privilege, public interest immunity and sexual assault communications privilege under Division 2 of Part 5 of Chapter 6.
(7)  Nothing in this Division limits any powers that a court has apart from this Division in relation to proceedings.
(8)  The provisions of this Division prevail over the provisions of the Evidence Act 1995 to the extent of any inconsistency with those provisions.

Division 4 Pre-trial disclosure—general

150   Notice of alibi

(1)  This section applies only to trials on indictment.
(2)  An accused person may not, without the leave of the court, adduce evidence in support of an alibi unless, before the end of the prescribed period, he or she gives notice of particulars of the alibi to the Director of Public Prosecutions and files a copy of the notice with the court.
(3)  Without limiting subsection (2), the accused person may not, without the leave of the court, call any other person to give evidence in support of an alibi unless:
(a)  the notice under that subsection includes the other person’s name and address or, if the other person’s name or address is not known to the accused person at the time he or she gives notice, any information in his or her possession that might be of material assistance in finding the other person, and
(b)  if the other person’s name or address is not included in the notice, the court is satisfied that the accused person before giving notice took, and thereafter continued to take, all reasonable steps to ensure that the other person’s name or address would be ascertained, and
(c)  if the other person’s name or address is not included in the notice, but the accused person subsequently discovers the other person’s name or address or receives other information that might be of material assistance in finding the other person, he or she immediately gives notice of the name, address or other information, and
(d)  if the accused person is notified by or on behalf of the Crown that the other person has not been traced by the name or address given by the accused person, he or she immediately gives notice of any information that might be of material assistance in finding the other person and that is then in his or her possession or, on subsequently receiving any such information, immediately gives notice of it.
(4)  The court may not refuse leave under this section if it appears to the court that, on the committal for trial of the accused person, he or she was not informed by the committing Magistrate of the requirements of subsections (2), (3) and (7) and, for that purpose, a statement in writing by the committing Magistrate that the accused person was informed of those requirements is evidence that the accused person was so informed.
(5)  Any evidence tendered to disprove an alibi may, subject to any direction by the court, be given before or after evidence is given in support of the alibi.
(6)  Any notice purporting to be given under this section on behalf of the accused person by his or her Australian legal practitioner is, unless the contrary is proved, to be taken to have been given with the authority of the accused person.
(7)  A notice under this section must be given in writing to the Director of Public Prosecutions, and may be given by delivering it to the Director, by leaving it at the Director’s office or by sending it in a letter addressed to the Director at the Director’s office.
(8)  In this section:

evidence in support of an alibi means evidence tending to show that, by reason of the presence of the accused person at a particular place or in a particular area at a particular time, the accused person was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission.

prescribed period means the period commencing at the time of the accused person’s committal for trial and ending 42 days before the trial is listed for hearing.

151   Notice of intention to adduce evidence of substantial mental impairment

(1)  On a trial for murder, the accused person must not, without the leave of the court, adduce evidence tending to prove a contention of substantial mental impairment unless the accused person gives notice, as prescribed by the regulations, of his or her intention to raise that contention to the Director of Public Prosecutions and files a copy of the notice with the court.
(2)  Without limiting subsection (1), the accused person must not, without the leave of the court, call any other person to give evidence tending to prove a contention of substantial mental impairment unless the notice under this section includes:
(a)  the name and address of the other person, and
(b)  particulars of the evidence to be given by the other person.
(3)  Any evidence tendered to disprove a contention of substantial mental impairment may, subject to any direction of the court, be given before or after evidence is given to prove that contention.
(4)  Any notice purporting to be given under this section on behalf of the accused person by his or her Australian legal practitioner is taken, unless the contrary is proved, to have been given with the authority of the accused person.
(5)  A notice under this section is to be given in writing to the Director of Public Prosecutions, and may be given by delivering it to the Director, by leaving it at the Director’s office or by sending it in a letter addressed to the Director at the Director’s office.
(6)  In this section, contention of substantial mental impairment means a contention by the accused person that the accused person is not liable to be convicted of murder by virtue of section 23A of the Crimes Act 1900.

Division 5 Pleadings on trial

152   Arraignment on charge of previous conviction

(1)  An accused person is not to be arraigned for any previous conviction charged in an indictment unless he or she is convicted of a subsequent offence charged in the indictment.
(2)  On the accused person’s conviction of the subsequent offence:
(a)  the accused person is to be arraigned, and
(b)  the jury is to be charged, and
(c)  the trial is to proceed,
in relation to the previous conviction.
(3)  In the trial for the subsequent offence, evidence of the previous conviction may not be admitted, except in reply to evidence of character, unless the accused person is convicted of the subsequent offence.

153   Guilty plea to offence not charged

(1)  If an accused person:
(a)  is arraigned on an indictment for an offence, and
(b)  can lawfully be convicted on the indictment of some other offence not charged in the indictment,
he or she may plead “not guilty” of the offence charged in the indictment, but “guilty” of the other offence.
(2)  The Crown may elect to accept the plea of “guilty” or may require the trial to proceed on the charge on which the accused person is arraigned.

154   Plea of “not guilty”

If an accused person arraigned on an indictment pleads “not guilty”, the accused person is taken to have put himself or herself on the country for trial, and the court is to order a jury for trial accordingly.

155   Refusal to plead

If an accused person who is arraigned stands mute, or will not answer directly to the indictment, the court may order a plea of “not guilty” to be entered on behalf of the accused person, and the plea so entered has the same effect as if the accused person had actually pleaded “not guilty”.

156   Plea of autrefois convict

(1)  In any plea of autrefois convict, or of autrefois acquit, it is sufficient for the accused person to allege that he or she has been lawfully convicted or acquitted, as the case may be, of the offence charged in the indictment, without specifying the time or place of the previous conviction or acquittal.
(2)  The issue of autrefois convict or autrefois acquit is to be determined by the court without the presence of a jury.

157   Change to guilty plea during trial

(1)  If an accused person pleads “guilty” to an offence at any time after having been given into the charge of a jury, and the court accepts the plea, the court is to discharge the jury from giving a verdict in the matter and to find the accused person guilty of the offence.
(2)  The finding has effect as if it were the verdict of the jury, and the accused person is liable to punishment accordingly.

Division 6 Other provisions relating to trials

158   Transcript of statement in committal proceedings

A transcript of a record of a statement made by an accused person may, unless the court otherwise orders, be given in evidence at the trial of the accused person if it is proved on oath that the record is a true record of the statement made by the accused person and that the transcript is a correct transcript of the record.

159   Opening address to jury by accused person

(1)  An accused person or his or her Australian legal practitioner may address the jury immediately after the opening address of the prosecutor.
(2)  Any such opening address is to be limited generally to an address on:
(a)  the matters disclosed in the prosecutor’s opening address, including those that are in dispute and those that are not in dispute, and
(b)  the matters to be raised by the accused person.
(3)  If the accused person intends to give evidence or to call any witness in support of the defence, the accused person or his or her Australian legal practitioner is entitled to open the case for the defence before calling evidence, whether or not an address has been made to the jury.

160   Closing address to jury by accused person

(1)  An accused person or his or her Australian legal practitioner may address the jury after the close of the evidence for the defence and any evidence in reply by the Crown and after the prosecutor has made a closing address to the jury or declined to make a closing address to the jury.
(2)  If, in the accused person’s closing address, relevant facts are asserted that are not supported by any evidence that is before the jury, the court may grant leave for the Crown to make a supplementary address to the jury replying to any such assertion.

161   Summary by Judge

(1)  At the end of a criminal trial before a jury, a Judge need not summarise the evidence given in the trial if of the opinion that, in all the circumstances of the trial, a summary is not necessary.
(2)  This section applies despite any rule of law or practice to the contrary.
(3)  Nothing in this section affects any aspect of a Judge’s summing up function other than the summary of evidence in a trial.

162   Alternative verdict of attempt on trial for any indictable offence

If, on the trial of a person for any indictable offence, the jury is not satisfied that the person is guilty of the offence, but is satisfied that he or she is guilty of:
(a)  an attempt to commit the offence, or
(b)  an assault with intent to commit the offence,
it may acquit the person of the offence charged and find the person guilty of the attempt or assault, and the person is liable to punishment accordingly.

163   No further prosecution after trial for serious indictable offence where alternative verdict possible

If under any Act a person who is tried for a serious indictable offence may be acquitted of that offence but found guilty of some other offence, the person is not liable to further prosecution on the same facts for that other offence.

164   Joint trial in case of perjury

If:
(a)  a number of persons are severally indicted for perjury or false swearing, and
(b)  the statements alleged to be false:
(i)  are alleged to have been made on the same occasion, before the same court or tribunal and in respect of the same subject-matter, and
(ii)  are in each case to the same effect, whether in identical terms or not,
all of those persons may be tried together, at the same time and before the same jury, provided that each person is to have his or her full right of challenge.

Division 7 Certain summary offences may be dealt with

165   Definitions and application

(1)  In this Part:

back up offence, in relation to an indictable offence, means an offence:

(a)  that is:
(i)  a summary offence, or
(ii)  an indictable offence that is capable of being dealt with summarily by the Local Court in accordance with the provisions of Chapter 5, and
(b)  all the elements of which are elements that are necessary to constitute the first indictable offence, and
(c)  that is to be prosecuted on the same facts as the first indictable offence.

court means the Supreme Court or District Court.

related offence, in relation to an indictable offence, means an offence:

(a)  that is:
(i)  a summary offence, or
(ii)  an indictable offence that is capable of being dealt with summarily by the Local Court in accordance with the provisions of Chapter 5, and
(b)  that arises from substantially the same circumstances as those from which the first indictable offence has arisen,
but does not include a back up offence.

(2)  This Part extends to proceedings commenced, but not concluded, before the commencement of this Part.

166   Certification and transfer of back up and related offences

(1)  On committal for trial or sentence of a person charged with an indictable offence:
(a)  the prosecutor must inform the Magistrate as to whether or not the person has been charged with any back up offence or related offence, and
(b)  if the person has been charged with any back up offence or related offence:
(i)  the prosecutor is to produce to the court a certificate specifying each back up offence and related offence with which the person has been charged, and
(ii)  the proceedings on each back up offence and related offence with which the person has been charged are to be transferred to the court in which the person has been committed to trial or sentence (along with the certificate).
(2)  This section does not prevent the person referred to in subsection (1) being charged with any offence after committal.
(3)  Proceedings on a back up offence or related offence that are laid after committal for trial or sentence of a person charged with an indictable offence are to be transferred to the court in which the person has been committed to trial or sentence.

167   Manner of dealing with back up and related offences

(1)  If, following a plea of guilty by an accused person to an indictable offence or at the conclusion of the trial of an accused person for an indictable offence, a court finds the accused person guilty of the offence, the court:
(a)  is (unless it considers it inappropriate in the circumstances to do so) to order that the charge in relation to each back up offence be dismissed, and
(b)  is to deal with any back up offence the charge for which is not dismissed under paragraph (a) and any related offence with which the accused person has been charged in accordance with this Part, unless to do so would not be in the interests of justice.
(1A)  If at the conclusion of the trial of an accused person for an indictable offence, a court finds the accused person not guilty of the offence, the court is to deal with any back up offence or related offence with which the person has been charged in accordance with this Part, unless to do so would not be in the interests of justice.
(2)  If a court is dealing with an accused person for an indictable offence following the person’s committal for sentence, the court:
(a)  is (unless it considers it inappropriate in the circumstances to do so) to order that the charge in relation to each back up offence be dismissed, and
(b)  may deal with any back up offence the charge for which is not dismissed under paragraph (a) and any related offence with which the accused person has been charged in accordance with this Part, unless to do so would not be in the interests of justice.
(3)  (Repealed)
(4)  A court may deal with a back up offence or related offence with which an accused person has been charged even though it is not doing so in relation to a back up offence or related offence with which another accused person in the same proceedings is charged.

168   Procedures for dealing with certain offences related to indictable offences

(1)  The court is to deal with a back up offence or related offence under this Part without a jury and on the basis only of evidence given during the trial of the accused person for the relevant indictable offence in the same proceedings and additional evidence given under this section.
(2)  The prosecutor or accused person may, with the leave of the court, call additional evidence in relation to the back up offence or related offence.
(3)  In sentencing or otherwise dealing with a person for a back up offence or related offence, the court has the same functions, and is subject to the same restrictions and procedures, as the Local Court.
(4)  Rules of court may be made with respect to back up offences or related offences dealt with under this Part.

169   Remission of certain offences related to indictable offences to Local Court

(1)  A court that is dealing with a back up offence or related offence under this Part may, if it is in the interests of justice to do so, remit the matter to the Local Court.
(2)  Any back up offence or related offence that is not dealt with by a court in accordance with this Part is to be remitted back to the Local Court.
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