Criminal Procedure Act 1986 No 209
Historical version for 15 November 2010 to 6 December 2010 (accessed 19 December 2014 at 19:40) Current version
Chapter 3Part 3

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   Trial by Judge in criminal proceedings

(1)  An accused person in criminal proceedings in the Supreme Court or District Court must be tried by the Judge alone if:
(a)  the person so elects in accordance with this section, and
(b)  the Judge is satisfied that the person, before making the election, sought and received advice in relation to the election from an Australian legal practitioner.
(2)  An election may not be made unless:
(a)  all other accused persons in the trial also elect to be tried by the Judge alone, and
(b)  each election is made in respect of all offences with which the accused persons in the trial are charged.
(3)  An election may be made only with the consent of the Director of Public Prosecutions.
(4)  An election must be made before the date fixed for the person’s trial in the Supreme Court or District Court.
(5)  An accused person who elects to be tried by the Judge alone may, at any time before the date fixed for the person’s trial, subsequently elect to be tried by a jury.
(6)  Rules of court may be made with respect to elections under 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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