Criminal Procedure Act 1986 No 209
Current version for 28 October 2014 to date (accessed 19 December 2014 at 10:49)
Chapter 4Part 2

Part 2 Trial procedures in lower courts

Division 1 Commencement of proceedings

172   Commencement of proceedings by court attendance notice

(1)  Proceedings for an offence are to be commenced in a court 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.

173   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 proceedings for an offence against a person, the officer may commence the proceedings by issuing a court attendance notice and filing the notice in accordance with this Division.

174   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 proceedings for an offence against a person, 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 the court on application by the person.

175   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 court 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 a way that is sufficient under this Act for the purposes of an indictment or an averment in an indictment.

176   (Repealed)

177   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 of a class prescribed by the rules, in accordance with the rules.
(3)  A copy of a court attendance notice issued by a person other than a police officer or a public officer must be served by a person of a class 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)

178   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 been commenced on another date.

179   Time limit for commencement of summary proceedings

(1)  Proceedings for a summary offence must be commenced not later than 6 months from when the offence was alleged to have been committed.
(2)  Subsection (1) does not apply:
(a)  to an offence for which an Act or law specifies another period within which proceedings must be commenced, or
(b)  to an indictable offence that is being dealt with summarily, or
(c)  to an offence involving the death of a person that is or has been the subject of a coronial inquest.
(3)  Proceedings for a summary offence that relate to the death of a person that is or has been the subject of a coronial inquest must be commenced:
(a)  not later than 6 months after the conclusion of the inquest, or
(b)  not later than 2 years from when the offence is alleged to have been committed,
whichever occurs first.

180   Relationship to other law or practice

(1)  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.
(2)  If an Act or a statutory rule provides for proceedings for an offence which may be taken in a court to be commenced otherwise than by issuing a court attendance notice, the proceedings may be commenced in accordance with this Act.
(3)  Nothing in this Part affects the operation of the provisions of the Crimes (Domestic and Personal Violence) Act 2007 relating to the commencement of proceedings under that Act.

181   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 at the court for the hearing of 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 court, 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 proceedings (including any day to which proceedings are adjourned), or absconds from the 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 an 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, order the issue of 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 date, time and place specified in the order.
(5)  The Magistrate or authorised officer must give notice of the date, time and place set to the prosecutor. Part 4 of this Chapter sets out procedures for arrest warrants and warrants of commitment generally.

Division 2 Pre-trial procedures

182   Written pleas

(1)  An accused person served with a court attendance notice may lodge with the registrar a notice in writing that the accused person will plead guilty or not guilty to the offence or offences the subject of the court attendance notice concerned.
(2)  The notice is to be in the form prescribed by the rules and, in the case of a guilty plea, may be accompanied by additional written material containing matters in mitigation of the offence.
(3)  An accused person who lodges a notice under this section with the registrar not later than 7 days before the date on which the person is required to first attend before the Local Court:
(a)  is not required to attend the Court on that date, and
(b)  is taken to have attended the Court on that date.
(4)  This section does not apply to an accused person who has been granted or refused bail or in relation to whom bail has been dispensed with.

183   Brief of evidence to be served on accused person where not guilty plea

(1)  If an accused person pleads not guilty to an offence, the prosecutor must, subject to section 187, serve or cause to be served on the accused person a copy of the brief of evidence relating to the offence.
(2)  The brief of evidence is, unless the regulations otherwise provide, to consist of documents regarding the evidence that the prosecutor intends to adduce in order to prove the commission of the offence and is to include:
(a)  written statements taken from the persons the prosecutor intends to call to give evidence in proceedings for the offence, and
(b)  copies of any document or any other thing, identified in such a written statement as a proposed exhibit.
(3)  The copy of the brief of evidence is to be served at least 14 days before the hearing of the evidence for the prosecution.
(4)  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.

184   Exhibits

(1)  Despite section 183, 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.
(2)  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.

185   Recording of interviews with vulnerable persons

(1)  If the prosecutor intends to call a vulnerable person to give evidence in proceedings, the brief of evidence may include a transcript of a recording made by an investigating official of an interview with the 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).
(2)  A 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 183.
(3)  A brief of evidence that includes a transcript of a recording of an interview with a vulnerable person is not required also to include a written statement from the vulnerable person concerned.
(4)  The transcript of the recording is taken, for the purposes of this Division, to be a written statement taken from the vulnerable person. Accordingly, any document or other thing identified in the transcript as a proposed exhibit forms part of the brief of evidence.
(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.
(6)  This section does not affect section 306V (2).
(7)  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.

186   Form of copy of brief of evidence

(1)  The copy of the brief of evidence is to comply with any requirement applicable to it prescribed by the rules.
(2)  A written statement contained in the brief of evidence is to comply with this Act and any requirement applicable to it prescribed by the rules.

187   When brief of evidence need not be served

(1)  The court may order that all or part of the copy of the brief of evidence need not be served if it is satisfied:
(a)  that there are compelling reasons for not requiring service, or
(b)  that it could not reasonably be served on the accused person.
(2)  The court may make an order under this section on its own initiative or on the application of any party.
(3)  An order may be made subject to any conditions that the court thinks fit.
(4)  Without limiting any other power to adjourn proceedings, the court may grant one or more adjournments, if it appears to it to be just and reasonable to do so, if the copy of the brief of evidence is not served in accordance with this Division. For that purpose, the court may extend the time for service of the brief of evidence.
(5)  A prosecutor is not required to serve a brief of evidence in proceedings for an offence of a kind, or proceedings of a kind, prescribed by the regulations.

188   Evidence not to be admitted

(1)  The court must refuse to admit evidence sought to be adduced by the prosecutor in respect of an offence if, in relation to that evidence, this Division or any rules made under this Division have not been complied with by the prosecutor.
(2)  The court may, and on the application of or with the consent of the accused person must, dispense with the requirements of subsection (1) on such terms and conditions as appear just and reasonable.

189   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 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.

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 (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.

Division 3 Hearings

190   Time for hearing

(1)  On the first return date for a court attendance notice in any summary proceedings, or at such later time as the court determines, the court must set the date, time and place for hearing and determining the matter.
(2)  The court must notify the accused person of the date, time and place, if the accused person is not present.
(3)  However, if the accused person is not present at the first return date or at any subsequent mention of the proceedings and has not lodged a written plea of not guilty in accordance with section 182, the court may proceed to hear and determine the matter on the first or a subsequent day on which the matter is listed for mention at its discretion.
(4)  The court may not proceed to hear and determine the matter unless it is satisfied that the accused person had reasonable notice of the first return date or the mention date.
Note. The powers of a court to adjourn proceedings generally are set out in section 40.

191   Proceedings to be open to public

(1)  Summary proceedings before a court are to be heard in open court.
(2)  This section is subject to the provisions of any other Act or law.

192   Procedures where both parties present

(1)  If both the accused person and the prosecutor are present at the day, time and place set for the hearing and determination of proceedings for an offence (including a day to which the hearing has been adjourned) the court must proceed to hear and determine the matter.
(2)  The court must state the substance of the offence to the accused person and ask the accused person if the accused person pleads guilty or not guilty.
(3)  Instead of hearing and determining the matter, the court may, if it thinks that the matter should not proceed on the specified day, adjourn the hearing to another day for mention or hearing.

193   Procedure if offence admitted

(1)  If the accused person pleads guilty, and does not show sufficient cause why he or she should not be convicted or not have an order made against him or her, the court must convict the accused person or make the order accordingly.
(2)  This section does not apply if the court does not accept the accused person’s guilty plea.

194   Procedure if offence not admitted

(1)  If the accused person pleads not guilty or fails or refuses to make a plea or the court does not accept the accused person’s guilty plea, the court must proceed to hear and determine the matter.
(2)  The court must hear the prosecutor, any witnesses and other evidence of the prosecutor and must hear the accused person and any witnesses and other evidence of the accused person.

195   How evidence is taken

(1)  A prosecutor may give evidence and may examine and cross-examine the witnesses giving evidence for the prosecution or the accused person, respectively.
(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 the prosecution, respectively.
(3)  If the accused person gives any evidence or examines any witness as to any matter other than as to the witness’s general character, the prosecutor may call and examine witnesses in reply.

196   Procedure if accused person not present

(1)  If the accused person is not present at the day, time and place set for the hearing and determination of the matter (including a day to which the hearing has been adjourned), the court may proceed to hear and determine the matter in the absence of the accused person in accordance with this Division.
(2)  If:
(a)  a penalty notice enforcement order is annulled under Division 5 of Part 3 of the Fines Act 1996 and the order (together with any annexure) is taken to be a court attendance notice in relation to the offence, and
(b)  the accused person has been given notice of the hearing of the matter of the court attendance notice, and
(c)  the accused person does not appear on the day and at the time and place specified by the court attendance notice,
the court may proceed to hear and determine the matter in the absence of the accused person in accordance with this Division.
(3)  The court may not proceed to hear and determine the matter unless it is satisfied that the accused person had reasonable notice of the first return date or the date, time and place of the hearing.
(4)  If an offence is an indictable offence that may be dealt with summarily only if the accused person consents, the absence of the accused person is taken to be consent to the offence being dealt with summarily and the offence may be dealt with in accordance with this Division.

197   Adjournment when accused person not present

(1)  Instead of hearing and determining a matter in the absence of the accused person, the court may, if it thinks that the matter should not proceed on the specified day or without the accused person, adjourn the hearing to another day for mention or for hearing.
(2)  If a warrant is issued for the arrest of the accused person, the Magistrate or authorised officer before whom the accused person is brought after arrest may specify the date, time and place to which the proceedings are adjourned.
Note. The court may at any time issue a warrant for the arrest of an absent accused person (see Division 2 of Part 4 which sets out procedures for warrants).

198   Absent accused person taken to have pleaded not guilty

An accused person in proceedings who is absent from the proceedings and who has not lodged a written plea of guilty in accordance with section 182 is taken to have pleaded not guilty.

199   Material to be considered when matter determined in absence of accused person

(1)  The court may determine proceedings heard in the absence of the accused person on the basis of the court attendance notice without hearing the prosecutor’s witnesses or any other additional evidence of the prosecutor, if it is of the opinion that the matters set out in the court attendance notice are sufficient to establish the offence.
(2)  Before determining the matter, the court must consider any written material given to the court by the prosecutor, or lodged by the accused person under section 182.

200   When court may require prosecution to provide additional evidence

(1)  The court may, in proceedings heard in the absence of the accused person, require the prosecution to provide additional evidence if it is of the opinion that the matters set out in the court attendance notice are not sufficient to establish the offence.
(2)  The additional evidence is not admissible unless:
(a)  it is in the form of written statements that comply with Division 3 of Part 2 of Chapter 3, and
(b)  a copy of any such statement has been given to the accused person a reasonable time before consideration of the additional evidence by the court.
(3)  However, the court may require evidence to be given orally if it is not practicable to comply with subsection (2) or if the court thinks it necessary in the particular case.
(4)  The court must reject a written statement, or any part of a written statement, tendered in summary proceedings if the statement or part is inadmissible because of this section.

201   Procedure if prosecutor or both parties not present

(1)  If the prosecutor is not present, or both the prosecutor and the accused person are not present, at the day, time and place set for the hearing and determination of the matter (including a day to which the hearing has been adjourned) the court must dismiss the information.
(2)  Despite subsection (1), the court may, if it thinks fit, instead of dismissing the information, adjourn the hearing to a specified day, time and place for mention or hearing.

202   Determination by court

(1)  The court must determine summary proceedings after hearing the accused person, prosecutor, witnesses and evidence in accordance with this Act.
(2)  The court may determine the matter by convicting the accused person or making an order as to the accused person, or by dismissing the matter.
(3)  In the case of a matter heard in the absence of the accused person, the court may adjourn the proceedings to enable the accused person to appear or be brought before the court for sentencing.
Note. Section 25 of the Crimes (Sentencing Procedure) Act 1999 provides for the issue of warrants of arrest for absent defendants so that they may be brought before the Court for sentencing. Section 62 of that Act also provides for the issue of warrants of commitment after sentencing.

203   Additional powers to adjourn summary proceedings

A court may adjourn summary proceedings before or at any stage of proceedings to enable the matter to be the subject of a mediation session under the Community Justice Centres Act 1983.

204   Record of conviction or order to be made

(1)  A court must make a record of any conviction or order made against the accused person in summary proceedings when the accused person is convicted or the order is made.
(2)  The court must give the accused person a copy of the record on request by the accused person.

205   Order dismissing matter to be made

(1)  A court may make an order of dismissal and give the accused person a certificate certifying that a matter has been dismissed if it decides to dismiss the matter.
(2)  A court must make an order of dismissal and give the accused person a certificate certifying that a matter has been dismissed if requested to do so by an accused person against whom a matter has been dismissed or by the prosecutor.
(3)  This section does not apply to a matter that is taken to be dismissed because of section 208.

206   Effect of certificate that matter has been dismissed

A certificate certifying that a matter has been dismissed, if produced and without any further proofs being required, prevents any later proceedings in any court for the same matter against the same person.

207   Power to set aside conviction or order before sentence

(1)  An accused person may, at any time after conviction or an order has been made against the accused person and before the summary proceedings are finally disposed of, apply to the court to change the accused person’s plea from guilty to not guilty and to have the conviction or order set aside.
(2)  The court may set aside the conviction or order made against the accused person and proceed to determine the matter on the basis of the plea of not guilty.

208   Dismissal of matter if matter withdrawn

(1)  If a matter is withdrawn by the prosecutor, the matter is taken to be dismissed and the accused person is taken to be discharged in relation to the offences concerned.
(2)  The dismissal of a matter because of its withdrawal by the prosecutor does not prevent any later proceedings in any court for the same matter against the same person.

209   Application of section 10 of the Crimes (Sentencing Procedure) Act 1999

The provisions of section 10 of the Crimes (Sentencing Procedure) Act 1999 apply to any proceedings heard in the absence of the accused person under this Part as if the accused person had been charged before the court with the offence to which the proceedings relate.

210   Penalties applying to traffic offences committed by children

(1)  The Local Court may deal with a child found guilty of a traffic offence in accordance with Division 4 of Part 3 of the Children (Criminal Proceedings) Act 1987.
(2)  In so dealing with a child, the Local Court has and may exercise the functions of the Children’s Court under that Division as if the Local Court were the Children’s Court and the offence were an offence to which the Division applies.
(3)  The Local Court must not impose a sentence of imprisonment on a child found guilty of a traffic offence.
(4)  In this section:

child means a person who was under 18 years when the traffic offence was committed and under 21 years when summary proceedings for the offence were commenced,

traffic offence means an offence arising under a provision of:

(a)  the road transport legislation (within the meaning of the Road Transport Act 2013) or the former road transport legislation (within the meaning of Part 2 of Schedule 4 to that Act), or
(b)  the Roads Act 1993, or
(c)  the Motor Vehicles (Third Party Insurance) Act 1942, or
(d)  the Recreation Vehicles Act 1983, or
(e)  the Motor Accidents Compensation Act 1999,
in respect of the use, standing or parking of a motor vehicle within the meaning of that provision.

Note. Division 4 of Part 3 of the Children (Criminal Proceedings) Act 1987 sets out the penalties which the Children’s Court may impose on a child who has been found guilty of a summary offence.

Division 4 Costs

211   Definition

In this Part:

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

211A   Imposition of court costs levy

(1)  An accused person who is convicted of an offence in summary proceedings before a court is, by virtue of the conviction, liable to pay a court costs levy that is of the amount prescribed by the regulations.
(2)  However, a court costs levy is not payable in relation to any of the following:
(a)  a conviction resulting in the imposition of a sentence of imprisonment (unless the execution of the sentence is suspended by the court),
(b)  an order under section 10 (1) (a) of the Crimes (Sentencing Procedure) Act 1999 in relation to an offence that is not punishable by imprisonment,
(c)  a finding of guilt in relation to a traffic offence (within the meaning of section 210 of this Act) by the Local Court when dealing with the accused person under Division 4 of Part 3 of the Children (Criminal Proceedings) Act 1987,
(d)  a conviction in proceedings before the Drug Court,
(e)  a conviction that the regulations exempt from liability to pay the levy.
(3)  A convicted person who is under the age of 18 years is not liable to pay the court costs levy if the court directs that the person is exempt from liability to pay the levy in respect of the conviction. Such a direction may be made when the court convicts the person, or at any time afterwards.
(4)  The court costs levy is in addition to, and does not form part of, any pecuniary penalty imposed in respect of the offence.
(5)  The court costs levy is to be paid to the registrar of the court. The registrar is to pay the levy to the prosecutor if court costs have been paid by the prosecutor in respect of the proceedings.
(6)  The commencement of any proceedings by way of appeal against, or review of, a conviction in respect of which the court costs levy has been imposed on a person stays the liability of the person to pay the levy. In such a case:
(a)  the setting aside of any such conviction annuls that liability, and
(b)  the dismissal of any such proceedings removes the stay of liability.
(7)  To avoid doubt, this section extends to:
(a)  proceedings conducted in the absence of the accused person, and
(b)  proceedings in which a person who was under the age of 18 years when an offence was allegedly committed pleads guilty to, or is found guilty of, an offence in proceedings before a court, but not if the person is dealt with under Division 4 of Part 3 of the Children (Criminal Proceedings) Act 1987.
(8)  In this section, a reference to a person being convicted includes a reference to an order being made in relation to the person under section 10 of the Crimes (Sentencing Procedure) Act 1999.
Note 1. This section does not apply in respect of criminal proceedings before the Children’s Court (see section 27 (2A) of the Children (Criminal Proceedings) Act 1987). Section 42A of that Act provides for the Children’s Court to make orders regarding court costs at its discretion.
Note 2. Section 4 of the Fines Act 1996 provides that a court costs levy payable under this section is, for the purposes of that Act, taken to be a fine imposed by the court that convicted the person or found the person guilty.

212   When costs may be awarded

(1)  A court may award costs in criminal proceedings only in accordance with this Act.
(2)  This Act does not affect the payment of costs under the Costs in Criminal Cases Act 1967.
Note. The Costs in Criminal Cases Act 1967 contains procedures by which an accused person may obtain payment of costs from Government funds after acquittal or discharge or the quashing of a conviction.

213   When professional costs may be awarded to accused persons

(1)  A court may at the end of summary proceedings order that the prosecutor pay professional costs to the registrar of the court, for payment to the accused person, if the matter is dismissed or withdrawn.
(2)  The amount of professional costs is to be the amount that the Magistrate considers to be just and reasonable.
(3)  Without limiting the operation of subsection (1), a court may order that the prosecutor in summary proceedings pay professional costs if the matter is dismissed because:
(a)  the prosecutor fails to appear or both the prosecutor and the accused person fail to appear, or
(b)  the matter is withdrawn or the proceedings are for any reason invalid.
(4)  (Repealed)
(5)  The order must specify the amount of professional costs payable.

214   Limit on award of professional costs to accused person against prosecutor acting in public capacity

(1)  Professional costs are not to be awarded in favour of an accused person in summary proceedings unless the court 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 prosecutor 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 professional costs.
(2)  This section does not apply to the awarding of costs against a prosecutor acting in a private capacity.
(3)  An officer of an approved charitable organisation under the Prevention of Cruelty to Animals Act 1979 is taken not to be acting in a private capacity if the officer acts as the prosecutor in any proceedings under that Act or section 9 (1) of the Veterinary Practice Act 2003.

215   When professional costs may be awarded to prosecutor

(1)  A court may at the end of summary proceedings order that the accused person pay the following costs to the registrar of the court, for payment to the prosecutor, if the accused person is convicted or an order is made against the accused person:
(a)  such professional costs as the court considers just and reasonable,
(b)  (Repealed)
(1A)  The court may not order the accused person to pay professional costs referred to in subsection (1) (a) if the conviction or order concerned relates to an offence:
(a)  for which a penalty notice, within the meaning of section 20 of the Fines Act 1996, has been issued, and
(b)  in respect of which the person has elected to have the matter dealt with by a court, and
(c)  in respect of which the person has lodged a written plea of guilty, in accordance with section 182, not later than 7 days before the date on which the person is required to first attend before the court.
(1B)  Subsection (1A) does not apply in relation to proceedings for an offence against the Work Health and Safety Act 2011 or the regulations under that Act.
(2)  (Repealed)
(3)  The order must specify the amount of costs payable.
(4)  For the purposes of this section, an accused person is taken to have been convicted if an order is made under Division 4 of Part 3 of the Children (Criminal Proceedings) Act 1987 or under section 10 of the Crimes (Sentencing Procedure) Act 1999. The order for costs may be in the order under the relevant section.
(5)  This section applies to all summary proceedings, including orders made in proceedings conducted in the absence of the accused person.

216   Costs on adjournment

(1)  A court may in any summary proceedings, at its discretion or on the application of a party, order that one party pay costs if the matter is adjourned.
(2)  An order may be made only if the court is satisfied that the other party has incurred additional costs because of the unreasonable conduct or delays of the party against whom the order is made.
(3)  The order must specify the amount of costs payable or may provide for the determination of the amount at the end of the proceedings.
(4)  An order may be made whatever the result of the proceedings.

217   Enforcement of costs orders

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

218   Public officers and police officers not personally liable for costs

(1)  A public officer or a police officer is entitled to be indemnified by the State for any costs awarded against the officer personally as the prosecutor in any criminal proceedings in a court in which the officer is acting in his or her capacity as a public officer or a police officer.
(2)  In this section:

public officer does not include a councillor or an employee of a council or any other person prescribed by the regulations for the purposes of this section.

Division 5 Rules

219   Rules

(1)  The Rule Committee may make rules for or with respect to the following matters:
(a)  service of court attendance notices, briefs of evidence and other documents,
(b)  endorsement of service of court attendance notices and other documents,
(c)  procedures for adjourning, relisting and notifying accused persons about alternative offences,
(d)  additional requirements for the form of warrants,
(e)  the circumstances in which a person may obtain copies of documents relating to criminal proceedings,
(f)  assessment of costs on adjournment,
(g)  the form of submissions to a court about disputed costs,
(h)  forms to be used under this Act.
(2)  A court may in proceedings for a summary offence, if of the opinion that it is in the interests of justice to do so, dispense with or vary a requirement of the rules.
(3)  For the purposes of subsection (2), the Local Court may make directions as to the conduct of proceedings.
(4)  The power conferred by subsection (2) does not extend to any rule declared by the rules to be mandatory.
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