(1) This section applies to criminal proceedings in any court in respect of any offence.(2) Despite subsection (1), this section does not apply to:(a) proceedings for a summary offence for which a penalty notice has been issued as referred to in section 20 of the Fines Act 1996, but in respect of which the accused person has elected to have the matter dealt with by a court under section 36 of that Act, or(b) proceedings that are brought in a court for the purpose of appealing against, or obtaining a review of, some other court’s order or decision in proceedings for a summary offence.(3) No court fees are payable:(a) for the issuing of any process on behalf of the accused person, or(b) for the recording of any appearance or plea made by the accused person,in connection with criminal proceedings to which this section applies.
If a person bound by a bail undertaking, or served with a subpoena, to attend as a witness in any court at a trial:(a) fails to appear when called in open court, either at such trial, or on the day appointed for such trial, and(b) is arrested under a warrant issued by the court,bail may be taken before any authorised officer for his or her appearance at the trial.
(1) If an indictment has been filed in the Supreme Court or the District Court against any person not in custody, the proper officer of the Court must, if the person indicted fails to appear and plead to the indictment at any time during the sittings of the Court, issue a certificate that the indictment has been filed.(2) The certificate may only be issued on the application of the prosecutor or a person applying on the prosecutor’s behalf.
(1) The Local Court may issue a certificate under this section if satisfied, on the balance of probabilities, that:(a) an identity offence has been committed, and(b) the certificate may assist with problems the offence has caused in relation to the victim’s personal or business affairs.(2) For the purposes of this section, the victim of an identity offence is any person whose identification information is the subject of the offence.(3) A certificate under this section is to:(a) identify the victim of the offence, and(b) describe the manner in which identification information relating to the victim was used to commit the offence.(4) The certificate may contain such other information as the Local Court considers appropriate.(5) The certificate is not to identify the perpetrator or any alleged perpetrator of the offence.(6) The Local Court may issue a certificate under this section whether or not:(a) the perpetrator of the offence is identifiable, or(b) any criminal proceedings have been or can be taken against a person in respect of the offence, or are pending.(7) The Local Court may issue a certificate under this section on the court’s own initiative or on application by the victim of the offence.(8) The certificate is not admissible in any criminal proceedings in relation to the offence.(9) The powers conferred by this section on the Local Court may also be exercised by the Supreme Court or the District Court during any proceedings before that Court for the alleged identity offence concerned or on the disposal of any such proceedings.(10) In this section:
identification information has the same meaning as it has in Part 4AB of the Crimes Act 1900.
identity offence means an offence against Part 4AB of the Crimes Act 1900.
(1) If the certificate under section 309 is produced to a Magistrate or an authorised officer, the Magistrate or authorised officer may issue a warrant under this section.(2) If the person who has been indicted is imprisoned or otherwise in custody in relation to another offence, the Magistrate or authorised officer may issue a warrant directed to the person who has custody of the person requiring the person to be detained until the person is removed from custody for trial or otherwise lawfully removed or discharged from custody.(3) The warrant must not be issued unless proof on oath is given that the person who is in custody is the person who has been indicted.(4) If the person who has been indicted is not in custody, the Magistrate or authorised officer may issue a warrant to arrest the person.(5) Part 4 of Chapter 4 applies to a warrant issued under this section.
(1) A person who is arrested under a warrant issued under section 310 must be brought before a Magistrate or an authorised officer as soon as practicable.(2) The Magistrate or authorised officer must, if bail is not dispensed with or granted:(a) by warrant commit the accused person to a correctional centre or other place of security, and(b) order the person to be brought before the Supreme Court or District Court for trial.(3) The Magistrate or authorised officer must give notice of the specified time and place to the prosecutor.(4) Part 4 of Chapter 4 applies to a warrant of commitment issued under this section.
(1) A Magistrate, an authorised officer or authorised justice (within the meaning of the Bail Act 1978) before whom a person is brought after having been arrested under a bench warrant issued by a Judge in criminal proceedings must, if bail is not dispensed with or granted:(a) by warrant commit the person to a correctional centre or other place of security, and(b) order the person to be brought before the court out of which the bench warrant was issued in accordance with the terms of the warrant.(2) The Bail Act 1978 applies to the person (not being an accused person) in the same way as it applies to an accused person and, for that purpose, bail may be granted to the person with respect to the period between:(a) the person’s being committed under this section, and(b) the person’s being brought before the court out of which the bench warrant was issued.(3) In this section:
Judge includes a Magistrate, a Children’s Court Magistrate, the President or a judicial member of the Industrial Relations Commission and an Industrial Magistrate and any other person of a class prescribed for the purposes of this definition.
(1) A printed representation of a seal or signature on a warrant issued under this Act or any other Act is sufficient to comply with a requirement under this or any other Act that a warrant be sealed or signed.(2) A copy of a warrant issued under this Act or any other Act (being a copy produced by means of a photographic or electronic process or facsimile transmission) is:(a) as valid and effectual as the original warrant, and(b) confers the same functions as the original warrant.
(1) On application to the registrar, a media representative is entitled to inspect any document relating to criminal proceedings, at any time from when the proceedings commence until the expiry of 2 working days after they are finally disposed of, for the purpose of compiling a fair report of the proceedings for publication.(2) The documents that a media representative is entitled to inspect under this section are copies of the indictment, court attendance notice or other document commencing the proceedings, witnesses’ statements tendered as evidence, brief of evidence, police fact sheet (in the case of a guilty plea), transcripts of evidence and any record of a conviction or an order.(3) The registrar is not required to make documents available for inspection if the documents are not in the possession or control of the registrar.(4) The registrar must not make documents available for inspection if:(a) the proceedings are subject to an order prohibiting their publication or a suppression order, or(b) the documents are prohibited from being published or disclosed by or under any other Act or law.(4A) This section does not limit the operation of any other Act or law under which a person may be permitted to inspect documents relating to criminal proceedings.(5) (Repealed)
314A Review of pre-trial disclosure provisions enacted by Criminal Procedure Amendment (Case Management) Act 2009
(1) The Attorney General is to review the provisions of Division 3 of Part 3 of Chapter 3 as enacted by the Criminal Procedure Amendment (Case Management) Act 2009 to determine:(a) whether they have been effective in reducing delays in proceedings on indictment, and(b) the cost impacts of the procedures.(2) The review is to be undertaken as soon as possible after the period of 24 months after the commencement of this section.(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of that 24-month period.
Schedule 2 has effect.
Schedule 3 has effect.
317 Bail Act 1978 to prevail
Except where expressly provided, the Bail Act 1978 prevails to the extent of any inconsistency between that Act and this Act.
A court that issues a warrant for the arrest of a person to be brought before the court for sentencing must, after the person is arrested and brought before the court, deal with the proceedings as expeditiously as possible.