This Act may be cited as the Criminal Procedure Act 1986.
(1) Sections 1 and 2 shall commence on the date of assent to this Act.(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.
(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:apprehended violence order has the same meaning as it has in Part 15A of the Crimes Act 1900, and includes an interim apprehended violence order made under that Part.
committal proceedings means a hearing before a Magistrate (or one or more justices) for the purpose of deciding whether a person charged with an indictable offence should be committed for trial or sentence.
court means:
(a) the Supreme Court, the Court of Criminal Appeal, the Land and Environment Court, the Industrial Relations Commission, the District Court or a Local Court, or(b) any other court that, or person who, exercises criminal jurisdiction,but, subject to the Children (Criminal Proceedings) Act 1987, does not include the Children’s Court or any other court that, or person who, exercises the functions of the Children’s Court.indictable offence means an offence (including a common law offence) that may be prosecuted on indictment.
offence means an offence against the laws of the State.
prescribed sexual offence means:
(a) an offence under section 61I, 61J, 61K, 61L, 61M, 61N, 61O, 65A, 66A, 66B, 66C, 66D, 66F, 78H, 78I, 78K, 78L or 80A of the Crimes Act 1900, or(b) an offence that includes the commission, or an intention to commit, an offence referred to in paragraph (a), or(c) an offence that, at the time it was committed, was a prescribed sexual offence for the purposes of this Act or the Crimes Act 1900, or(d) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraph (a), (b) or (c).prescribed summary offence has the same meaning as in the Director of Public Prosecutions Act 1986.
prosecuting authority means the Director of Public Prosecutions or other person responsible for the conduct of a prosecution.
regulations means regulations under this Act.
summary offence means an offence that is not an indictable offence.
(2) In this Act:(a) a reference to a function includes a reference to a power, authority and duty, and(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.
4 Consequences of abolition of office of Clerk of the Peace
(1) The registry functions of the abolished office of the Clerk of the Peace are the functions of the registrars and other officers of the Supreme Court or the District Court.(2) Subsection (1) has effect subject to this Act and any other Act and, in particular, does not affect the functions of the Criminal Listing Director.(3) A reference in any other Act, in any instrument made under any Act or in any other instrument of any kind to the Clerk of the Peace shall be read as a reference to such person or persons as may be prescribed.
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
6 Savings, transitional and other provisions
Schedule 2 has effect.