1 Name of Act
2 Commencement
3 Definitions
4 Regulations and rules
4A Fees
5 Certain offences to be dealt with on indictment
6 Certain offences to be dealt with summarily
7 Certain summary offences may be dealt with by Local Court
8 Prosecution of indictable offences
9 Name in which prosecutions may be instituted
10 Indictment of bodies corporate
11 Description of offences
12 Short description of certain offences
13 Venue in indictment
14 Common informer
Part 2 Indictments and other matters
15 Application of Part
16 Certain defects do not affect indictment
17 When formal objections to be taken
18 Judgment on demurrer to indictment
19 Traversing indictment
20 Amendment of indictment
21 Orders for amendment of indictment, separate trial and postponement of trial
22 Amended indictment
23 Indictment may contain up to 3 similar counts
24 Accessories may be charged together in one indictment
25 Indictment charging previous offence also
26 Description of written instruments
27 Supreme Court rules may prescribe forms of indictments
Part 3 Criminal proceedings generally
28 Application of Part and definition
29 When more than one offence may be heard at the same time
30 Change of venue
31 Abolition of accused person’s right to make unsworn statement or to give unsworn evidence
32 Indemnities
33 Undertakings
34 Practice as to entering the dock
35 Right to inspect depositions on trial
36 Representation and appearance
36A Representation and appearance in penalty notice matters
37 Conduct of case
38 Hearing procedures to be as for Supreme Court
39 Recording of evidence
40 Adjournments generally
41 How accused person to be dealt with during adjournment
42 Witnesses in mitigation
43 Restitution of property
44 When case not to be proceeded with: accused person to be released from custody
Chapter 3 Indictable procedure
45 Application of Chapter and definitions
46 Jurisdiction of courts
Division 1 Commencement of proceedings
47 Commencement of committal proceedings by court attendance notice
48 Commencement of proceedings by police officer or public officer
49 Commencement of private prosecutions
50 Form of court attendance notice
51 (Repealed)
52 Service of court attendance notices
53 When proceedings commence
54 Attendance of accused person at proceedings
Division 2 Committal proceedings generally
55 Magistrate to conduct proceedings
56 Committal proceedings to be heard in open court
57 Part does not affect nature of committal proceedings
58 Place of hearing
59 Application of other procedural provisions to committal proceedings
60 Time for taking prosecution evidence
61 Discharge of accused person if prosecutor not present for taking of evidence
62 Prosecution evidence and initial determination
63 Where prosecution evidence sufficient to satisfy jury
64 Decision about committal
65 Committal
66 Discharge
67 Committal may be set aside by Magistrate
68 Accused person may waive committal hearing
69 Magistrate may end witnesses’ evidence
70 Certain evidence may not be excluded
Division 3 Prosecution evidence
71 Evidence to be taken in presence of accused person
72 Magistrate may excuse accused person from attending
73 Other circumstances in which evidence may be taken in absence of accused person
74 Prosecution evidence to be in written form
75 Written statements to be served on accused person
76 Recordings of interviews with vulnerable persons
77 When prosecution evidence may be given in other ways
78 Evidentiary effect of written statements
79 Form and requirements for written statements
80 Rules relating to written statements
81 Written statement must be signed by its maker or another person on the maker’s behalf
82 Written statement must be signed by witness
83 Presumptions about written statements
84 Presumptions about signatures
85 False statements
86 Evidence not to be admitted
87 Inadmissible written statements or parts of statements to be rejected
88 Death of person who made statement
89 Notice of rights to unrepresented accused person
90 Magistrate may set aside requirements for written statements
91 Witness may be directed to attend
92 When accused person may apply to have witness attend
93 Victim witnesses generally not to be directed to attend
94 Meaning of “offence involving violence”
95 Use of previous statements in cases involving prescribed sexual offences
96 Application of Division to proceedings where there is more than one accused person
97 Evidence for accused person
98 Other evidence about accused person
Division 5 Procedure if accused person pleads guilty
99 Effect of guilty plea
100 Guilty plea may be accepted or rejected
101 Effect of rejection of guilty plea
102 Effect of acceptance of guilty plea
103 Procedure applicable after committal for trial
104 Higher court may refer accused person back to Magistrate
105 Disposal of proceedings by higher court
106 Change to not guilty plea in higher court
107 Attorney General or Director of Public Prosecutions may direct that no further proceedings be taken
108 Meaning of “accused person”
Division 6 Procedure after committal for trial or sentence
109 Accused person to be committed to correctional centre
110 Bail undertakings and conditions to be notified
111 Papers to be sent to officer of higher court
112 Responsibilities of appropriate officer
113 Copies of trial papers to be given to Director of Public Prosecutions
114 Copies of transcripts of evidence and witnesses’ statements
115 Meaning of “accused person”
116 When costs may be awarded to accused persons
117 Limit on circumstances when costs may be awarded against a public officer
118 Costs on adjournment
119 Content of costs orders
120 Enforcement of costs orders
121 Definitions
122 Listing
123 Authority of Criminal Listing Director
124 Liaison
125 Certain matters not affected
Division 2 Commencement and nature of proceedings
126 Signing of indictments
127 Manner of presenting indictments
128 Directions as to indictments to be presented in District Court
129 Time within which indictment to be presented
130 Trial proceedings after presentation of indictment and before empanelment of jury
130A Pre-trial orders and orders made during trial bind trial Judge
131 Trial by jury in criminal proceedings
132 Trial by Judge in criminal proceedings
133 Verdict of single Judge
Division 3 Case management provisions and other provisions to reduce delays in proceedings
134 Purpose
135 Definitions
136 Directions for conduct of proceedings
137 Notice of prosecution case to be given to accused person
138 Notice of defence response to be given to prosecutor
139 Pre-trial hearings
140 Pre-trial conferences
141 Court may order pre-trial disclosure in particular case
142 Prosecution notice—court-ordered pre-trial disclosure
143 Defence response—court-ordered pre-trial disclosure
144 Prosecution response to defence response—court-ordered pre-trial disclosure
145 Dispensing with formal proof
146 Sanctions for non-compliance with pre-trial disclosure requirements
147 Disclosure requirements are ongoing
148 Court may waive requirements
149 Requirements as to notices
149A Copies of exhibits and other things not to be provided if impracticable
149B Personal details not to be provided
149C Requirements as to statements of witnesses
149D Exemption for matters previously disclosed
149E Court powers to ensure efficient management and conduct of trial
149F Miscellaneous provisions
Division 4 Pre-trial disclosure—general
150 Notice of alibi
151 Notice of intention to adduce evidence of substantial mental impairment
152 Arraignment on charge of previous conviction
153 Guilty plea to offence not charged
154 Plea of “not guilty”
155 Refusal to plead
156 Plea of autrefois convict
157 Change to guilty plea during trial
Division 6 Other provisions relating to trials
158 Transcript of statement in committal proceedings
159 Opening address to jury by accused person
160 Closing address to jury by accused person
161 Summary by Judge
162 Alternative verdict of attempt on trial for any indictable offence
163 No further prosecution after trial for serious indictable offence where alternative verdict possible
164 Joint trial in case of perjury
Division 7 Certain summary offences may be dealt with
165 Definitions and application
166 Certification and transfer of back up and related offences
167 Manner of dealing with back up and related offences
168 Procedures for dealing with certain offences related to indictable offences
169 Remission of certain offences related to indictable offences to Local Court
170 Application
171 Definitions
Part 2 Trial procedures in lower courts
Division 1 Commencement of proceedings
172 Commencement of proceedings by court attendance notice
173 Commencement of proceedings by police officer or public officer
174 Commencement of private prosecutions
175 Form of court attendance notice
176 (Repealed)
177 Service of court attendance notices
178 When proceedings commence
179 Time limit for commencement of summary proceedings
180 Relationship to other law or practice
181 Attendance of accused person at proceedings
Division 2 Pre-trial procedures
182 Written pleas
183 Brief of evidence to be served on accused person where not guilty plea
184 Exhibits
185 Recording of interviews with vulnerable persons
186 Form of copy of brief of evidence
187 When brief of evidence need not be served
188 Evidence not to be admitted
189 False statements
190 Time for hearing
191 Proceedings to be open to public
192 Procedures where both parties present
193 Procedure if offence admitted
194 Procedure if offence not admitted
195 How evidence is taken
196 Procedure if accused person not present
197 Adjournment when accused person not present
198 Absent accused person taken to have pleaded not guilty
199 Material to be considered when matter determined in absence of accused person
200 When court may require prosecution to provide additional evidence
201 Procedure if prosecutor or both parties not present
202 Determination by court
203 Additional powers to adjourn summary proceedings
204 Record of conviction or order to be made
205 Order dismissing matter to be made
206 Effect of certificate that matter has been dismissed
207 Power to set aside conviction or order before sentence
208 Dismissal of matter if matter withdrawn
209 Application of section 10 of the Crimes (Sentencing Procedure) Act 1999
210 Penalties applying to traffic offences committed by children
211 Definition
212 When costs may be awarded
213 When professional costs may be awarded to accused persons
214 Limit on award of professional costs to accused person against prosecutor acting in public capacity
215 When costs may be awarded to prosecutor
216 Costs on adjournment
217 Enforcement of costs orders
218 Public officers and police officers not personally liable for costs
219 Rules
Part 3 Attendance of witnesses and production of evidence in lower courts
220 Application
221 Definitions
222 Issue of subpoenas
223 Time for service of subpoenas
224 Conduct money
225 Limits on obligations under subpoenas
226 Production by non-party
227 Subpoena may be set aside
228 Inspection of subpoenaed documents and things
229 Action that may be taken if person does not comply with subpoena
230 Application of Bail Act 1978
231 Action that may be taken if witness refuses to give evidence
232 Rules relating to subpoenas
233 Application
234 Definition
235 When arrest warrants may be issued for accused persons
236 Form of arrest warrant
237 Duration of arrest warrants
238 Persons who may execute arrest warrant
239 Procedure after arrest
240 Revocation of warrants
Division 3 Warrants of commitment
241 Power to commit person to correctional centre subject to Bail Act 1978
242 Form of warrants of commitment
243 Procedure for taking person to correctional centre or other place
244 Defects in warrants of commitment
Part 5 Summary jurisdiction of Supreme Court and other higher courts
245 Summary jurisdiction of Supreme Court
Division 2 Appearance of accused persons
246 Orders for appearance or apprehension of accused persons
247 Notices to be given to prosecutor
248 Pre-trial procedure
249 Procedure where prosecutor does not, but accused person does, appear
250 Procedure where accused person does not obey order to appear
251 Procedure where both parties do not appear
252 Procedure where both parties appear
253 (Repealed)
254 Enforcement of fines and orders
255 Termination of lower court proceedings on commencement of proceedings under this Part
256 Effect of conviction under this Part
257 Rules for summary criminal procedure
257A Definition
257B When costs may be awarded to prosecutor
257C When professional costs may be awarded to accused person
257D Limit on award of professional costs against a prosecutor acting in a public capacity
257E Public officers and police officers not personally liable for costs
257F Costs on adjournment
257G Calculation of costs
Chapter 5 Summary disposal of indictable offences by Local Court
258 Objects of this Chapter
259 Offences to which this Chapter applies
260 Offences to be dealt with summarily unless election made to proceed on indictment
261 Procedure for dealing with offences summarily if no election made
262 Procedure for dealing with offences if election made
263 Time for making election
264 Election may be withdrawn
265 Criminal record to be given to person charged (Table 1 offences)
266 Regulations
267 Maximum penalties for Table 1 offences
268 Maximum penalties for Table 2 offences
269 Offences by children
270 No time limit for offences dealt with summarily under this Chapter
271 Effect of conviction
272 Application of Chapter
273 Jurisdiction of Magistrates in respect of offences arising under Part 4AD of Crimes Act 1900
274 Application
275 Definitions
275A (Repealed)
275B Witness with communication difficulty entitled to assistance from person or communication aid
276 Proof of service of notice to produce
277 Stealing goods from vessel or wharf
278 Incriminating statements admissible though on oath
279 Compellability of spouses to give evidence in certain proceedings
280 Disclosure of address or telephone number of witness
281 Admissions by suspects
281A Definitions
281B Sensitive evidence—meaning
281C Accused person not entitled to copy of sensitive evidence
281D Procedures for giving access to sensitive evidence to accused person
281E Prosecuting authority entitled to retain possession of sensitive evidence
281F Improper copying or circulation of sensitive evidence
Part 3 Medical examinations and law enforcement devices
282 Medical examinations
283 Law enforcement devices
Part 4 Depositions and written statements
284 Depositions by persons dangerously ill
285 Depositions tendered by prosecution
286 Depositions tendered by accused person
287 Evidentiary effect of certain transcripts
288 Depositions taken during pre-trial investigations
289 Written statements admitted in committal proceedings
Part 4A Use of random sample evidence
289A Definitions
289B Use of random sample evidence in child abuse material cases
Part 5 Evidence in sexual offence proceedings
Division 1 Evidence in certain sexual offence proceedings
290 Application
290A Definitions
291 Proceedings must be held in camera when complainant gives evidence
291A Other parts of proceedings may be heard in camera
291B Incest offence proceedings to be held entirely in camera
291C Media access to proceedings held in camera
292 Publication of evidence may be forbidden in certain cases
293 Admissibility of evidence relating to sexual experience
294 Warning to be given by Judge in relation to lack of complaint in certain sexual offence proceedings
294AA Warning to be given by Judge in relation to complainants’ evidence
294A Arrangements for complainant in prescribed sexual offence proceedings giving evidence when accused person is unrepresented
294B Giving of evidence by complainant in prescribed sexual offence proceedings—alternative arrangements
294C Complainant entitled to have support person or persons present when giving evidence
294D Protections afforded to complainants extend to witnesses against whom accused person is alleged to have committed sexual offence
Division 2 Sexual assault communications privilege
295 Interpretation
296 What is a protected confidence?
297 Evidence of sexual assault communications not to be required to be produced, or adduced in or in connection with, preliminary criminal proceedings
298 Evidence of sexual assault communications may be required to be produced in, or in connection with, criminal proceedings, or adduced, with leave
299 Notice required before evidence is produced for inspection or adduced
300 Effect of consent
301 Loss of sexual assault communications privilege: misconduct
302 Ancillary orders
303 Court to inform of rights to make applications and objections
304 Court may inspect documents
305 Inadmissibility of evidence that must not be adduced or given
306 Application of common law
Division 3 Special provisions relating to retrials of sexual offence proceedings
306A Definitions
306B Admission of evidence of complainant in new trial proceedings
306C Complainant not compellable to give further evidence
306D Complainant may elect to give further evidence
306E Form in which record of original evidence of complainant is to be tendered
306F Access to audio visual or audio recording
306G Exhibits may also be tendered
Division 4 Special provisions relating to subsequent trials of sexual offence proceedings
Note
306H Definitions
306I Admission of evidence of complainant in new trial proceedings
306J Whether complainant compellable to give further evidence
306K Complainant may elect to give further evidence
306L Application of provisions dealing with form of record of original evidence, access to recordings and exhibits
Part 6 Giving of evidence by vulnerable persons
306M Definitions
306N Words and expressions used in Evidence Act 1995
306O Relationship to Evidence Act 1995
306P Application of Part
Division 2 Recording of out of court statements
306Q Regulations may require interviews with vulnerable persons to be recorded
Division 3 Giving evidence of out of court representations
306R Evidence to which this Division applies
306S Ways in which evidence of vulnerable person may be given
306T Wishes of vulnerable person to be taken into account
306U Vulnerable person entitled to give evidence in chief in form of recording
306V Admissibility of recorded evidence
306W Alternative arrangements for giving evidence
306X Warning to jury
306Y Evidence not to be given in form of recording if contrary to interests of justice
306Z Transcripts of recordings
Division 4 Giving of evidence by closed-circuit television
306ZA Application of Division
306ZB Vulnerable persons have a right to give evidence by closed-circuit television
306ZC Accused vulnerable persons may be allowed to give evidence by closed-circuit television
306ZD Giving evidence by closed-circuit television
306ZE Giving identification evidence when closed-circuit television is used
306ZF Proceedings may be moved to allow use of closed-circuit television facilities
306ZG Use of closed-circuit television or similar technology
306ZH Vulnerable persons have a right to alternative arrangements for giving evidence when closed-circuit television facilities not available
306ZI Warning to jury
306ZJ Validity of proceedings not affected
306ZK Vulnerable persons have a right to presence of a supportive person while giving evidence
306ZL Vulnerable persons have a right to alternative arrangements for giving evidence when accused is unrepresented
306ZM Court orders
306ZN General discretion of court not affected
306ZO Regulations
306ZP Rules of court
307 No court fees to be taken from accused persons
308 Witnesses neglecting to attend trial captured under warrant may be admitted to bail
309 Certificate as to indictment
309A Certificate may be issued to victim of identity crime
310 Warrants that may be issued on production of certificate
311 Procedure after arrest
312 Persons arrested under bench warrants
313 Warrants
314 Media access to court documents
314A Review of pre-trial disclosure provisions enacted by Criminal Procedure Amendment (Case Management) Act 2009
315 Savings, transitional and other provisions
316 Provisions relating to offences
317 Bail Act 1978 to prevail
317A Courts to deal expeditiously with persons arrested for sentencing
318–331(Repealed)
Part 3 Penalty notice offences
332 Definitions
333 Police may issue penalty notices for certain offences
334 Penalty notices
335 Penalty notices may not be issued to children
336 Penalty notice offences
337 Penalties
338 Effect of payment of penalty
339 Limitation on exercise of penalty notice powers
340 Withdrawal of penalty notice
341 Powers relating to identity
342 Effect of Part on other procedures and powers
343 Limited implementation of penalty notice provisions
344 Monitoring of Part by Ombudsman
344A Further review by Ombudsman—Aboriginal and Torres Strait Islander communities
Note
345 Objects
346 Definitions
Division 2 Intervention programs
347 Declaration and regulation of intervention programs
348 Offences in respect of which an intervention program may be conducted
349 Eligibility of certain persons to participate in intervention program
Division 3 Adjournment of criminal proceedings in connection with intervention program
350 Court may adjourn proceedings to allow accused person to be assessed for or to participate in intervention program
351 Regulations with respect to the provision or disclosure of information in connection with intervention programs
352 Relationship with other legislation
Schedule 1 Indictable offences triable summarily
Schedule 2 Savings, transitional and other provisions