1 Name of Act
2 Commencement
3 Definitions
4 Consequences of abolition of office of Clerk of the Peace
5 Regulations
6 Savings, transitional and other provisions
7 Certain offences to be dealt with on indictment
8 Certain offences to be dealt with summarily
9 Certain summary offences may be dealt with by Local Courts
10 Prosecution of indictable offences
11 Jurisdiction of courts
12 Certain matters not affected
13 Change of venue
14 Definition and application
15 Trial by jury in criminal proceedings
16 Trial by Judge in criminal proceedings
17 Verdict of single Judge
Division 3 Summary disposal of indictable offences by Local Courts
18 Objects of this Division
19 Indictable offences to which this Division applies
20 Offences to be dealt with summarily unless election made to proceed on indictment
21 Procedure for dealing with offences summarily if no election made
22 Procedure for dealing with offences if election made
23 Time for making election
24 Election may be withdrawn
25 Information to be given to person charged (Table 1 offences)
26 Regulations
27 Maximum penalties for Table 1 offences
28 Maximum penalties for Table 2 offences
29 Jurisdiction of Local Court
30 Offences by children
31 No time limit for offences dealt with summarily under this Part
32 Effect of conviction
33 Application of Part and continued application of certain provisions
34 Jurisdiction of Magistrates in respect of offences arising under Division 2 of Part 4 of Crimes Act 1900
35 Definitions and application
36 Certification of back up and related offences
37 Manner of dealing with certain offences related to indictable offences
38 Procedures for dealing with certain offences related to indictable offences
39 Remission of certain offences related to indictable offences to Local Courts
40 Definitions
41 Listing
42 Listing for mention following committal for trial
43 Authority of Criminal Listing Director
44 Liaison
45 Certain matters not affected
Division 2 Indemnities and undertakings
46 Indemnities
47 Undertakings
Division 3 Pre-trial defence disclosure
48 Notice of alibi
49 Notice of intention to adduce evidence of substantial mental impairment
Division 4 Institution of proceedings
50 Signing of indictments
51 Name in which prosecutions may be instituted
52 Directions as to indictments to be presented in the District Court
53 Institution of contempt proceedings
54 Supreme Court or District Court may require indictment to be presented
55 Common informer
56 Trial proceedings after presentation of indictment and before empanelment of jury
Division 5 Form of indictments
57 Application of Division
58 Certain defects do not affect indictment
59 Indictment of bodies corporate
60 Venue in indictment
61 When formal objections to be taken
62 Judgment on demurrer to indictment
63 Traversing indictment
64 Orders for amendment of indictment, separate trial and postponement of trial
65 Amended indictment
66 Indictment may contain up to 3 similar counts
67 Accessories may be charged together in one indictment
68 Indictment charging previous offence also
69 Description of written instruments
70 General averment of intent to defraud or injure
71 Indecent assault
72 Partners and partnership property
73 Where not necessary to allege particular ownership
74 Stealing and receiving in one indictment
75 Separate receivers may be charged in one indictment
76 Allegations in indictment as to money or securities stolen
77 Indictment for stealing by tenants
78 Indictment for stealing deeds
79 Indictment for larceny by public servant, property to be described as property of the State
80 Description in indictment for engraving
81 Indictment for sale of counterfeit coin
82 Indictment for perjury
83 Indictment for conspiracy
84 Procedures regarding obscene or blasphemous libel
85 Supreme Court rules may prescribe forms of indictments
86 Arraignment on charge of previous conviction
87 Guilty plea to offence not charged
88 Plea of “not guilty”
89 Refusal to plead
90 Plea of autrefois convict
91 Change to guilty plea during trial
Part 4 Criminal procedure generally
Division 1 Application of Part
92 Application of Part
Division 2 General trial procedure
93 Practice as to entering the dock
94 Right to inspect depositions on trial
95 Abolition of an accused person’s right to make unsworn statement or to give unsworn evidence
96 Accused person may be defended by counsel
97 Opening address to jury by accused person
98 Closing address to jury by accused person
99 Summary by Judge
100 Witnesses in mitigation
Division 3 Evidentiary provisions
101 Proof of service of notice to produce
102 Stealing goods from vessel or wharf
103 Incriminating statements admissible though on oath
104 Compellability of spouses to give evidence in certain proceedings
105 Admissibility of evidence relating to sexual experience
106 Disclosure of address or telephone number of witness
107 Warning to be given by Judge in relation to lack of complaint in certain sexual offence proceedings
108 Admissions by suspects
Division 4 Medical examinations and law enforcement devices
109 Medical examinations
110 Law enforcement devices
Division 5 Depositions and written statements
111 Depositions by persons dangerously ill
112 Depositions tendered by prosecution
113 Depositions tendered by accused person
114 Evidentiary effect of certain transcripts
115 Depositions taken during pre-trial investigations
116 Written statements admitted in committal proceedings
Division 6 Restrictions on disclosure of evidence in certain sexual offence proceedings
117 Application of Division
118 Proceedings in camera in certain cases
119 Publication of evidence may be forbidden in certain cases
120 No court fees to be taken from accused persons
121 Witnesses neglecting to attend trial captured under warrant may be admitted to bail
122 On trial for perjury: presumption of authority to administer oath
123 Joint trial in case of perjury
124 Alternative verdict of attempt on trial for any indictable offence
125 No further prosecution after trial for serious indictable offence where alternative verdict possible
126 Restitution of property
127 When case not to be proceeded with: accused person to be released from custody
Part 5 Proceedings for treason and related offences
128 Definitions
129 Time within which prosecution to be commenced and warrant issued for treason-related offence
130 More than one act may be charged in indictment for treason-related offence
131 Indictment for treason-related offence valid though facts may amount to treason
132 Procedure for treason to be as for murder
Part 6 Police custody of property
133 Application of this Part
134 Disposal of property on application
135 Disposal of property after determination of proceedings
136 Application to Treasurer for recovery of money or proceeds of sale
137 Which is the appropriate court for the purposes of this Part?
138 No restriction on other orders of a court
139 Definitions
140 What procedure applies if there is no dispute as to the ownership of the livestock and the owner is known?
141 What procedure applies if there is no dispute as to the ownership of the livestock but the owner is not known?
142 What procedure applies if there is a dispute as to the ownership of the livestock?
143 Disposition of benefit derived from livestock
144 Notification of right to recover proceeds of sale
145 Application to Treasurer for recovery of proceeds of sale
146 Relationship with Division 1
Part 7 Sexual assault communications privilege
147 Interpretation
148 What is a protected confidence?
149 Evidence of sexual assault communications not to be required to be produced, or adduced in or in connection with, preliminary criminal proceedings
150 Evidence of sexual assault communications may be required to be produced in, or in connection with, criminal proceedings, or adduced, with leave
151 Notice required before evidence is produced for inspection or adduced
152 Effect of consent
153 Loss of sexual assault communications privilege: misconduct
154 Ancillary orders
155 Court to inform of rights to make applications and objections
156 Court may inspect documents
157 Inadmissibility of evidence that must not be adduced or given
158 Application of Part
159 Application of common law
160–180(Repealed)
Schedule 1 Indictable offences triable summarily