Contents (1900 - 40)
Crimes Act 1900 No 40
Status information

Long title

Part 1 Preliminary and interpretation

Short title and division into Parts

1 Name of Act and contents of Act

Repeals and savings

2 Repeals and savings

Application of certain sections and Parts

3 Application of certain Parts of Act

Interpretation

4 Definitions
5 Maliciously
6 Month
7 “Possession” when criminal
8 “Public place” etc
9 What offences felonies
10 What offences misdemeanours

Part 2 Offences against the Sovereign

Treason–felony

11 Provisions of 36 Geo III, c 7 , and 57 Geo III, c 6 , repealed except as to offences against the person of the Sovereign
12 Compassing etc deposition of the Sovereign—overawing Parliament etc
13 Time within which prosecution shall be commenced and warrant issued
14 In informations more than one overt act may be charged
15 Information for such felonies valid though the facts may amount to treason
16 Nothing herein to affect 25 Ed III, c 2
16A Procedure in cases of treason

Part 3 Offences against the person

Homicide

17 (Repealed)
18 Murder and manslaughter defined
19 Murder—punishment
20 Child murder—when child deemed born alive
21 Child murder by mother—verdict of contributing to death etc
22 Trial for child murder—verdict of concealment of birth
22A Infanticide
23 Trial for murder—provocation
23A Diminished responsibility
24 Manslaughter—punishment
25 Trial where the death or cause of death occurs out of New South Wales

Conspiracy to murder

26 Conspiring to commit murder

Attempts to murder

27 Acts done to the person with intent to murder
28 Acts done to property with the like intent
29 Certain other attempts to murder
30 Attempts to murder by other means

Letters threatening to murder

31 Letters threatening to murder

Suicide

31A Suicide and attempt to commit suicide
31B Survivor of suicide pact
31C Aiding etc suicide

Acts causing danger to life or bodily harm

32 Impeding endeavours to escape shipwreck
32A Destruction of aircraft
32B Assault etc on member of crew of aircraft
32C Threats to destroy aircraft or other conveyances
33 Wounding etc with intent to do bodily harm or resist arrest
33A Discharging loaded arms with intent
33B Use of weapon to resist arrest etc
34 Feloniously wounding—verdict of minor offence
35 Malicious wounding or infliction of grievous bodily harm
36 (Repealed)
37 Attempts to choke etc (garrotting)
38 Using chloroform etc to commit an offence
39 Using poison etc so as to endanger life
40 On trial for poisoning—verdict of minor offence
41 Administering poison etc with intent to injure or annoy
41A Poisoning etc of water supply
42 Injuries to child at time of birth
43 Exposing or abandoning child under two
44 Not providing wife, child or servant with food etc
45 (Repealed)
46 Causing bodily injury by gunpowder etc
47 Using etc explosive substance or corrosive fluid etc
48 Placing gunpowder near a building etc
49 Setting trap etc
50 Placing wood etc on a railway
51 Casting stone etc on a railway carriage
52 Endangering passengers on railway
52A Culpable driving
52B Culpable navigation
53 Injuries by furious driving etc
54 Causing grievous bodily harm

Possessing or making explosives, &c, with intent to injure the person

55 Possessing etc gunpowder etc with intent to injure the person

Assaults upon clergymen, officers, and others

56 Obstructing clergyman in discharge of his duties
57 Assault on persons preserving wreck
58 Assault with intent to commit felony on certain officers
59 Assault occasioning actual bodily harm
60 Assault by husband on wife

Common assaults

61 Common assault prosecuted by indictment

Offences in the nature of rape, offences relating to other acts of sexual assault, &c

61A Definition of sexual intercourse etc
61B Sexual assault category 1—inflicting grievous bodily harm with intent to have sexual intercourse
61C Sexual assault category 2—inflicting actual bodily harm etc with intent to have sexual intercourse
61D Sexual assault category 3—sexual intercourse without consent
61E Sexual assault category 4—indecent assault and act of indecency
61F Attempt to commit offence under section 61B, 61C, 61D or 61E
61G Alternative verdicts
62 Carnal knowledge—proof
63 Common law offences of rape and attempted rape abolished
64 Trial for rape—verdict of carnal knowledge
65 (Repealed)
66 Procuring etc carnal knowledge by fraud
66A Sexual intercourse—child under 10
66B Attempting, or assaulting with intent, to have sexual intercourse with child under 10
66C Sexual intercourse—child between 10 and 16
66D Attempting, or assaulting with intent, to have sexual intercourse with child between 10 and 16
66E Alternative verdicts
67, 68 (Repealed)
69 Trial for carnal knowledge—girl in fact over 10
70 Trial for carnal knowledge—verdict of assault with intent
71, 72 (Repealed)
72A Carnal knowledge of idiot or imbecile
73 Carnal knowledge by teacher etc
74 Attempts
75 Alternative charge
76, 76A (Repealed)
77 Consent no defence in certain cases
77A Proceedings in camera in certain cases
78 Limitation
78A Incest
78B Incest attempts
78C Defences
78D Removal from guardianship etc
78E Rape or attempt—verdict of incest or attempt
78F Sanction of Attorney-General
78G Definition of “homosexual intercourse” for sections 78H–78Q
78H Homosexual intercourse with male under 10
78I Attempt, or assault with intent, to have homosexual intercourse with male under 10
78J Trial for homosexual intercourse offence—male in fact between 10 and 18
78K Homosexual intercourse with male between 10 and 18
78L Attempt, or assault with intent, to have homosexual intercourse with male between 10 and 18
78M Homosexual intercourse with idiot or imbecile
78N Homosexual intercourse by teacher etc
78O Attempt, or assault with intent, to have homosexual intercourse with pupil etc
78P Alternative charge
78Q Acts of gross indecency
78R Consent no defence in certain cases
78S Proceedings in camera in certain cases
78T Limitations
79 Bestiality
80 Attempt to commit bestiality
81–81B (Repealed)

Misconduct with regard to corpses

81C Misconduct with regard to corpses

Attempts to procure abortion

82 Administering drugs etc to herself by woman with child
83 Administering drugs etc to woman with intent
84 Procuring drugs etc

Concealing birth of a child

85 Concealment of birth

Abduction

86 Abduction of woman against her will
87 The like against the will of parent etc
88 In such cases property of woman to remain hers
89 Forcible abduction of a woman
90 Abduction of girl under 16
90A Kidnapping
91 Taking child with intent to steal etc
91A Procuring etc
91B Procuring person by drugs etc
91C, 91D (Repealed)

Bigamy

92 Bigamy
93 Participator in bigamy

Part 3A

93A–93I(Repealed)

Part 4 Offences relating to property

Chapter 1 Stealing and like offences

GENERAL

93J Property previously stolen

ROBBERY

94 Robbery or stealing from the person
95 Same with striking
96 Same with wounding
97 Robbery etc or stopping a mail, being armed or in company
98 Robbery with arms etc and wounding

EXTORTION, &c, BY MENACE OR THREAT

99 Demanding money with intent to steal
100 Letter demanding money etc with menaces
100A Blackmail by threat to publish etc
101 Threatening letters
102 Accusing or threatening to accuse of crime to extort money etc
103 Causing a person by violence or threats to execute deeds etc
104 Term “infamous crime” defined
105 Menace may be of violence or accusation etc

SACRILEGE AND HOUSEBREAKING

106 Breaking and entering place of Divine worship and committing felony
107 The like with intent to commit felony
108 (Repealed)
109 Entering with intent, or stealing etc in dwelling-house and breaking out
110 Breaking, entering and assaulting with intent to murder etc
111 Entering dwelling-house in the night
112 Breaking etc into any house etc and committing felony
113 Breaking etc into any house etc with intent to commit felony
114 Being armed etc with intent to commit offence
115 The like after a previous conviction

LARCENY

Declaratory

116 All larcenies to be of same nature

General provisions

117 Punishment for larceny
118 Intent to return property no defence
119 Verdict where several takings proved
120 Trial for larceny—verdict of embezzlement etc
121 Verdict of “larceny or receiving”
122 Verdict where persons indicted for joint larceny or receiving
123 Verdict of misdemeanour
124 Fraudulent appropriation

Larceny by bailees

125 Larceny by bailee

Of animals

126 Stealing cattle or killing with intent to steal
127 Stealing or killing cattle—uncertainty as to sex or age not to entitle to acquittal
128 Trial for stealing cattle—verdict of stealing skins
129 Trial for killing cattle—verdict of stealing
130 Trial for stealing cattle—verdict of misdemeanour
131 Unlawfully using etc another person’s cattle
132 Stealing dogs
133 Taking money to restore dogs

Of written instruments

134 Stealing, destroying etc valuable security
135 Stealing, destroying etc wills or codicils
136 Proviso to sections 134 and 135
137 Civil remedies not affected by conviction
138 Stealing, destroying etc records etc of any court or public office

Of things attached to or growing on land

139 Stealing etc metal, glass, wood etc fixed to house or land
140 Stealing etc trees etc in pleasure-grounds
141–143 (Repealed)

From mines

144 Stealing ore of metal, coal etc
145 Miners removing ore with intent to defraud
146 Concealing royalty
147 Fraud on partners in mines etc

In dwelling-house

148 Stealing property in a dwelling-house
149 The same with menaces

Of goods in process of manufacture, tools, &c

150 Stealing goods in process of manufacture
151 Selling etc materials to be manufactured

From ships or wharfs

152 Stealing from ship in port or on wharfs etc
153 Stealing from ship in distress or wrecked

By tenants or lodgers

154 Tenants etc stealing articles let to hire

Of vehicles or boats

154A Taking a conveyance without consent of owner

Larceny and illegal use of aircraft

154B Stealing aircraft and unlawfully taking or exercising control of aircraft

Of electricity

154C Malicious or fraudulent abstraction, waste etc of electricity

EMBEZZLEMENT OR LARCENY

By clerks and servants

155 Definition of clerk or servant
156 Larceny by clerks or servants
157 Embezzlement by clerks or servants
158 Destruction, falsification of accounts etc by clerk or servant

By persons employed in the Public Service

159 Larceny by persons in Public Service
160 Embezzlement etc by persons in the Public Service

General deficiency

161 Proof of general deficiency in accounts

By joint owners

162 Larceny etc by joint owners

Alternative verdict

163 Trial for embezzlement—verdict of larceny

FRAUDS BY FACTORS AND OTHER AGENTS

164 Terms “agents”, “intrusted” and “misappropriate”
165 Agent misappropriating money etc intrusted to him
166 The like as to goods etc intrusted to him
167 Not to affect trustees or mortgagees nor to restrain agents from receiving money on valuable securities etc
168 Fraudulent sale of property by agent
169 The same by person under power of attorney
170 Agent obtaining advances on property of his principal
171 What to be deemed intrusting with goods etc
172 Trustees fraudulently disposing of property
173 Directors etc fraudulently appropriating etc property
174 Directors etc omitting certain entries
175 Director etc wilfully destroying etc books of company etc
176 Director or officer publishing fraudulent statements
176A Directors etc cheating or defrauding
177 Proviso to sections 165 to 176 inclusive
178 No relief from compulsory disclosures

FRAUDULENT MISAPPROPRIATION

178A Fraudulent misappropriation of moneys collected or received

VALUELESS CHEQUES

178B Valueless cheques

OBTAINING MONEY, ETC, BY DECEPTION

178BA Obtaining money etc by deception

OBTAINING MONEY, ETC, BY FALSE OR MISLEADING STATEMENTS

178BB Obtaining money etc by false or misleading statements

OBTAINING CREDIT BY FRAUD

178C Obtaining credit by fraud

FALSE PRETENCES

179 False pretences etc
180 Causing payment etc by false pretence etc
181 False pretence of title
182 Accused may be convicted on a charge of false pretences etc though property obtained partly by a false promise
183 Trial for false pretences etc—verdict of larceny
184 Fraudulent personation
185 Inducing persons by fraud to execute instruments

Fraudulent arrangements

185A Inducing persons to enter into certain arrangements by misleading etc statements etc

CORRUPT REWARDS

186 Taking reward for helping to recover stolen property

RECEIVERS

187 Term “stealing” in sections 188 and 189
188 Receiving etc where principal guilty of felony
189 Receiving etc where principal guilty of misdemeanour
189A Receiving etc goods stolen out of New South Wales
189B Prosecution under section 188 or 189 where property stolen in course of transmission
190 Receiving etc cattle feloniously killed, or carcass etc
191 Uncertainty as to sex or age not to entitle to acquittal
192 Receiving material or tools intrusted for manufacture
193 Verdict where several persons are indicted for jointly receiving

Chapter 2 Malicious injuries to property

Declaratory and general

194 Ownership and possession of property injured
195 Actual malice

Injuries to buildings, &c, by fire

196 Setting fire to dwelling etc knowing person therein
197 Setting fire to dwelling etc a person being therein or to a church
198 Setting fire to certain other buildings etc
199 Setting fire to railway station or public building
200 Setting fire to other buildings
201 Setting fire to things in or adjacent to buildings etc
202 Attempt to set fire to buildings etc

Injuries to buildings by explosive substances

203 Destroying or damaging a house etc with gunpowder
204 Attempting to destroy building etc with gunpowder

Offences relating to aircraft

204A Acts prejudicial to safe operation of aircraft
204B Acts endangering safety of aircraft
204C Dangerous article on aircraft
204D Threat to destroy etc aircraft
204E False information as to plan etc to prejudice safety of aircraft or persons thereon

Injuries to buildings by rioters

205 Rioters demolishing buildings or machinery
206 Riotous demolition—alternative verdict
207 Rioters injuring building etc

Injuries to buildings by tenants

208 Tenants maliciously injuring houses

Injuries to manufactures, machinery, &c

209 Injuring machinery or goods in process of manufacture
210 Injuring agricultural and other machines

Injuries to corn, hay-stacks, trees, &c

211 Setting fire to crops
212 Setting fire to stacks etc
213 Setting fire to fences
214 Attempts to set fire to such things
215 Destroying hopbinds, vines etc
216–219 (Repealed)
220 Driving cattle etc on to cultivated land

Injuries to mines

221 Setting fire to coal-mine
222 Attempt to fire coal-mine
223 Conveying water into mine, shaft etc
224 Damaging engines, staiths, waggon-ways

Injuries to sea or river banks, &c

225 Destroying sea or river bank or wall
226 Removing piles, or obstructing navigation of river

Injuries to ponds, reservoirs, &c

227 Breaking down dams etc, poisoning fish

Injuries to bridges, viaducts, and toll-bars

228 Injury to public bridge etc
229 Destroying turnpike-gate etc

Injuries to railway carriages

230 Certain acts etc on railway with intent to obstruct etc
231 Obstructing railways—verdict of misdemeanour
232 Obstructing engines or carriages on railways
233, 234 (Repealed)

Injuries to vessels

235 Setting fire to vessels, any person being therein
236 Setting fire to vessels
237 Setting fire to vessels—attempt
238 Placing gunpowder near a ship with intent to damage it
239 Damaging ship otherwise than by fire
240 Exhibiting false signals etc
241 Doing any act with intent to cause loss of vessel etc
242 Removing or concealing buoys etc
243 Destroying wrecks etc

Injuries to books, works of art, &c, in museums, &c

244 Injuring works of art in museums or other public places etc

Injuries to cattle

245 Killing or maiming cattle
246 (Repealed)

Injuries not otherwise provided for

247 Other injuries

Letters threatening to burn or destroy property

248 Letters threatening to destroy property

False statement that person or property in danger

248A False statement that person or property in danger

Making or having gunpowder, &c, with intent to commit offences against property

249 Making or having gunpowder etc to commit malicious injury

Part 5 Forgery

Declaratory and general

250 Forging and uttering defined
251 Uttering to be offence of same degree and subject to same punishment as forging

Forgeries not specially provided for

252 Forgeries not specially provided for

Forgery, &c, of public seals or official signatures

253 Royal or public seals
254 Signature of Governor, Minister of the Crown etc

Forgery of Acts, Proclamations, &c

255 Acts, proclamations etc

Forgery, &c, of transfers of stock, &c

256 Transfer of certain stock, or power of attorney relating thereto
257 Personating owner of stock or property
258 Falsifying books of public funds
259 Public Servant making false dividend warrants etc

Forgery of India bonds, Exchequer bills, &c

260 East India bonds, Exchequer bills, or debentures etc
261 Making plates etc like those used for Exchequer bills etc
262 Making paper like that used for Exchequer bills etc
263 Having paper etc to be used for Exchequer bills etc

Forgery, &c, of stamps, or having forged dies, &c

264 Forging stamps or possessing false dies etc

Forgery, &c, of, or engraving plate, &c, for, Bank notes, &c

265 Forging a bank note etc
266 Engraving or having any plate etc for making bank notes or paper
267 Engraving etc any part of a bank note etc
268 Instruments in blank
269 Having moulds for paper with the name of any banker
270 Engraving plates for foreign bills or notes

Forgery, &c, of wills, deeds, bills of exchange, &c

271 Forging wills
272 Forging deeds
273 Forging bills, notes, or orders, receipts for goods etc
274 Signing bill, note etc by procuration without authority
275 Obliterating crossings on cheques
276 Forging debentures

Forgery of instruments, &c, made by Judges, Officers of Court, Justices of the Peace, &c, or of signature thereto

277 Forging instruments etc made by Judges etc or signature thereto
278 Forging signature of Supreme Court Judge to decree etc or tendering same in evidence with forged signature

Forgery, &c, of records, &c, or copies thereof

279 Term “Court”—sections 280 to 284
280 Forging records etc of any Court
281 Forging seal or stamp on records etc
282 Forging copy of certificate of record etc
283 Serving etc forged process

Forgery, &c, of instruments of evidence

284 Forging documents etc used as evidence
285 Forgery of signature to copies admissible in evidence of decrees etc
286 Forgery of signature to certificate admissible in evidence of facts relating to trials etc
287 Clerk of Court or other officer wilfully certifying false copy of record of conviction etc or of public document
288 Forgery of seal etc on such copy etc or on examined copy of any document inspected by order of Judge
289 Forgery of seal etc on public documents etc and copies admissible in evidence
290 Forging signature or seal on copy admissible in evidence of treaty etc of a State or proceeding of a Court outside New South Wales
291 Forging etc certificate issued by officer outside New South Wales
292 Forging instruments made evidence by statute

Forgery of instruments, &c, under registration legislation

293 Forgery of deeds etc made etc under registration legislation

Falsely acknowledging recognizances, &c

294 Acknowledging recognizances etc in the name of another

Forgery, &c, of matters relating to marriage

295 Forging marriage certificates etc

Falsifying entries of births, deaths, &c

296 Falsifying entries of births etc or giving false certificates
297 Making false entries in copies sent to registrar

Obtaining or demanding property on forged instruments

298 Demanding property on forged instruments

Part 6 Offences relating to fauna in danger of extinction

299 Interpretation: Part 6
300 Fauna to which this Part applies
301 Taking or killing of endangered fauna
302 Buying, selling or possessing endangered fauna
303 Defence of authority conferred by licence etc
304 Fines imposed by the District Court
305 Appropriation of fines
306 Compensation
307 Proceedings and evidence
308–326 (Repealed)

Part 7 Perjury and like offences

327 Perjury
328 Same with intent to procure conviction etc
329 Conviction for false swearing on indictment for perjury
330 False swearing not being perjury
331 Contradictory statements on oath
332 Certain technical defects provided for
333 (Repealed)
334 Subornation of perjury etc
335 Attempting to suborn etc
336 Tampering with witness
337 False statements respecting births, marriages etc
338 (Repealed)
339 False statement in solemn declaration
340 Directing prosecution for perjury
341 For restraining vexatious prosecutions
342 Application of Act
343 Saving of other punishments

Part 8 Conspiracy to accuse of crime

344 Conspiracy to accuse of crime felony

Part 8A Attempts

344A Attempts

Part 9 Abettors and accessories

345 Principals in the second degree—how tried and punished
346 Accessories before the fact—how tried and punished
347 Accessories after the fact—how tried
348 Punishment of accessories after the fact to treason
349 Punishment of accessories after the fact to murder etc
350 Punishment of accessories after the fact to other felonies etc
351 Abettors in misdemeanours—how tried and punished

Part 10 Apprehension of offenders, powers of search, powers of entry and discharge of persons in custody

Apprehension of offenders

352 Person in act of committing or having committed offence
352AA Arrest of prisoners unlawfully at large
352A Power of arrest in cases of certain offences committed outside the State
353 Persons offering stolen property
353A Power to search person, make medical examination, take photograph, finger-prints etc
353B Person apprehended carrying razor etc
353C Arrest by commander of aircraft
354–357 (Repealed)

Powers of search

357A Powers of search
357B Definitions
357C Police may board vessels
357D Police may stop and detain vessels
357E Police may stop and search persons and vehicles

Powers of entry in cases of domestic violence

357F Entry by invitation
357G Entry by radio/telephone warrant etc where entry denied
357H Provisions relating to powers of entry under sections 357F and 357G

Discharge of persons in custody

358 When case not to be proceeded with gaoler to discharge prisoner on certificate from Attorney-General

Disposal of property in the custody of the police

358A Disposal of property in custody of police

Part 11 Procedure, evidence, verdict, &c

As to indictment—form, venue, amendments, &c

359 Meaning of “Statute” and “Act” in indictments etc
360 What defects shall not vitiate an indictment
360A Indictment etc of corporations
361 Venue in indictment
362 Formal objections when to be taken
363 Judgment on demurrer to indictment
364 Traversing indictment
365 Orders for amendment of indictment, separate trial and postponement of trial
366 Amended indictment
367 Verdict and judgment valid after amendment
368 Form of record after amendment
369 Respiting recognizances on postponement
370 Separate offences when can be joined
371 Accessories may be charged together in one indictment
372 Indictment charging previous offence also
373 Description of partners etc
374 Description of written instruments
375 General averment of intent to defraud or injure
376, 377 (Repealed)
378 Form of indictment against accessories to murder
379–380 (Repealed)
381 Indecent assault
382 Where not necessary to lay property in any person
383 Property of partners or joint owners
384 Stealing and receiving in one indictment
385 Separate receivers may be charged in one indictment
386 Allegations in indictment as to money or securities stolen
387 Indictment for stealing by tenants
388 Indictment for stealing deeds
389 Indictment for larceny by public servant, property to be laid in the Queen
390 Description in indictment for engraving etc
391 Indictment for sale etc of counterfeit coin
392 Indictment for perjury
393 Indictment for conspiracy

Arraignment, plea, and trial

394 Arraignment etc on charge of previous conviction
394A Conviction on indictment
395 Plea of “not guilty”
396 Refusal to plead
397, 398 (Repealed)
399 Plea of autrefois convict etc
400 Practice as to entering the dock
401 (Repealed)
402 Accused may be defended by counsel
403 Right to inspect depositions on trial
404 Admission by accused at trial
405 Statement and address to jury by accused
405A Notice of alibi
405B Warning to be given by Judge in relation to lack of complaint in certain sexual offence proceedings
405C Judge not required to warn jury against convicting person of certain sexual offences

Rules respecting evidence

406 Depositions by persons dangerously ill—how to be taken and when admissible in evidence
407 Competency of parties and accused persons and their husbands and wives to give evidence
407AA Compellability of spouses to give evidence in certain proceedings
407A Abolition of presumption of coercion of wife by husband
408 Declaration by person since deceased
409 Depositions may be read as evidence for prosecution
409A Depositions of previous connected proceedings may be read as evidence in committal proceedings
409B Admissibility of evidence relating to sexual experience etc
409C Limitation on dock statements in certain sexual offence proceedings
410 Confessions etc, when inadmissible
411 Criminating statements admissible though on oath
412 Evidence to character of accused
413 Witnesses to character—what evidence admissible
413A Restriction on cross-examination of accused
413B Admissibility of evidence and questions about accused’s disposition or reputation
413C Documentary evidence of previous convictions
414 Evidence of previous conviction charged in an indictment
414A Certificate of scientific examination evidence
414B Proof of service of notice to produce
415 Proof of banking transactions
416 Proof of by-laws etc
417 Proof of lawful authority or excuse
418 (Repealed)
419 Bigamy—evidence of first marriage
419A Pilfering of goods from vessel, wharf etc
420 Receivers—evidence of guilty knowledge
421 Cases of forged English stamps
422 Proof of coin being counterfeit
423 On trial for perjury presumption of authority to administer oath etc
423A Joint trial in case of perjury etc
424 Witnesses in mitigation

Verdict generally

425 Conviction for misdemeanour where facts amount to felony
426 After trial for felony, where alternative verdict possible no further prosecution
427 On trial for any felony or misdemeanour—verdict of attempt
428 (Repealed)

Part 11A Unfitness to be tried for an offence

Chapter 1 Proceedings in the Supreme Court or District Court

428A Application
428B Interpretation
428C Person by whom question of unfitness may be raised
428D Basis of determination of question of unfitness
428E Time at which question of unfitness may be raised
428F Procedure on raising question of unfitness
428G Determination of question of unfitness
428H Conduct of inquiry
428I Procedure after completion of inquiry
428J Presumptions as to findings concerning unfitness
428K Functions of Mental Health Review Tribunal
428L Order of Court following determination of Mental Health Review Tribunal as to unfitness
428M Functions of Attorney General following determination of Mental Health Review Tribunal
428N Determination at special hearing
428O Nature and conduct of special hearing
428P Procedure after completion of special hearing
428Q Order of Court following determination of Mental Health Review Tribunal as to mental condition
428R Effect on other proceedings of finding on special hearing
428S Recommendation for further inquiry
428T Procedure after completion of further inquiry

Chapter 2 Other proceedings

428U Application
428V Interpretation
428W Persons suffering from a mental illness or condition
428X Mentally ill persons
428Y Means by which magistrate may be informed

Part 11B Defence of mental illness

428Z Explanation to jury
428ZA Special verdict
428ZB Effect of finding and declaration as to mental illness

Part 12 Sentences

429(Repealed)

Sentences of death

430 (Repealed)
431 Convicted persons not to be liable to death penalty

Sentences of imprisonment—hard labour—solitary confinement—and sureties

432 Misdemeanours
433–436 (Repealed)

Order for payment of compensation

437 Compensation to person aggrieved by indictable offence etc
437A Effect of direction under sec 437 on civil proceedings

Order for restitution of property stolen, &c

438 Restitution of property stolen in certain cases
439 (Repealed)

Sentences for statutory offences

440 Statutory offences

Power to fine in certain cases

440A Power to fine in certain cases
440B Imposition of fine on sentence being deferred or suspended

Deferred sentences

441 Judgment after sentence deferred

Commencement of sentence

441A Time from which sentences shall take effect

Reduction of sentence or fine below term or amount fixed

442 Provision for passing sentences of less duration than those fixed
442A Circumstances of certain sexual offences to be considered in passing sentence

Additional and cumulative sentences

443 Additional sentences on second or third convictions
444 Sentence during any unexpired sentence may be cumulative
445 Proof of previous conviction
446 Previous sentences to be noted in new sentence
447 (Repealed)
447A Punishment on escape

Taking outstanding charges into account

447B Outstanding charges may be taken into account in passing sentence

Part 13 Proceedings after sentence

(A) EXECUTION OF SENTENCE

448–456(Repealed)

Enforcing payment of compensation

457 Direction for compensation to be enforceable by execution etc

Sentences of Courts-martial

458 Sentences by Courts-martial under Imperial Acts

(B) COMMUTATION OR MITIGATION OF SENTENCES

459, 460 (Repealed)
460A Remission of sentences
461 General regulations for remission of sentences
462 Remission on recognizances
463 Tickets-of-leave
464 Remissions where more than one sentence
464A (Repealed)

(C) CONSEQUENCES, &c, OF CONVICTION FOR FELONY

465 Forfeiture in felonies abolished
466 Disabilities of felony
467 (Repealed)
468 Effect of reversing judgment in such cases
469–474 (Repealed)

(E) ENQUIRY SUBSEQUENT TO CONVICTION

475 Governor or Judge may direct inquiry etc

Part 13A Offences punishable by the Supreme Court in its summary jurisdiction

475A Offences punishable summarily
475B Election for summary trial

Part 14 Offences punishable by Justices and procedure before Justices generally

Chapter 1 Indictable offences punishable summarily only by consent of the accused

Extent of jurisdiction

476 Indictable offences punishable summarily with consent of accused
477, 478 (Repealed)

Procedure in such cases

479, 479A (Repealed)
480 Certificate of dismissal
481 Summary conviction or dismissal a bar to indictment
482–492 (Repealed)

Chapter 3 Other offences punishable summarily

(A) ASSAULTS

493 Common assaults
494 Aggravated assaults
495–497 (Repealed)
498 Certificate of dismissal
499 Certificate or conviction a bar to other proceedings
500 Exception from jurisdiction

(B) LARCENY AND SIMILAR OFFENCES

Larceny, &c, of animals, &c

501 List of offences punishable summarily without consent of accused
502 Possession of skin etc of stolen cattle
503 Stealing dogs
504 Possessing stolen dog or skin
505 Stealing animals etc ordinarily kept in confinement
506 Stealing animals etc ordinarily kept in confinement—second offence
507 Possession of stolen animals etc
508 Possession of stolen animals etc—second offence
509 Restoration of such stolen animals etc
510 Setting engine for deer etc
511 Killing pigeons
512 Taking fish in waters on private property

Larceny of things attached to land

513 Stealing shrubs etc
514 (Repealed)
515 Stealing etc live or dead fence etc
516 (Repealed)
517 Unlawful possession of trees, fences etc
518 Stealing dead wood
519 (Repealed)
520 Stealing plants etc in gardens
521 Stealing plants etc not growing in gardens
521A Stealing of rock, stone etc

Larceny of shipwrecked goods

522 Possession of shipwrecked goods
523 Offering shipwrecked goods for sale
524 Seizure of such goods

Larceny from a public library, &c

525 Stealing or damaging books etc in public library etc
526 Term “Public Library”

Unlawfully using vehicle or boat

526A Taking a conveyance without the consent of the owner
526B (Repealed)

Fraudulently appropriating or retaining property

527 Fraudulently appropriating or retaining property

Obtaining money, &c, by false representation

527A Obtaining money etc by a wilfully false representation

Framing a false invoice

527B Framing a false invoice

Persons unlawfully in possession of property

527C Persons unlawfully in possession of property

Offering rewards for stolen property

528 Advertising reward for return of stolen property

Receivers

529 Receivers punishable summarily
530–545 (Repealed)

(D1) BOGUS ADVERTISEMENTS

545A Bogus advertisements

(D2) INTIMIDATION, &c

545B Intimidation or annoyance by violence or otherwise

(D3) JOINING UNLAWFUL ASSEMBLIES, &c

545C Knowingly joining or continuing in an unlawful assembly

(D4) UNLAWFUL MAKING OR POSSESSION OF EXPLOSIVES

545D Unlawful making or possession of explosives

(E) ABETTORS

546 Abetting or procuring

(E1) CONSORTING

546A Consorting with convicted persons

(E2) INTENT TO REPEAT INDICTABLE OFFENCE

546B Convicted persons found with intent to commit offence

(E3) RESISTING, &c, POLICE

546C Resisting etc police

(F) APPREHENDED VIOLENCE OR INJURY

547 Apprehended violence or injury—recognizance to keep the peace
547AA Apprehended domestic violence orders

(G) FALSE STATEMENT RESPECTING BIRTHS, DEATHS, OR MARRIAGES

547A False statements respecting births, deaths and marriages

(H) PUBLIC MISCHIEF

547B Public mischief

(I) PRYING

547C Peeping or prying

Chapter 4 Procedure, &c, before Justices

Alternative methods of procedure

548 Alternative methods of proceeding before Justices
548A (Repealed)

Enforcing appearance

549 Offenders may be summoned under existing Acts

Certain averments

550 Where not necessary to allege particular ownership
551 General averment of intent to defraud or injure
552 (Repealed)

Reduction of sentence below fixed term

553 Sentence may be for less term or fine of less amount than that fixed

Sentence to hard labour

554 Hard or light labour

Penalties, &c—application

555 Application of forfeitures and penalties

Summary conviction, &c, a bar

556 Summary conviction a bar to further proceedings

Part 15 Conditional release of offenders

556A Power to permit release of offenders
556B Proceedings on breach of condition of recognizance
557 (Repealed)
558 Deferring sentence
559–560 (Repealed)
560A Probation officers, regulations etc
561, 562 (Repealed)

Part 16 Miscellaneous enactments

563 (Repealed)
564 No Court fees to be taken in criminal cases
565 Power of Courts to bring prisoners before them
565A Bail Act 1978 to prevail
566 Witnesses neglecting to attend trial captured under warrant may be admitted to bail
567 Supreme Court rules may prescribe forms of indictments etc
567A Counts for felonies and misdemeanours in one indictment
568–571 (Repealed)
572 Governor may appoint persons to prosecute in District Court
573 Provision for wife where husband convicted of aggravated assault
574 Prosecutions for blasphemy
574A Information etc for obscene or blasphemous libel
574B Prevention of suicide
575 Misappropriation of corn etc by servants
576 Indecent exposure of the person
577 Change of venue
578 Publication of evidence may be forbidden in certain cases
579 Evidence of proceedings dealt with by way of recognizance after 15 years
580 Certain charges not to be brought at common law

 First Schedule

 Second Schedule

 Third Schedule

 Fourth Schedule

 Fifth Schedule

 Sixth, Seventh Schedules (Repealed)

 Eighth Schedule

 Ninth Schedule

 Tenth Schedule

Historical notes