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Criminal Procedure Act 1986 No 209
Current version for 1 July 2020 to date (accessed 5 August 2020 at 15:31)
Division 10 General procedures after committal
109 Accused person to be committed to correctional centre
(1) An accused person who is committed for trial or sentence in any committal proceedings must be committed to a correctional centre by the Magistrate until the sittings of the court at which the person is to be tried or dealt with or until the accused person is otherwise released by operation of law.(2) A Magistrate may order the issue of a warrant under this section.(3) An authorised officer may, for the purposes of this section, issue a warrant to arrest the accused person.(4) An authorised officer before whom an accused person is brought on arrest on a warrant issued under this section may issue a warrant—(a) committing the accused person to a correctional centre or other place of security, and(b) ordering the accused person to be brought before a court at the time and place specified in the order.Note.Part 4 of Chapter 4 sets out procedures for arrest warrants and warrants of commitment generally.The Bail Act 2013 provides for the circumstances when such a person must or may be granted bail rather than be held in prison.
110 Bail acknowledgment to be notified
If an accused person committed to a correctional centre on committal for trial or sentence is released on bail, the person who accepts the bail acknowledgment must transmit to the registrar of the relevant court—(a) the bail acknowledgment, and(b) any cash or other thing deposited in compliance with a bail condition.
111 Papers to be sent to officer of higher court
(1) The registrar must, as soon as possible after the end of committal proceedings, give to the appropriate officer of the court to which an accused person is committed for trial or sentence the documents required by the rules.(2) The appropriate officer if an accused person is committed to the Supreme Court is the registrar of the Criminal Division of the Supreme Court.(3) The appropriate officer if an accused person is committed to the District Court is a registrar of the District Court.(4) The appropriate officer must deliver the documents to the proper officer of the Court at which the trial is to be held or the accused person dealt with, if the Judge presiding so directs.
112 Responsibilities of appropriate officer
After the documents are transmitted and before the day of trial or the day on which the accused person is to be dealt with, the appropriate officer has, in relation to the documents, the same duties and is subject to the same liabilities as the Magistrate would have or be subject to before the transmission in relation to an order in the nature of certiorari or a rule or order instead of certiorari directed to the Magistrate.
113 Copies of trial papers to be given to Director of Public Prosecutions
(1) The appropriate officer must, as soon as practicable after receiving a document transmitted by the registrar after an accused person is committed for trial or sentence, transmit a copy of the document to the Director of Public Prosecutions.(2) The copy must be transmitted by the most convenient method, having regard to the necessity to maintain the security of the document.
114 Copies of transcripts of evidence
(1) An accused person who is committed for trial or sentence is entitled to obtain 1 copy of the transcript of any evidence taken at the committal proceedings, and any written statements tendered at the proceedings.(2) The rules may make provision for or with respect to the provision of a copy to the person and the regulations may make provision for or with respect to the fees for the provision of a copy.(3) The accused person is also entitled, in accordance with Division 3 of Part 4B of Chapter 6, to a copy of any recorded statement played at the proceedings.
115 Meaning of “accused person”
In this Division—accused person includes a person who has been committed for trial or sentence to the District Court or Supreme Court.