Criminal Procedure Act 1986 No 209
Division 4 Charge certificates
65 Prosecutors who may exercise charge certificate and case conference functions
The functions of a prosecutor under this Division and Division 5 (which relates to case conferences) may be exercised only by the following persons—(a) the Director of Public Prosecutions or the Attorney General,(b) in the case of committal proceedings to which this Division applies because of section 79 of the Judiciary Act 1903 of the Commonwealth, any of the following—(i) a person holding an equivalent office under the Commonwealth,(ii) a special prosecutor appointed under an Act of the Commonwealth,(iii) a person authorised under Commonwealth legislation to exercise the functions of a person referred to in subparagraph (i) or (ii),(iv) a person authorised by an arrangement made with a person referred to in subparagraph (i) or (ii) to exercise the functions of that person,(c) a legal representative of a person referred to in paragraph (a) or (b),(d) any other person prescribed by the regulations for the purposes of this section.Note.The effect of this provision is to prevent any other person from being able to complete the steps required to be taken by a prosecutor for the committal proceedings that are set out in Divisions 4 and 5 of this Part.
66 Charge certificates
(1) A charge certificate is a document in the form prescribed by the regulations and signed by the prosecutor that—(a) relates to the offences specified in a court attendance notice for the committal proceedings, and(b) specifies the offences that are to be the subject of the proceedings against the accused person, and(c) sets out the details of each of those offences in a way that is sufficient under this Act for the purposes of an indictment or an averment in an indictment, and(d) specifies any back up or related offences (within the meaning of section 165) that are proposed to be the subject of a certificate under section 166 (1) relating to charges against the accused person, and(e) if applicable, confirms that proceedings against the accused person for other specified offences are no longer being proceeded with, and(f) contains any other matters prescribed by the regulations for the purposes of this section.(2) The prosecutor must certify in the certificate that—(a) the evidence available to the prosecutor is capable of establishing each element of the offences that are to be the subject of the proceedings against the accused person, and(b) in the case of an offence other than an offence under the law of the Commonwealth or an offence prosecuted by a Commonwealth prosecutor, the prosecutor has received and considered a certificate under section 15A of the Director of Public Prosecutions Act 1986 relating to that offence.(2A) In subsection (2), Commonwealth prosecutor means a person referred to in section 65(b) or a legal representative of a person referred to in that paragraph.(3) Subsections (1) and (2) do not limit the matters that may be included by the regulations in the prescribed form of charge certificate.
67 Charge certificate must be filed
(1) A charge certificate must be filed by the prosecutor in the registry of the Local Court, and served or caused to be served on the accused person, not later than the day set by order by the Magistrate.(2) The day must—(a) be set after the service of the brief of evidence in the committal proceedings, and(b) be not later than 6 months after the first return date for a court attendance notice in the committal proceedings.Note.The first court appearance required by the court attendance notice may be before a registrar exercising certain functions of the court pursuant to rules of the court, or the functions of an authorised justice under the Bail Act 2013.(3) However, the Magistrate may set a day for the filing of a charge certificate that is later than 6 months after the first return date for a court attendance notice in the committal proceedings—(a) with the consent of the accused person, or(b) if it is in the interests of justice to do so.(4) In determining whether or not it is in the interests of justice to set a later day, the Magistrate is to consider the complexity of the matters the subject of the proceedings. This subsection does not limit the matters that may be considered by the Magistrate.(5) If the prosecutor determines that an offence other than an offence specified in the charge certificate filed by the prosecutor is to be the subject of the proceedings against the accused person, the prosecutor must file in the registry of the Local Court, and serve or cause to be served on the accused person, an amended charge certificate before the accused person is committed for trial or sentence.
68 Failure to file charge certificate
(1) This section applies if the prosecutor fails to file and serve, or cause to be served, a charge certificate before—(a) the day that is 6 months after the first return date for a court attendance notice in the committal proceedings, or(b) any later day set by the Magistrate for doing those things.(2) The Magistrate must—(a) discharge the accused person as to any offence the subject of the committal proceedings, or(b) if the Magistrate thinks it appropriate in the circumstances of the case, adjourn the committal proceedings to a specified time and place.(3) In determining what action to take, the Magistrate is to consider the interests of justice.(4) If a warrant has been issued for the arrest of the accused person as a result of a failure to appear at the committal proceedings—(a) a Magistrate is not required to take any action under this section until the accused person is brought before the Magistrate, and(b) the period of 6 months specified in subsection (1) (a) is taken to be extended by the number of days between the issue of the warrant and the day the accused person is so brought before the Magistrate.Note.The Magistrate may extend the time for filing a charge certificate at any time under section 67.