- Criminal Procedure Act 1986 No 209
- Status information
- Long title
- Chapter 1 Preliminary
- Chapter 2 General provisions
- Part 1 Offences
- 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
- 14A Proceedings for offences commenced by officers of ICAC or LECC
- 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
- Part 1 Preliminary
- Part 2 Committal proceedings
- 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- 51 (Repealed)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 Outline of committal proceedings steps
- 56 Magistrate to conduct committal proceedings
- 57 Committal proceedings to be heard in open court
- 58 Application of other procedural provisions to committal proceedings
- 59 Explanation of committal process and discount for guilty plea
- 60 Application of Drug Court proceedings
- Division 3 Disclosure of evidence
- Division 4 Charge certificates
- Division 5 Case conferences
- 69 Exceptions to requirements for case conference procedures
- 70 Case conferences to be held
- 71 Case conference procedures
- 72 Obligations of legal representative of accused
- 73 Joint accused
- 74 Case conference certificate must be completed and filed
- 75 Contents of case conference certificate
- 76 Failure to complete case conference obligations
- 77 Further offers
- 78 Case conference certificate and other evidence not admissible in other proceedings
- 79 Confidentiality of case conference certificate matters
- 80 Prohibition on publication of case conference material
- 81 Certain matters not taken to be pre-trial disclosures
- Division 6 Examination of prosecution witnesses
- 82 Magistrate may direct witness to attend
- 83 Witnesses who cannot be directed to attend
- 84 Victim witnesses, sexual offence witnesses and vulnerable witnesses generally not to be directed to attend
- 85 Evidence of prosecution witness
- 86 Exceptions to oral evidence
- 87 Evidence to be taken in presence of accused person
- 88 Evidentiary effect of statements
- 89 Statements must comply with requirements
- 90 Evidence not to be admitted
- 91 Magistrate may set aside requirements for statements
- 92 False statements or representations
- Division 7 Committal for trial where unfitness to be tried raised
- Division 8 Committal for trial or sentence
- Division 9 Procedure on committal
- Division 10 General procedures after committal
- 109 Accused person to be committed to correctional centre
- 110 Bail acknowledgment 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
- 115 Meaning of “accused person”
- Division 11 Costs
- Part 3 Trial procedures
- Division 1 Listing
- 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 Orders for trial by Judge alone
- 132A Applications for trial by judge alone 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 (Repealed)
- 138 (Repealed)
- 139 Pre-trial hearings
- 140 Pre-trial conferences
- 141 Mandatory pre-trial disclosure
- 142 Prosecution’s notice
- 143 Defence response
- 144 Prosecution response to defence response
- 145 Dispensing with formal proof
- 146 Sanctions for non-compliance with pre-trial disclosure requirements
- 146A Drawing of inferences in certain circumstances
- 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
- Division 5 Pleadings on 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
- 164A Judge unable to continue in trial by jury
- 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
- Chapter 4 Summary procedure
- Part 1 Preliminary
- 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
- 185A Recordings of interviews with domestic violence complainants
- 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 or representations
- Division 3 Hearings
- 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
- Division 4 Costs
- 211 Definition
- 211A Imposition of court costs levy
- 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 professional 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
- Division 5 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 2013 —bail decisions made by courts
- 231 Action that may be taken if witness refuses to give evidence
- 232 Rules relating to subpoenas
- Part 4 Warrants
- Part 5 Summary jurisdiction of Supreme Court and other higher courts
- Division 1 Jurisdiction
- Division 2 Appearance of accused persons
- Division 2A Case management provisions and other provisions to reduce delays in proceedings
- 247A Application
- 247B Purpose
- 247C Definitions
- 247D Directions for conduct of proceedings
- 247E Notice of prosecution case to be given to defendant
- 247F Notice of defence response to be given to prosecutor
- 247G Preliminary hearings
- 247H Preliminary conferences
- 247I Court may order preliminary disclosure in particular case
- 247J Prosecution notice—court-ordered preliminary disclosure
- 247K Defence response—court-ordered preliminary disclosure
- 247L Prosecution response to defence response—court-ordered preliminary disclosure
- 247M Dispensing with formal proof
- 247N Sanctions for non-compliance with preliminary disclosure requirements
- 247O Disclosure requirements are ongoing
- 247P Court may waive requirements
- 247Q Requirements as to notices
- 247R Copies of exhibits and other things not to be provided if impracticable
- 247S Personal details not to be provided
- 247T Requirements as to statements of witnesses
- 247U Exemption for matters previously disclosed
- 247V Court powers to ensure efficient management and conduct of trial or sentencing hearing
- 247W Preliminary orders and other orders bind presiding Judge
- 247X Miscellaneous provisions
- 247Y Review of Division
- Division 3 Trial procedure
- 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
- Division 4 Costs
- 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
- Chapter 6 Evidentiary matters
- Part 1 Preliminary
- Part 2 General
- 275A NSW Police Force exhibits management system
- 275B Witness with communication difficulty entitled to assistance from person or communication aid
- 275C Court may direct expert evidence be given concurrently or consecutively
- 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 family members to give evidence in certain proceedings
- 279A Admission of evidence of complainant from related proceedings
- 280 Disclosure of address or telephone number of witness
- 280A Disclosure of personal information in subpoenaed documents and things
- 281 Admissions by suspects
- Part 2A Sensitive evidence
- Division 1 Preliminary
- Division 2 Evidence held by prosecuting authority
- Division 3 Evidence held by health authority
- 281FA Accused person not entitled to obtain sensitive evidence from health authority
- 281FB Health authority to give sensitive evidence notice
- 281FC Access to be given to accused person
- 281FD Supervised access arrangements
- 281FE Health authority entitled to retain possession of sensitive evidence
- 281FF Improper copying or circulation of sensitive evidence
- 281FG Evidence may be provided to prosecuting authority
- Part 2B Terrorism evidence
- 281G Definitions
- 281H Accused person not entitled to copy of terrorism evidence
- 281I Procedure for dealing with terrorism evidence
- 281J Return of designated terrorism evidence
- 281K Procedures for giving access to designated terrorism evidence to unrepresented accused person
- 281L Improper copying or circulation of designated terrorism evidence
- 281M Accused person not to possess designated terrorism evidence
- 281N Prosecuting authority entitled to retain possession of terrorism evidence during criminal proceedings
- Part 3 Scientific examinations and law enforcement devices
- Part 3A Statements
- 283A Application of Part
- 283B Form and requirements for written statements
- 283C Recordings of interviews with vulnerable persons
- 283D Recordings of interviews with domestic violence complainants
- 283E Form and requirements for recorded statements
- 283F Death of person who made statement
- 283G Use of previous statements in cases involving prescribed sexual offences
- 283H Regulations relating to requirements for statements
- Part 4 Depositions and written statements
- Part 4A Use of random sample evidence
- Part 4B Giving of evidence by domestic violence complainants
- Division 1 Preliminary
- Division 2 Giving of evidence of out of court representations
- 289F Complainant may give evidence in chief in form of recording
- 289G Determination as to whether evidence will be given by recording
- 289H Use of evidence in concurrent or related domestic violence proceedings
- 289I Admissibility of recorded evidence
- 289J Warning to jury
- 289K Transcripts of recordings
- Division 3 Service of and access to recorded statements
- Division 4 Miscellaneous
- 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 (Repealed)
- 293 Admissibility of evidence relating to sexual experience
- 293A Warning may be given by Judge if differences in complainant’s account
- 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
- 294CA Admission of evidence of sexual offence witness given as complainant in earlier proceedings
- 294D Protections of Division extend to tendency witnesses
- Division 2 Sexual assault communications privilege
- 295 Interpretation
- 296 What is a protected confidence?
- 297 Protected confidences—preliminary criminal proceedings
- 298 Protected confidences—criminal proceedings
- 298A Victim cannot be required to identify counsellor
- 299 Court to inform of rights under Division
- 299A Protected confider has standing
- 299B Determining if there is a protected confidence
- 299C Notice of application for leave
- 299D Determining whether to grant leave
- 300 Effect of consent
- 301 Loss of sexual assault communications privilege: misconduct
- 302 Ancillary orders
- 303, 304 (Repealed)
- 305 Inadmissibility of evidence
- 305A Subpoenas for production of counselling communications
- 306 Application of common law
- Division 3 Special provisions relating to retrials of sexual offence proceedings
- 306A Definitions
- 306B Admission of evidence of complainant or special witness in new trial proceedings
- 306C Complainant or special witness not compellable to give further evidence
- 306D Complainant or special witness may elect to give further evidence
- 306E Form in which record of original evidence of complainant or special witness 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 or special witness in new trial proceedings
- 306J Whether complainant or special witness compellable to give further evidence
- 306K Complainant or special witness 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
- Division 1 Preliminary
- Division 2 Recording of out of court statements
- 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
- Division 5 Miscellaneous
- 306ZJ Validity of proceedings not affected
- 306ZK Vulnerable persons have a right to presence of a support 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
- Part 7 Miscellaneous
- Chapter 7 Miscellaneous
- Part 1 General
- 307 No court fees to be taken from accused persons
- 308 Authorised officers may make bail decisions in respect of witnesses who fail to attend trial
- 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 2013 to prevail
- 317A Courts to deal expeditiously with persons arrested for sentencing
- Part 2
- 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
- Part 4 Intervention programs
- Schedule 1 Indictable offences triable summarily
- Schedule 2 Savings, transitional and other provisions
- Schedule 3 Provisions relating to offences
- Historical notes
Criminal Procedure Act 1986 No 209
Current
version
for 22 November 2019
to date
(accessed 2 March 2020 at 00:10)
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