- 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- 51 (Repealed)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 00:05)
188 Evidence not to be admitted
(1) The court must refuse to admit evidence sought to be adduced by the prosecutor in respect of an offence if, in relation to that evidence, this Division or any rules made under this Division have not been complied with by the prosecutor.(2) The court may, and on the application of or with the consent of the accused person must, dispense with the requirements of subsection (1) on such terms and conditions as appear just and reasonable.