CRIMES ACT 1900
Table of Provisions
PART 1--PRELIMINARY
- 1 Name of Act
- 2 Application of Act
- 4 Dictionary
- 5 Meaning of loaded arms
- 6 Reference to the jury read as reference to magistrate
- 7 Notes
- 7A Offences against Act—application of Criminal Code etc
- 8 Public place etc
- 9 Abolition of distinctions between felony and misdemeanour
PART 2--OFFENCES AGAINST THE PERSON
- 9A Meaning of aggravated offence—pt 2
- 10 When child born alive
- 11 No time limit on criminal responsibility for homicide
- 12 Murder
- 13 Trial for murder—provocation
- 14 Trial for murder—diminished responsibility
- 15 Manslaughter
- 16 Suicide etc—not an offence
- 17 Suicide—aiding etc
- 18 Prevention of suicide
- 19 Intentionally inflicting grievous bodily harm
- 20 Recklessly inflicting grievous bodily harm
- 21 Wounding
- 22 Assault with intent to commit other offence
- 23 Inflicting actual bodily harm
- 24 Assault occasioning actual bodily harm
- 25 Causing grievous bodily harm
- 26 Common assault
- 26A Assault of frontline community service provider
- 26B Assault of frontline community service provider—alternative
- 27 Acts endangering life etc
- 28 Acts endangering health etc
- 28AA Food or drink spiking
- 28A Throwing etc objects at vehicles
- 28B Discharging firearm at building or conveyance
- 29 Culpable driving of motor vehicle
- 29A Driving motor vehicle at police
- 29B Damaging police vehicle
- 30 Threat to kill
- 31 Threat to inflict grievous bodily harm
- 32 Demands accompanied by threats
- 33 Possession of object with intent to kill etc
- 34 Forcible confinement
- 35 Stalking
- 35A Affray
- 35AA Affray—alternative verdicts
- 35AB Review—affray provisions
- 36 Torture
- 36A Abuse of vulnerable person
- 36B Failure to protect vulnerable person from criminal offence
- 36C Neglect of vulnerable person
- 37 Abduction of young person
- 38 Kidnapping
- 39 Neglect etc of children
- 40 Unlawfully taking child etc
- 41 Exposing or abandoning child
- 42 Child destruction
- 43 Childbirth—grievous bodily harm
- 47 Concealment of birth
- 48 Misconduct with regard to corpses
- 48A Aggravated offences—pt 2 offences against pregnant women
- 48B Alternative verdicts for aggravated offences—pt 2 offences against pregnant
- 48C Aggravated offences—pt 2 offences involving family violence
- 48D Alternative verdicts for aggravated offences—offences involving family
- 49 Alternative verdicts for certain other offences against the person
PART 3--SEXUAL OFFENCES
- 50A Objects—pt 3
- 50B Meaning of consent—pt 3
- 50C Meaning of sexual act—pt 3
- 50 Definitions—pt 3
- 51 Sexual assault in the first degree
- 52 Sexual assault in the second degree
- 53 Sexual assault in the third degree
- 54 Sexual intercourse without consent
- 55 Sexual intercourse with young person
- 55A Sexual intercourse with young person under special care
- 56 Persistent sexual abuse of child or young person under special care
- 57 Act of indecency in the first degree
- 58 Act of indecency in the second degree
- 59 Act of indecency in the third degree
- 60 Act of indecency without consent
- 61 Acts of indecency with young people
- 61A Act of indecency with young person under special care
- 61B Intimate observations or capturing visual data etc
- 62 Incest and similar offences
- 63 Abduction
- 63A Bestiality
- 64 Using child for production of child exploitation material etc
- 64A Trading in child exploitation material
- 65 Possessing child exploitation material
- 66 Grooming and depraving young people
- 66AA Failure to report child sexual offence
- 66AB Making false report about child sexual offence
- 66A Failure by person in authority to protect child or young person from sexual
- 66B Course of conduct charge—child sexual offences
- 67 When a person does not consent to an act
- 67A Words, actions and self-induced intoxication of accused person
- 68 Sexual intercourse—people not to be presumed incapable by reason of
- 69 Marriage no bar to conviction
- 70 Alternative verdicts for certain sexual offences
- 71 Adding count for act of indecency
- 72 Indictment for act of indecency
- 72AA Aggravated offences—pt 3 offences involving family violence
- 72AB Alternative verdicts for aggravated offences—offences involving family violence
PART 3A--INTIMATE IMAGE ABUSE
- 72A Definitions—pt 3A
- 72B Meaning of distribute—pt 3A
- 72C Non-consensual distribution of intimate images
- 72D Distribution of intimate image of young person
- 72E Threaten to capture or distribute intimate images
- 72EA Aggravated offences—pt 3A offences involving family violence
- 72EB Alternative verdicts for aggravated offences—offences involving family violence
- 72F Consent—pt 3A
- 72G Exceptions for reasonable distribution
- 72H Court may order rectification
PART 4--FEMALE GENITAL MUTILATION
- 73 Meaning of female genital mutilation for pt 4
- 74 Prohibition of female genital mutilation
- 75 Removal of child from ACT for genital mutilation
- 76 Exception—medical procedures for genuine therapeutic purposes
- 77 Exception—sexual reassignment procedures
PART 5--SEXUAL SERVITUDE
- 78 Meaning of sexual servitude and sexual services for pt
- 79 Sexual servitude offences
- 80 Deceptive recruiting for sexual services
- 81 Sexual servitude offence etc against person younger than 18 years—charges
- 82 Alternative verdicts—sexual servitude offence etc
PART 6--OFFENCES RELATING TO PROPERTY
Division 6.2A--Money laundering and organised fraud
- 114A Definitions for div 6.2A
- 114B Money laundering
- 114C Possession etc of property suspected of being proceeds of crime
- 114D Organised fraud
Division 6.3--Criminal damage to property
- 115 Interpretation for div 6.3
- 116 Destroying or damaging property
- 117 Arson
- 119 Defacing premises
- 120 Defacing premises––strict liability
- 122 Untrue representations
- 123 Alternative verdicts—criminal damage to property offences
Division 6.6--Contamination of goods and related offences
- 135 Definitions of contaminate and goods
- 136 Meaning of economic loss
- 137 Contaminating goods with intent to cause public alarm or economic loss
- 138 Threatening to contaminate goods with intent to cause public alarm or economic
- 139 Making false statements about contamination of goods with intent to cause public alarm
- 140 Territorial nexus for offences
Division 6.7--Offences relating to causing public alarm
- 140A Acting with intent to cause public alarm
- 140B Threatening to act with intent to cause public alarm
- 140C Making false statements with intent to cause public alarm
- 140D Territorial nexus for offences
Division 6.8--Miscellaneous
- 141 Hindering working of mines
- 142 Removal of sea banks etc
- 143 Obstructing navigation of rivers
- 144 Offences in relation to railways
- 145 Obstructing railway engines
- 146 Alternative verdict
- 147 Displaying false signals
- 148 Removing or concealing buoys etc
- 151 Forcible entry on land
- 152 Forcible detainer of land
- 153 Disclosure of information by territory officer
- 154 Additional offences on territory premises
PART 7--ESCAPE PROVISIONS
- 158 Meaning of detention during pleasure
- 159 Aiding prisoner to escape
- 160 Escaping
- 161 Rescuing a prisoner from custody etc
- 162 Person unlawfully at large
- 163 Permitting escape
- 164 Harbouring etc escapee
- 166 Failure to answer bail etc—offence
PART 8--ANABOLIC STEROIDS
- 170 Meaning of anabolic steroid
- 171 Prescribing and supplying anabolic steroids
- 172 Possessing anabolic steroids
- 173 Administering anabolic steroids
PART 9--EXCLUSION POWERS
- 174 Definitions—pt 9
- 175 Exclusion direction
- 176 Exclusion zone
- 177 Exclusion direction—information to be given
- 178 Exclusion direction—information to be recorded
- 179 Failing to comply with exclusion direction
PART 10--CRIMINAL INVESTIGATION
Division 10.1--Preliminary
- 185 Definitions for pt 10
- 185A Search of transgender or intersex person
- 186 Application of pt 10
- 187 Application of Cwlth Crimes Act, pt 1C
Division 10.2--Preventative action
- 188 Police powers of entry
- 189 Issue of warrant
- 190 Entry in emergencies
- 191 Seizure of firearms—warrants and emergencies
- 192 Seizure of firearms—protection orders
- 193 Power to conduct search of person for knife
Division 10.3--Search warrants
- 194 When search warrants can be issued
- 194A Electronic versions of affidavits and warrants
- 195 The things that are authorised by search warrant
- 196 Availability of assistance and use of force in executing warrant
- 197 Details of warrant to be given to occupier etc
- 198 Specific powers available to police officers executing warrant
- 199 Use of equipment to examine or process things
- 200 Use of electronic equipment at premises
- 201 Compensation for damage to electronic equipment
- 202 Copies of seized things to be provided
- 203 Occupier entitled to be present during search
- 204 Receipts for things seized under warrant
- 205 Warrants by telephone or other electronic means
- 206 Restrictions on personal searches
Division 10.4--Powers to stop and search
- 207 Stopping, searching and detaining people
- 208 How a police officer exercises a power under s 207
- 209 Stopping, searching and detaining conveyances
- 210 How a police officer exercises a power under s 209
Division 10.4A--Crime scene powers
- 210A Definitions—div 10.4A
- 210B Meaning of public place—div 10.4A
- 210C Establish crime scene—public place
- 210D Establish crime scene—private premises
- 210E When crime scene established
- 210F Senior police officer to be told about crime scene
- 210G Crime scene powers
- 210H Crime scene—duration
- 210I Crime scene—frequency
- 210J Crime scene obligations—all places
- 210K Crime scene obligations—conveyances
- 210L Offence—fail to comply with direction
Division 10.5--Arrest and related matters
- 211 Requirement to provide name etc
- 212 Power of arrest without warrant by police officers
- 213 Arrest without warrant in possession
- 214 Arrest of prisoner unlawfully at large
- 217 Arrest without warrant for offences committed outside ACT
- 218 Power of arrest without warrant by other persons
- 219 Warrants for arrest
- 220 Power to enter premises to arrest offender
- 221 Use of force in making arrest
- 222 Persons to be informed of grounds of arrest
- 223 Power to conduct frisk search of arrested person
- 224 Power to conduct ordinary search of arrested person
- 225 Power to conduct search of arrested person's premises
- 226 Power to conduct search at police station
- 227 Power to conduct strip search
- 228 Rules for conduct of strip search
- 229 Safekeeping of things seized
- 230 Identification material—person at least 18 years old
- 230A Identification material—person under 18 years old
- 231 Destruction of identification material
- 232 Offence—refusing to allow fingerprint or photo to be taken
- 233 Identification parades—general
- 234 Identification parades for suspects under 18 etc
- 235 Identification by means of photographs
- 236 Identification procedures if more than 1 suspect
- 237 Descriptions
- 238 Examination
Division 10.6--General
- 239 Assisting officers—search and arrest of persons
- 240 Conduct of ordinary searches and frisk searches
- 241 Announcement before entry
- 242 Offence of making false statements in warrants
- 243 Offences relating to telephone warrants
- 244 Return of seized knife or thing
- 245 Magistrates Court may permit thing to be retained
- 247 Laws relating to taking forensic samples not affected
- 248 Forfeiture of knife
- 249 Seizure of forfeited articles
- 250 Disposal of forfeited articles by public trustee
- 252 When case not to be proceeded with gaoler to discharge prisoner on certificate from
Division 10.7--Particular provisions for children
Subdivision 10.7.1--Arrest of children under the age of criminal
responsibility
- 252A Warrant for arrest of child under the age of criminal
- 252B Arrest of child under the age of criminal responsibility—without
- 252C Police action after arresting child under the age of criminal
Subdivision 10.7.2--Preliminary procedures in relation to children and young
people
- 252D Definitions—subdiv 10.7.2
- 252E Meaning of under restraint
- 252F Meaning of in the company of a police officer
- 252G Interviewing children and young people about offences
- 252H Interviewing children and young people about offences—urgent
- 252I Parents etc to be told if children and young people under restraint
- 252J Police to summons young people unless ineffective
- 252K Parents etc to be told if young people charged
Division 10.8--Investigations relating to acquittals
- 252L Authorisation of police investigations—acquitted person
Division 10.9--Fortification of premises
- 252M Definitions—div 10.9
- 252N Fortification removal order—application for order or variation
- 252O Fortification removal order
- 252P Fortification removal order—length
- 252Q Fortification removal order—compliance period
- 252R Fortification removal order—inspection
- 252S Fortification removal order—removal by police
- 252T Fortification inspection order—application for order or variation
- 252U Fortification inspection order
- 252V Fortification inspection order—length
- 252W Fortification inspection order—inspection
- 252X Exercising powers—announce entry and explain purpose
- 252Y Exercising powers—occupier entitled to be present during
- 252Z Exercising powers—use reasonable force
- 252ZA Premises must not be fortified
- 252ZB Fortification must not be replaced or restored
- 252ZC Protection from liability
- 252ZD Chief police officer delegations
PART 11--INVESTIGATION OF EXTRATERRITORIAL OFFENCES
- 253 Interpretation for pt 11
- 254 Declaration of corresponding law
- 255 Issue of search warrants
- 256 Authority given by search warrant
- 257 Offence of hindering execution of search warrant
- 258 Ministerial arrangements for transmission and return of objects seized under pt 11 or
PART 12--PROCEDURE, EVIDENCE, VERDICT ETC
- 260 What defects do not vitiate indictment
- 261 Formal objections—when to be taken
- 262 Judgment on demurrer to indictment
- 263 Traversing indictment
- 264 Orders for amendment of indictment, separate trial and postponement of
- 265 Amended indictment
- 266 Verdict and judgment valid after amendment
- 267 Form of record after amendment
- 268 Respiting undertakings on postponement
- 269 Separate offences—when can be joined
- 270 Accessories may be charged together in 1 indictment
- 271 Indictment charging previous offence also
- 272 Property of partners or joint owners
- 273 Description of written instruments
- 274 General averment of intent to defraud or injure
- 275 Indictment for murder or manslaughter
- 276 Form of indictment against accessories to murder
- 277 Addition of count for assault
- 279 Indictments for conspiracy
- 280 Arraignment etc on charge of previous conviction
- 280A Treason trials
- 281 Plea of not guilty
- 282 Refusal to plead
- 283 Plea of autrefois convict etc
- 284 Practice as to entering the dock
- 285 Accused may be defended by lawyer
- 286 Right to inspect depositions on trial
- 287 Power of judge to record verdict of acquittal
- 288 Notice of alibi
- 289 Abolition of presumption of marital coercion
- 290 Incriminating statements admissible though on oath
- 291 Evidence of previous conviction charged in indictment
- 292 Proof of lawful authority or excuse
- 294 Order of closing addresses
- 295 Witnesses in mitigation
- 296 Conviction for alternative offence
- 297 After trial for offence, if alternative verdict possible, no further
- 298 On trial for any offence—verdict of attempt
- 299 Multiple alternative verdicts
PART 13--UNFITNESS TO PLEAD AND MENTAL IMPAIRMENT
Division 13.1--Preliminary
- 300 Definitions for pt 13
- 301 Limitation on orders and detention—non-acquittals
- 302 Limitation on orders and detention—acquittals
- 303 Limitation on Supreme Court orders
- 304 Limitation on orders and detention—dismissal of charge
- 305 Limitation on orders and detention—Magistrates Court
- 306 Limitation on Magistrates Court orders
- 307 How relevant court may inform itself
- 308 Criteria for detention
- 309 Assessment whether emergency detention required
Division 13.2--Unfitness to plead
- 310 Application of div 13.2
- 311 When a person is unfit to plead
- 312 Presumption of fitness to plead, standard of proof etc
- 313 Who can raise question of unfitness to plead
- 314 Procedure if question raised
- 315 Procedure if question reserved for investigation
- 315A Investigation into fitness to plead
- 315B Person found fit to plead
- 315C Person found unfit to plead and unlikely to become fit to plead
- 315D Person found temporarily unfit to plead
- 316 Special hearing
- 317 Verdicts available at special hearing
- 318 Non-acquittal at special hearing—non-serious offence
- 319 Non-acquittal at special hearing—serious offence
- 319A Action if accused becomes fit to plead after special hearing
Division 13.3--Supreme Court—special verdict of not guilty because of mental impairment
- 321 Supreme Court—plea of not guilty because of mental impairment
- 322 Explanation to jury
- 323 Supreme Court orders following special verdict of not guilty because of mental
- 324 Supreme Court orders following special verdict of not guilty because of mental
Division 13.4--Magistrates Court—finding of not guilty because of mental impairment
- 325 Meaning of serious offence in div 13.4
- 327 Magistrates Court—plea of not guilty because of mental impairment
- 328 Magistrates Court orders following finding of not guilty because of mental
- 329 Magistrates Court orders following finding of not guilty because of mental
Division 13.5--Referring people with mental impairment to ACAT after conviction
- 330 Application of div 13.5
- 331 Referral to ACAT
Division 13.6--Summary proceedings against mentally impaired people
- 332 Application of div 13.6
- 333 Indictable offences heard and determined summarily
- 334 Powers of Magistrates Court
- 335 Fitness to plead—Magistrates Court
- 335A Action if accused becomes fit to plead after hearing
- 336 How Magistrates Court may be informed
PART 16--PROCEEDINGS AFTER SENTENCE
- 367 Procedure on forfeiture
- 371 What not sufficient to stay or reverse judgment
- 372 Pronouncing proper judgment
- 373 New trials regulated
PART 17--OFFENCES PUNISHABLE SUMMARILY AND SUMMARY PROCEDURE GENERALLY
- 374 Summary disposal of certain cases at prosecutor's election
- 375 Summary disposal of certain cases—Magistrates Court
- 375AA Summary disposal of certain cases—Childrens Court
- 375A Withdrawal of consent to summary disposal of case
- 376 Saving of other summary jurisdiction
- 377 Certificate of dismissal
- 378 Summary conviction or dismissal bar to indictment
- 379 Misbehaviour at public meetings
- 380 Possession of offensive weapons and disabling substances
- 381 Possession of offensive weapons and disabling substances with intent
- 382 Possession of knife in public place or school
- 383 Sale of knife to person under 16
- 384 Retail supplier of knives to display sign
- 385 Laying of poison
- 387 Making false invoice
- 388 Application of compensation
- 389 Obstruction of stream etc
- 390 Entrance to cellars etc
- 391 Fighting
- 392 Offensive behaviour
- 393 Indecent exposure
- 393A Urinating in public place
- 394 Noise abatement directions
- 395 Bogus advertisements
- 396 Public mischief
- 397 Apprehended violence or injury—recognisance to keep the peace etc
- 398 Alternative methods of proceeding before magistrate
- 399 General averment of intent to defraud or injure
PART 20--INQUIRIES INTO CONVICTIONS
Division 20.1--Preliminary
- 421 Definitions for pt 20
Division 20.2--How to start inquiry
Division 20.3--Inquiry procedure
- 426 Application of Inquiries Act
- 427 Appointment of board of inquiry
- 428 Report by board
Division 20.4--Supreme Court orders following inquiry report
- 429 Publication of report
- 430 Action on report by Supreme Court
Division 20.5--Application to earlier convictions
- 432 Inquiries about earlier convictions
PART 22--MISCELLANEOUS
- 434A Application of certain sections of Commonwealth Crimes Act to territory
- 434B Joinder of charges
- 434C Aggravated offence may allege more than 1 factor of aggravation
- 435 Protection of persons acting under Act
- 437 Power of courts to bring detainees before them
- 438 Witnesses neglecting to attend trial and captured under warrant may be admitted to
- 439 Offence of criminal defamation
- 440 Prosecutions for blasphemy
- 441 Retrospective repeal of limitation period on criminal proceeding for particular sexual
- 441A Criminal proceedings not allowed by section 441
- 441B Retrospective application of repealed alternative verdict provision for carnal
- 442 Change of venue
- 442A Record of youth offence particulars not to be disclosed in court
- 442C Review of operation of offences of abuse of vulnerable people
- 442D Review—pt 3
- 443 Approved forms
- 444 Regulation-making power
PART 33--TRANSITIONAL--JUSTICE (AGE OF CRIMINAL RESPONSIBILITY) LEGISLATION AMENDMENT ACT 2023
Division 33.1--General
Division 33.2--Ending action etc for youth offences
- 625 Application—div 33.2
- 626 Law enforcement action
- 627 Criminal procedures, proceedings and sentences
- 628 Destruction of forensic material etc
- 629 Release of person from custody
Division 33.3--Validity of past criminal justice action
- 630 Meaning of criminal justice action—div 33.3
- 631 Past lawful acts not affected
- 632 Protection from liability
- 633 No entitlement to compensation etc