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CRIMES ACT 1914 - SECT 15MA Meaning of criminal proceeding

CRIMES ACT 1914 - SECT 15MA

Meaning of criminal proceeding

  (1)   In this Part, criminal proceeding means a proceeding for the prosecution, whether summarily or on indictment, of an offence or offences.

  (2)   To avoid doubt, each of the following is part of a criminal proceeding :

  (a)   a bail proceeding;

  (b)   a committal proceeding;

  (c)   the discovery, exchange, production, inspection or disclosure of intended evidence, documents and reports of persons intended to be called by a party to give evidence;

  (d)   a sentencing proceeding;

  (e)   an appeal proceeding;

  (f)   a proceeding with respect to any matter in which a person seeks a writ of mandamus or prohibition or an injunction against an officer or officers of the Commonwealth (within the meaning of subsection   39B(1B) of the Judiciary Act 1903 ) in relation to:

  (i)   a decision to prosecute a person for one or more offences against a law of the Commonwealth; or

  (ii)   a related criminal justice process decision (within the meaning of subsection   39B(3) of that Act);

  (g)   any other pre - trial, interlocutory or post - trial proceeding prescribed by regulations for the purposes of this paragraph.

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