New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986

- As at 1 August 2008
- Act 209 of 1986

TABLE OF PROVISIONS

           Long Title

CHAPTER 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Definitions
   4.      Regulations and rules
   4A.     Fees

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 Courts
   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

   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

   45.     Application of Chapter and definitions
   46.     Jurisdiction of courts

   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.     Magistrate to conduct proceedings
   56.     Committal proceedings to be heard in open court
   57.     Part does not affect nature of committal proceedings
   58.     Place of hearing
   59.     Application of other procedural provisions to committal proceedings
   60.     Time for taking prosecution evidence
   61.     Discharge of accused person if prosecutor not present for taking of evidence
   62.     Prosecution evidence and initial determination
   63.     Where prosecution evidence sufficient to satisfy jury
   64.     Decision about committal
   65.     Committal
   66.     Discharge
   67.     Committal may be set aside by Magistrate
   68.     Accused person may waive committal hearing
   69.     Magistrate may end witnesses’ evidence
   70.     Certain evidence may not be excluded

           Division 3 - Prosecution evidence

   71.     Evidence to be taken in presence of accused person
   72.     Magistrate may excuse accused person from attending
   73.     Other circumstances in which evidence may be taken in absence of accused person
   74.     Prosecution evidence to be in written form
   75.     Written statements to be served on accused person
   76.     Recordings of interviews with vulnerable persons
   77.     When prosecution evidence may be given in other ways
   78.     Evidentiary effect of written statements
   79.     Form and requirements for written statements
   80.     Rules relating to written statements
   81.     Written statement must be signed by its maker or another person on the maker’s behalf
   82.     Written statement must be signed by witness
   83.     Presumptions about written statements
   84.     Presumptions about signatures
   85.     False statements
   86.     Evidence not to be admitted
   87.     Inadmissible written statements or parts of statements to be rejected
   88.     Death of person who made statement
   89.     Notice of rights to unrepresented accused person
   90.     Magistrate may set aside requirements for written statements
   91.     Witness may be directed to attend
   92.     When accused person may apply to have witness attend
   93.     Victim witnesses generally not to be directed to attend
   94.     Meaning of “offence involving violence”
   95.     Use of previous statements in cases involving prescribed sexual offences
   96.     Application of Division to proceedings where there is more than one accused person

           Division 4 - Defence evidence

   97.     Evidence for accused person
   98.     Other evidence about accused person

           Division 5 - Procedure if accused person pleads guilty

   99.     Effect of guilty plea
   100.    Guilty plea may be accepted or rejected
   101.    Effect of rejection of guilty plea
   102.    Effect of acceptance of guilty plea
   103.    Procedure applicable after committal for trial
   104.    Higher court may refer accused person back to Magistrate
   105.    Disposal of proceedings by higher court
   106.    Change to not guilty plea in higher court
   107.    Attorney General or Director of Public Prosecutions may direct that no further proceedings be taken
   108.    Meaning of “accused person”

           Division 6 - Procedure after committal for trial or sentence

   109.    Accused person to be committed to correctional centre
   110.    Bail undertakings and conditions 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 and witnesses’ statements
   115.    Meaning of “accused person”

           Division 7 - Costs

   116.    When costs may be awarded to accused persons
   117.    Limit on circumstances when costs may be awarded against a public officer
   118.    Costs on adjournment
   119.    Content of costs orders
   120.    Enforcement of costs orders

   PART 3 - TRIAL PROCEDURES

           Division 1 - Listing

   121.    Definitions
   122.    Listing
   123.    Authority of Criminal Listing Director
   124.    Liaison
   125.    Certain matters not affected

           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 bind trial Judge in sexual offence proceedings
   131.    Trial by jury in criminal proceedings
   132.    Trial by Judge in criminal proceedings
   133.    Verdict of single Judge

           Division 3 - Pre-trial disclosure-case management

   134.    Purpose
   135.    Definitions
   136.    Court may order pre-trial disclosure in particular case
   137.    Pre-trial disclosure requirements-general
   138.    Disclosure of case for the prosecution
   139.    Defence response
   140.    Prosecution response to defence response
   141.    Disclosure requirements are ongoing
   142.    Court may waive requirements
   143.    Requirements as to notices
   144.    Copies of exhibits and other things not to be provided if impracticable
   145.    Personal details not to be provided
   146.    Requirements as to statements of witnesses
   147.    Exemption for matters previously disclosed
   148.    Sanctions for non-compliance with pre-trial disclosure requirements
   149.    Miscellaneous provisions

           Division 4 - Pre-trial disclosure-general

   150.    Notice of alibi
   151.    Notice of intention to adduce evidence of substantial mental impairment

           Division 5 - Pleadings on trial

   152.    Arraignment on charge of previous conviction
   153.    Guilty plea to offence not charged
   154.    Plea of “not guilty”
   155.    Refusal to plead
   156.    Plea of autrefois convict
   157.    Change to guilty plea during 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

           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 Courts

CHAPTER 4 - SUMMARY PROCEDURE

   PART 1 - PRELIMINARY

   170.    Application
   171.    Definitions

   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
   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

           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
   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 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

   219.    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 1978
   231.    Action that may be taken if witness refuses to give evidence
   232.    Rules relating to subpoenas

   PART 4 - WARRANTS

           Division 1 - Preliminary

   233.    Application
   234.    Definition

           Division 2 - Arrest warrants

   235.    When arrest warrants may be issued for accused persons
   236.    Form of arrest warrant
   237.    Duration of arrest warrants
   238.    Persons who may execute arrest warrant
   239.    Procedure after arrest
   240.    Revocation of warrants

           Division 3 - Warrants of commitment

   241.    Power to commit person to correctional centre subject to Bail Act 1978
   242.    Form of warrants of commitment
   243.    Procedure for taking person to correctional centre or other place
   244.    Defects in warrants of commitment

   PART 5 - SUMMARY JURISDICTION OF SUPREME COURT AND OTHER HIGHER COURTS

           Division 1 - Jurisdiction

   245.    Summary jurisdiction of Supreme Court

           Division 2 - Appearance of accused persons

   246.    Orders for appearance or apprehension of accused persons
   247.    Notices to be given to prosecutor

           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 COURTS

   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 Division 2 of Part 4 of Crimes Act 1900

CHAPTER 6 - EVIDENTIARY MATTERS

   PART 1 - PRELIMINARY

   274.    Application
   275.    Definitions

   PART 2 - GENERAL

   275A.   Improper questions
   275B.   Witness with communication difficulty entitled to assistance from person or communication aid
   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 spouses to give evidence in certain proceedings
   280.    Disclosure of address or telephone number of witness
   281.    Admissions by suspects

   PART 2A - SENSITIVE EVIDENCE

   281A.   Definitions
   281B.   Sensitive evidence-meaning
   281C.   Accused person not entitled to copy of sensitive evidence
   281D.   Procedures for giving access to sensitive evidence to accused person
   281E.   Prosecuting authority entitled to retain possession of sensitive evidence
   281F.   Improper copying or circulation of sensitive evidence

   PART 3 - MEDICAL EXAMINATIONS AND LAW ENFORCEMENT DEVICES

   282.    Medical examinations
   283.    Law enforcement devices

   PART 4 - DEPOSITIONS AND WRITTEN STATEMENTS

   284.    Depositions by persons dangerously ill
   285.    Depositions tendered by prosecution
   286.    Depositions tendered by accused person
   287.    Evidentiary effect of certain transcripts
   288.    Depositions taken during pre-trial investigations
   289.    Written statements admitted in committal proceedings

   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.    Publication of evidence may be forbidden in certain cases
   293.    Admissibility of evidence relating to sexual experience
   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

           Division 2 - Sexual assault communications privilege

   295.    Interpretation
   296.    What is a protected confidence?
   297.    Evidence of sexual assault communications not to be required to be produced, or adduced in or in connection with, preliminary criminal proceedings
   298.    Evidence of sexual assault communications may be required to be produced in, or in connection with, criminal proceedings, or adduced, with leave
   299.    Notice required before evidence is produced for inspection or adduced
   300.    Effect of consent
   301.    Loss of sexual assault communications privilege: misconduct
   302.    Ancillary orders
   303.    Court to inform of rights to make applications and objections
   304.    Court may inspect documents
   305.    Inadmissibility of evidence that must not be adduced or given
   306.    Application of common law

           Division 3 - Special provisions relating to retrials of sexual offence proceedings

   306A.   Definitions
   306B.   Admission of evidence of complainant in new trial proceedings
   306C.   Complainant not compellable to give further evidence
   306D.   Complainant may elect to give further evidence
   306E.   Form in which record of original evidence of complainant 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 in new trial proceedings
   306J.   Whether complainant compellable to give further evidence
   306K.   Complainant 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

   306M.   Definitions
   306N.   Words and expressions used in Evidence Act 1995
   306O.   Relationship to Evidence Act 1995
   306P.   Application of Part

           Division 2 - Recording of out of court statements

   306Q.   Regulations may require interviews with vulnerable persons to be recorded

           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 supportive 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

CHAPTER 7 - MISCELLANEOUS

   PART 1 - GENERAL

   307.    No court fees to be taken from accused persons
   308.    Witnesses neglecting to attend trial captured under warrant may be admitted to bail
   309.    Certificate as to indictment
   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
   315.    Savings, transitional and other provisions
   316.    Provisions relating to offences
   317.    Bail Act 1978 to prevail
   317A.   Courts to deal expeditiously with persons arrested for sentencing

   PART 2 - (Repealed)
   None

   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
   Note

           Division 1 - Preliminary

   345.    Objects
   346.    Definitions

           Division 2 - Intervention programs

   347.    Declaration and regulation of intervention programs
   348.    Offences in respect of which an intervention program may be conducted
   349.    Eligibility of certain persons to participate in intervention program

           Division 3 - Adjournment of criminal proceedings in connection with intervention program

   350.    Court may adjourn proceedings to allow accused person to be assessed for or to participate in intervention program

           Division 4 - Miscellaneous

   351.    Regulations with respect to the provision or disclosure of information in connection with intervention programs
   352.    Relationship with other legislation
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3