(1) In this Act, except in so far as the context or subject-matter otherwise
indicates or requires--
"accused person" includes, in relation to summary offences, a defendant and,
in relation to all offences (where the subject-matter or context allows or
requires), an Australian legal practitioner representing an accused person.
"coincidence evidence" has the same meaning as it has in the Evidence Act
1995 .
"committal proceedings" means proceedings before a Magistrate for the purpose
of committing a person charged with an indictable offence for trial or
sentence.
"court" means--
(a) the Supreme Court, the Court of Criminal Appeal, the Land
and Environment Court, the District Court or the Local Court, or
(b) any
other court that, or person who, exercises criminal jurisdiction,
"law enforcement or investigating officer" , for an alleged offence, means a
police officer, or another officer or a member of staff of an agency created
by or under an Act, who is responsible for an investigation into a matter
involving the suspected commission of the alleged offence.
"offence" means an offence against the laws of the State (including a common
law offence).
(c) an offence (including an offence under section 86
of the Crimes Act 1900) that includes the commission of, or an intention to
commit, an offence referred to in paragraph (a) or (b), or
(d) an offence of
attempting, or of conspiracy or incitement, to commit an offence referred to
in paragraph (a), (b) or (c).
"prosecutor" means the Director of Public Prosecutions or other person who
institutes or is responsible for the conduct of a prosecution and includes
(where the subject-matter or context allows or requires) an Australian legal
practitioner representing the prosecutor.
"public officer" means any of the following persons, if acting in an official
capacity--
(a) an employee in the Public Service or the NSW Police Force,
(b)
an officer or employee of a statutory body representing the Crown,
(2) Notes
included in this Act are explanatory notes and do not form part of this Act.
(3) In the absence of evidence to the contrary, a person specified in
paragraphs (a)-(f) of the definition of
"public officer" who purports to exercise a function as a public officer under
this Act is presumed to be acting in an official capacity.
(4) In this Act, a
reference to the
"empanelment of a jury" is, in the case of a trial by a Judge alone, taken to
be a reference to the point in time when the Judge first assumes the role of
the tribunal of fact.