CRIMINAL PROCEDURE ACT 1986 - SECT 67 Charge certificate must be filed

CRIMINAL PROCEDURE ACT 1986 - SECT 67

67 Charge certificate must be filed

(1) A charge certificate must be filed by the prosecutor in the registry of the Local Court, and served or caused to be served on the accused person, not later than the day set by order by the Magistrate.

(2) The day must--

(a) be set after the service of the brief of evidence in the committal proceedings, and

(b) be not later than 6 months after the first return date for a court attendance notice in the committal proceedings.

Note : The first court appearance required by the court attendance notice may be before a registrar exercising certain functions of the court pursuant to rules of the court, or the functions of an authorised justice under the Bail Act 2013 .

(3) However, the Magistrate may set a day for the filing of a charge certificate that is later than 6 months after the first return date for a court attendance notice in the committal proceedings--

(a) with the consent of the accused person, or

(b) if it is in the interests of justice to do so.

(4) In determining whether or not it is in the interests of justice to set a later day, the Magistrate is to consider the complexity of the matters the subject of the proceedings. This subsection does not limit the matters that may be considered by the Magistrate.

(5) If the prosecutor determines that an offence other than an offence specified in the charge certificate filed by the prosecutor is to be the subject of the proceedings against the accused person, the prosecutor must file in the registry of the Local Court, and serve or cause to be served on the accused person, an amended charge certificate before the accused person is committed for trial or sentence.