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CRIMINAL PROCEDURE ACT 1986 - SCHEDULE 1

SCHEDULE 1 – Indictable offences triable summarily

Table 1A - General provisions

1A Interpretation: value of property

For the purposes of this Schedule, a reference to the amount of damage to property in connection with a charge for an offence against section 195 or 197 of the Crimes Act 1900 is a reference to the total value of the property where the damage consists of removing, obliterating, defacing or altering the unique identifier of the property.

Table 1 - Indictable offences that are to be dealt with summarily unless prosecutor or person charged elects otherwise

Part 1 - Offences against the person under Crimes Act 1900

1 Offences against the person where victim 14 years of age or over

An offence under section 61E, 66C (1) (as in force before the commencement of Schedule 1 [9] to the Crimes Amendment (Sexual Offences) Act 2003 ), 66C (3) (as in force after the commencement of Schedule 1 [9] to the Crimes Amendment (Sexual Offences) Act 2003 ), 66D, 71, 72, 76, 76A or 81 of the Crimes Act 1900 where the person against whom the offence was committed was at the time of the commission of the offence of or above the age of 14 years.

2 Other offences against the person

An offence under section 31, 31C, 33B (1), 35, 35A (1), 39, 41, 41A, 43, 43A, 44, 49, 51A, 52A (other than an offence by which death was occasioned), 52B (other than an offence by which death was occasioned), 53, 54, 55, 57, 60 (2) or (2A), 60A (2), 60E (2), 61M, 61O (2) or (2A), 66EB, 78Q, 80, 81A, 81B, 81C, 82, 83, 84, 85 (where the person charged is the mother of the child and is not charged with any other person), 90, 91, 91A, 91B, 91H, 91J (3), 91K (3), 91L (3), 92 or 93 of the Crimes Act 1900 .

Part 2 - Offences relating to property under Crimes Act 1900 or common law

3 Larceny and other offences exceeding $5,000

Any of the following offences where the value of the property, matter or thing, or the damage, or the amount of money or reward, in respect of which the offence is charged exceeds $5,000:

(a) larceny, or
(b) an offence of stealing any chattel, money or valuable security from another person (eg section 94 of the Crimes Act 1900 ), or
(c) an offence under section 3B, 125, 126, 131, 132, 133, 139, 140, 148, 150, 151, 152, 156, 157, 158, 159, 160, 178A, 178B, 178BA, 178BB, 178C, 179, 184, 185, 185A, 186, 188, 189, 189A, 190, 192 or 195 of the Crimes Act 1900 .

4 Offences taken to be, or punishable as, larceny or stealing

Any offence that under the Crimes Act 1900 is taken to be, or is made punishable as, larceny or stealing (other than an offence under section 125, 139, 140 or 154A of that Act).

5 Breaking and entering place of Divine worship with intent to commit serious indictable offence

An offence under section 107 (1) of the Crimes Act 1900 .

6 Entering with intent to commit serious indictable offence, or commit serious indictable offence, in dwelling-house and breaking out

An offence under section 109 (1) of the Crimes Act 1900 where:

(a) the serious indictable offence intended is stealing or maliciously destroying or damaging property, or
(b) the serious indictable offence alleged is stealing or maliciously destroying or damaging property and the value of the property stolen or destroyed, or the value of the damage to the property, does not exceed $15,000.

7 Entering dwelling-house in the night or breaking and entering any house or other building with intent to commit serious indictable offence

An offence under section 111 (1) or 113 (1) of the Crimes Act 1900 where the serious indictable offence intended is stealing or maliciously destroying or damaging property.

8 Breaking and entering into, or being in, any house or other building and committing serious indictable offence

An offence under section 112 (1) of the Crimes Act 1900 where:

(a) the serious indictable offence alleged is stealing or maliciously destroying or damaging property, and
(b) the value of the property stolen or destroyed, or the value of the damage to the property, does not exceed $15,000.

9 Other property offences

An offence under section 99, 100, 100A, 102, 114 (1) (a), (c) and (d), 115, 135, 138, 153, 154AA, 154B (1), 154C, 154D, 154F, 165, 166, 168, 169, 170, 172, 173, 174, 175, 176, 176A, 181, 184A, 196, 197, 199, 200, 201, 202, 203 or 203C of the Crimes Act 1900 .

9A Bushfires

An offence under section 203E of the Crimes Act 1900 .

Part 3 - Other offences under Crimes Act 1900 or the common law

10 Offences relating to public order

An offence under section 93B or 93C of the Crimes Act 1900 .

10A Offences relating to contamination of goods

An offence under section 93IB, 93IC or 93ID (or section 93K, 93L or 93M) of the Crimes Act 1900 .

10B Offences relating to bomb and other hoaxes

An offence under section 93IH or 93II (or section 93Q or 93R) of the Crimes Act 1900 .

10C Offences relating to participation in criminal groups

An offence under section 93IK (2) or (3) (or section 93T (2) or (3)) of the Crimes Act 1900 .

11 Offences relating to transport services

An offence under section 207, 208 (4), 209, 210, 212 or 213 of the Crimes Act 1900 .

12 Corrupt practices

(1) An offence under section 249B, 249D or 249E of the Crimes Act 1900 , or an offence under section 249F of that Act of aiding, abetting, counselling, procuring, soliciting or inciting such an offence, where the benefit in respect of which the offence is charged exceeds $5,000.
(2) An offence under section 249C of the Crimes Act 1900 or an offence under section 249F of that Act of aiding, abetting, counselling, procuring, soliciting or inciting such an offence.

12A Blackmail

An offence under section 249K of the Crimes Act 1900 .

13 False instruments

An offence under section 300, 301 or 302 of the Crimes Act 1900 (other than an offence listed in clause 4B of Table 2 to this Schedule) or an offence under section 302A of that Act.

14 Offences relating to computers

An offence under section 308C (where the serious indictable offence to be committed is punishable by imprisonment for 10 years or less), 308D, 308E, 308F or 308G of the Crimes Act 1900 .

15 Public justice offences

(1) Public justice offences not involving intent to procure conviction or acquittal An offence under section 321, 322, 323 or 333 (1) of the Crimes Act 1900 unless the person charged intended to procure the conviction or acquittal of any person of any serious indictable offence.
(2) Other public justice offences An offence under section 314, 315, 315A, 316, 317, 325, 326, 327, 330, 335, 336 or 337 of the Crimes Act 1900 .

15A Offence relating to recruiting children

An offence under section 351A of the Crimes Act 1900 .

16 Escape from lawful custody

(1) Escape from lawful custody.
(2) An offence under section 358C of the Crimes Act 1900 .
(3) Any offence under Part 6A (other than an offence arising under section 310B of the Crimes Act 1900 ).

16A Failing to stop and assist after road accident

An offence under section 52AB of the Crimes Act 1900 .

16B Impersonating police officers

An offence under section 546D (2) of the Crimes Act 1900 .

16C False imprisonment

The common law offence of false imprisonment.

Part 4 - Offences under certain other Acts

17 Bail Act 1978

An offence under section 58 of the Bail Act 1978 .

18 Children and Young Persons (Care and Protection) Act 1998

An offence under section 105 (2) or 175 (1) of the Children and Young Persons (Care and Protection) Act 1998 .

18A Crimes (Criminal Organisations Control) Act 2009

An offence under section 26 or 26A of the Crimes (Criminal Organisations Control) Act 2009 .

19 Electricity Commission Act 1950

An offence under section 76 or 81 of the Electricity Commission Act 1950 .

19A Electricity Supply Act 1995

An offence under section 64 of the Electricity Supply Act 1995 committed by an individual.

20 Financial Institutions Commission Act 1992

An offence under section 21 of the Financial Institutions Commission Act 1992 .

20A Jury Act 1977

An offence under section 68A of the Jury Act 1977 .

21 Justices Act 1902

An offence under section 48H of the Justices Act 1902 .

21A Law Enforcement and National Security (Assumed Identities) Act 1998

An offence under section 15 of the Law Enforcement and National Security (Assumed Identities) Act 1998 .

22 Oaths Act 1900

An offence under section 13 (2), 20, 25, 25A, 29 or 30 of the Oaths Act 1900 .

23 Petroleum (Offshore) Act 1982

An offence under section 120 of the Petroleum (Offshore) Act 1982 .

23A Police Powers (Drug Premises) Act 2001

A second or subsequent offence under section 12, 13 or 14 of the Police Powers (Drug Premises) Act 2001 .

23AA Royal Commissions Act 1923

An offence under section 21, 22 or 23A of the Royal Commissions Act 1923 .

23AB Special Commissions of Inquiry Act 1983

An offence under section 27, 28 or 30 of the Special Commissions of Inquiry Act 1983 .

23B Sydney Opera House Trust Act 1961

An offence under section 28B of the Sydney Opera House Trust Act 1961 , or an offence under section 28C of that Act where the value of the damage exceeds $5,000.

24 Unlawful Gambling Act 1998

A second or subsequent offence under section 9, 11, 15, 19 (1), 31, 32, 33, 35 or 36 of the Unlawful Gambling Act 1998 .

24A Witness Protection Act 1995

An offence under section 32 of the Witness Protection Act 1995 .

25 Legal Profession Act 2004

An offence under section 643 (Improperly destroying property etc) or 675 (Destruction of evidence) of the Legal Profession Act 2004 .

Part 5 - Ancillary offences

26 Attempts

Attempting to commit any offence mentioned in a preceding Part of this Table.

27 Accessories

Being an accessory before or after the fact to any offence mentioned in a preceding Part of this Table (if the offence is a serious indictable offence).

28 Abettors

Aiding, abetting, counselling or procuring the commission of any offence mentioned in a preceding Part of this Table (if the offence is a minor indictable offence).

28A Conspiracies

Conspiring to commit any offence mentioned in a preceding Part of this Table.

28B Incitement

Inciting the commission of any offence mentioned in a preceding Part of this Table.

Part 6 - Offences under Drug Misuse and Trafficking Act 1985

29 Offences involving more than small quantity but not more than indictable quantity

An offence to which section 31 (1) of the Drug Misuse and Trafficking Act 1985 applies where the number or amount of the prohibited plant or prohibited drug concerned is more than the applicable small quantity but not more than the applicable indictable quantity.

30 Offences involving more than indictable quantity but less than commercial quantity (cannabis plant and cannabis leaf)

An offence referred to in section 32 (1) (a)-(f) of the Drug Misuse and Trafficking Act 1985 where the offence relates to cannabis plant or cannabis leaf and the quantity of cannabis plant or cannabis leaf concerned is more than the applicable indictable quantity but less than the applicable commercial quantity.

30A Offence involving possession of precursors for manufacture or production of prohibited drugs

An offence referred to in section 24A of the Drug Misuse and Trafficking Act 1985 .

30B Offences involving possession of prohibited drug precursors

An offence referred to in section 24B of the Drug Misuse and Trafficking Act 1985 .

Part 7 - Offences relating to mining

31 Mining Act 1992

(1) An offence of mining in contravention of a provision of Division 1 of Part 2 of the Mining Act 1992 , where the value of the minerals to which the alleged offence relates is $5,000 or more.
(2) An offence under Division 2 of Part 2 of the Mining Act 1992 .

Table 2 - Indictable offences that are to be dealt with summarily unless prosecutor elects otherwise

Part 1 - Offences against the person under Crimes Act 1900 or Crimes (Domestic and Personal Violence) Act 2007

1 Offences against the person

An offence under section 35A (2), 49A, 56, 58, 59, 59A, 60 (1) or (1A), 60A (1), 60B, 60C, 60E (1) and (4), 61, 61L, 61N or 61O (1) or (1A) of the Crimes Act 1900 .

2 Stalking and intimidation

An offence under section 13 of the Crimes (Domestic and Personal Violence) Act 2007 or section 545AB or 562AB of the Crimes Act 1900 .

Part 2 - Offences relating to property under Crimes Act 1900 or common law

3 Larceny and certain other property offences

Any of the following offences where the value of the property or the damage, or the amount of money or reward, in respect of which the offence is charged does not exceed $5,000:

(a) larceny,
(b) an offence of stealing any chattel, money or valuable security from another person (eg section 94 of the Crimes Act 1900 ),
(c) an offence under section 3B, 125, 126, 131, 132, 133, 139, 140, 148, 150, 151, 152, 156, 157, 158, 159, 160, 178A, 178B, 178BA, 178BB, 178C, 179, 184, 185, 185A, 186, 188, 189, 189A, 190, 192, 195, 249B, 249D or 249E of the Crimes Act 1900 ,
(d) an offence under section 249F of the Crimes Act 1900 of aiding, abetting, counselling, procuring, soliciting or inciting an offence under section 249B, 249D or 249E of that Act.

3A Possession of implement of housebreaking

An offence under section 114 (1) (b) of the Crimes Act 1900 .

4 Other property offences

An offence under section 154A, 154H, 154I or 154J of the Crimes Act 1900 .

4B False instruments

An offence under section 300, 301 or 302 of the Crimes Act 1900 where the value of the property, or amount of remuneration, greater remuneration or financial advantage, in respect of which the offence is charged does not exceed $5,000.

Part 2A - Other offences under Crimes Act 1900

4C Animal cruelty

An offence under section 530 or 531 of the Crimes Act 1900 .

4D Offences relating to participation in criminal groups

An offence under section 93IK (1) (or section 93T (1)) of the Crimes Act 1900 .

Part 3 - Offences under Sydney Opera House Trust Act 1961

Part 4 - Offences relating to firearms and dangerous weapons

6 Crimes Act 1900

An offence under section 93FA (1) or (2), 93G, 93H or 93I of the Crimes Act 1900 .

7 Firearms Act 1996

An offence under section 7, 7A, 36, 43, 44A, 50, 50AA, 50A (1), 51 (1) or (2), 51A, 51BA, 51D (1), 51E, 58 (2), 62, 63, 64, 66, 70, 71A, 72 (1) or 74 of the Firearms Act 1996 .

8 Weapons Prohibition Act 1998

An offence under section 7, 20, 23, 31 or 34 of the Weapons Prohibition Act 1998 .

Part 5 - Offences relating to fires

9 Rural Fires Act 1997

An offence under section 100 (1) of the Rural Fires Act 1997 .

Part 6 - Miscellaneous offences

10 Publishing of child pornography

An offence under section 578C (2A) of the Crimes Act 1900 .

10A Frauds concerning liens on crops and wool or stock mortgages

An offence under section 10 or 20 of the Liens on Crops and Wool and Stock Mortgages Act 1898 .

10B Unauthorised disclosure of information

An offence under section 20R (2) of the Law Enforcement (Controlled Operations) Act 1997 .

Part 7 - Ancillary offences

11 Attempts

Attempting to commit any offence mentioned in a preceding Part of this Table.

12 Accessories

Being an accessory before or after the fact to any offence mentioned in a preceding Part of this Table (if the offence is a serious indictable offence).

13 Abettors

Aiding, abetting, counselling or procuring the commission of any offence mentioned in a preceding Part (other than Part 3) of this Table (if the offence is a minor indictable offence).

14 Conspiracies

Conspiring to commit any offence mentioned in a preceding Part of this Table.

15 Incitement

Inciting the commission of any offence mentioned in a preceding Part of this Table.

Part 8 - Offences relating to drugs

16 Drug Misuse and Trafficking Act 1985

An offence to which section 30 (1) of the Drug Misuse and Trafficking Act 1985 applies where the number or amount of the prohibited plant or prohibited drug concerned is not more than the applicable small quantity.

Part 9 - Offences relating to mining

17 Mining Act 1992

(1) An offence of mining in contravention of a provision of Division 1 of Part 2 of the Mining Act 1992 , where the value of the minerals to which the alleged offence relates is less than $5,000.
(2) An offence under Division 2 of Part 2 of the Mining Act 1992 , where the value of the minerals to which the alleged offence relates is less than $5,000.
(3) An offence, under section 374A of the Mining Act 1992 , of contravening a condition of a lease, licence or mineral claim under that Act that is identified in the lease, licence or claim as a condition related to environmental management.

18 Petroleum (Onshore) Act 1991

(1) An offence of mining petroleum in contravention of section 7 of the Petroleum (Onshore) Act 1991 , where the value of the petroleum to which the alleged offence relates is less than $5,000.
(2) An offence, under section 136A of the Petroleum (Onshore) Act 1991 , of contravening a condition of a petroleum title that is identified in the title as a condition related to environmental management.

Part 10 - Offences relating to surveillance devices

19 Surveillance Devices Act 2007

An offence under Part 2 or 5 (other than section 40 (2)) of the Surveillance Devices Act 2007 .

Part 11 - Offences under Child Protection (Offenders Registration) Act 2000

20 Reporting obligations

An offence under section 17 or 18 of the Child Protection (Offenders Registration) Act 2000 .



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