CRIMINAL PROCEDURE REGULATION 2010

This legislation has been repealed.

CRIMINAL PROCEDURE REGULATION 2010

- Made under the Criminal Procedure Act 1986
- As at 1 September 2017
- Reg 474 of 2010

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - LISTING OF CRIMINAL PROCEEDINGS

   4.      Information for Criminal Listing Director
   5.      Notice of appearance
   6.      Transcript
   7.      Notice of readiness
   8.      Application to stay indictment
   9.      Notice of listing

   PART 2A - COURT COSTS LEVY

   9A.     Court costs levy
   9B.     Exemption from liability to pay levy

   PART 3 - FEES

   10.     Amounts payable in relation to court proceedings
   11.     Amounts payable in relation to Sheriff's functions
   12.     Persons by and to whom fees are payable
   13.     When fees become due
   14.     General power to waive, postpone and remit fees
   15.     Postponement of fees for legally assisted persons
   15A.    Court fees payable by certain NSW Government agencies or statutory bodies representing the Crown

   PART 4 - RECORDED INTERVIEWS WITH VULNERABLE PERSONS

   16.     Definitions
   17.     Prosecuting authority notice
   18.     Defence notice
   19.     Recorded interview to be made available within 7 days

   PART 5 - EVIDENTIARY MATTERS

   20.     Notice--evidence of substantial mental impairment
   21.     Offences for which briefs of evidence not required
   22.     Short briefs of evidence required in certain circumstances
   23.     (Repealed)
   24.     New trials of sexual assault proceedings--notice of intention to tender record of original evidence of complainant
   25.     Access to record of original evidence of complainant
   26.     Compellability of spouses
   27.     Depositions by persons dangerously ill
   27A.    Authorised classifiers

   PART 6 - CIRCLE SENTENCING INTERVENTION PROGRAM

           Division 1 - Preliminary

   28.     Program declared to be intervention program
   29.     Definitions
   30.     Application
   31.     Summary of process for participation in program

           Division 2 - Assessment of suitability to participate

   32.     Notification of suitability assessment order
   33.     Meeting of Aboriginal Community Justice Group
   34.     Role of Aboriginal Community Justice Group

           Division 3 - The circle sentencing intervention program

   35.     Objectives of the program
   36.     Eligibility to participate in program
   37.     Measures that constitute the circle sentencing program
   38.     Convening of circle sentencing group
   39.     Constitution of circle sentencing group
   40.     Functions of circle sentencing groups
   41.     Exclusions of persons from circle sentencing groups
   42.     Termination of circle sentencing group meeting
   43.     Victims to be heard
   44.     Procedure generally
   45.     Records of meetings
   46.     Reconvening of the circle sentencing group

           Division 4 - Aboriginal Community Justice Groups

   47.     Minister to establish Group for each declared place
   48.     Appointment of members of Groups
   49.     Functions of Groups
   50.     Procedure

           Division 5 - Miscellaneous

   51.     Project Officer (Circle Sentencing)
   52.     Minister may issue guidelines
   53.     Evidence of statements generally inadmissible
   54.     Prohibition on disclosure of information

   PART 7 - FORUM SENTENCING INTERVENTION PROGRAM

           Division 1 - Preliminary

   55.     Program declared to be intervention program
   56.     Definitions
   57.     Application
   58.     Summary of process for participation in program

           Division 2 - Making assessments and ensuring victim participation

   59.     Notification of suitability assessment order
   60.     Assessment of appropriateness of offender's case
   60A.    Assessment of offender's capacity and prospects for participation in program
   60B.    Victim details may be sought
   60C.    Victims must be contacted

           Division 3 - The forum sentencing program

              Subdivision 1 - Preliminary

   61.     Objectives of the program
   62.     Principles to guide the program
   63.     Eligibility to participate in program
   63A.    (Repealed)
   64.     Measures that constitute the forum sentencing program
   65.     Decision not to participate in program
   65A.    Victim withdraws consent to participate in conference or offender's case otherwise becomes unsuitable for program

              Subdivision 2 - Conferences

   66.     Notification of forum participation order
   67.     Time limit for holding conferences
   68.     Preparation for conferences
   69.     Participants in conferences
   70.     Exclusion of persons from attending conference
   71.     Conference may deal with more than one offender and offence
   72.     Views of persons invited but not in attendance
   73.     Facilitation of conferences to be in accordance with guidelines
   74.     Representation at conferences
   75.     Non-attendance at conferences
   76.     Draft intervention plans
   77.     Draft intervention plan to be reported to court

              Subdivision 3 - Intervention plans

   78.     Referring back draft intervention plans
   79.     Notification of approval or refusal
   80.     Implementation of intervention plan

           Division 4 - Forum facilitators and senior forum facilitators

   81.     Forum facilitators
   82.     Senior forum facilitators
   83.     Remuneration of forum facilitators and senior forum facilitators
   84.     Vacancy in office of forum facilitators and senior forum facilitators

           Division 5 - Miscellaneous

   85.     Minister may issue guidelines
   86.     Evidence of statements generally inadmissible
   87.     Prohibition on disclosure of information

   PART 8 - TRAFFIC OFFENDER INTERVENTION PROGRAM

           Division 1 - Preliminary

   88.     Program declared to be intervention program
   89.     Definitions
   90.     Summary of process for participation in program

           Division 2 - Determining eligibility to participate in program

   91.     Eligibility to participate in program

           Division 3 - The traffic offender intervention program

   92.     Objectives of the program
   93.     Measures that constitute the program
   94.     Reports to Local Court on compliance
   95.     Approved traffic course provider to make records

           Division 4 - Approved traffic courses

   96.     Secretary may approve courses for program
   97.     Approved traffic course to comply with guidelines

           Division 5 - Miscellaneous

   98.     Minister may issue guidelines
   99.     Evidence of statements generally inadmissible
   100.    Prohibition on disclosure of information

   PART 8A - CHILD SEXUAL OFFENCE EVIDENCE PILOT SCHEME

   100A.   Qualifications for inclusion on panel of suitable children's champions
   100B.   Suspension or revocation of inclusion of children's champions on panel
   100C.   Form of oath or affirmation taken or made by children's champions
   100D.   Fees

   PART 9 - MISCELLANEOUS

   101.    Public officers
   102.    Certificate by Attorney General or Director of Public Prosecutions that no further proceedings to be taken
   103.    Offences not within jurisdiction of District Court
   104.    Issue of subpoenas in AVO proceedings
   105.    Election not to have indictable offence dealt with summarily
   106.    Penalty notice offences
   107.    Delegation of functions
   108.    Savings
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 2A
           SCHEDULE 3