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CRIMINAL PROCEDURE ACT 1921

Table of Provisions

PART 1--Introductory

  • 1 Short title
  • 4 Interpretation
  • 5 Classification of offences
  • 6 Powers of Supreme Court may be exercised by a Judge in Chambers
  • 7 Abolition of rule as to disputed title

PART 3--General procedure

  • 20 Form of warrant
  • 22 Rules in respect of summonses
  • 22A Description of offence
  • 27 Service
  • 27B Hearing on a written plea of guilty
  • 27C Hearing if defendant fails to appear
  • 28 Proof by affidavit of service etc
  • 29 Assistance of counsel

PART 4--Summary jurisdiction

Division 2--Information and subsequent proceedings

  • 49 Information
  • 51 Joinder and separation of charges
  • 52 Limitation on time in which proceedings may be commenced
  • 54 Allegations and descriptions in informations and proceedings
  • 56 Exceptions or exemptions need not be specified or disproved by informant
  • 57 Issue of summons by Magistrates Court
  • 57A Rules may make provision for written guilty pleas
  • 58 Issue of warrant
  • 59 Defendant to be brought before Magistrates Court
  • 60 Forms of custody etc

Division 3--Hearing of summary offence

  • 61 Sittings to be in open court but witnesses and other persons may be ordered to leave the Court
  • 62 Proceedings on non-appearance of defendant
  • 62A Power to proceed in absence of defendant
  • 62B Powers of Magistrates Court on written plea of guilty
  • 62BA Proceedings where defendant neither appears nor returns written plea of guilty
  • 62C Proceedings in absence of defendant
  • 62D Proof of previous convictions
  • 63 Non-appearance of informant
  • 64 If both parties appear, Magistrates Court to hear and determine the case
  • 67 When defendant pleads guilty, court to convict or make an order
  • 68 Procedure on plea of not guilty
  • 69 After hearing parties, Magistrates Court to convict or dismiss
  • 69A Examination of defendant

Division 4--Judgment

  • 70 Conviction to be minuted
  • 70A Convictions where charges joined in information
  • 70B Conviction for attempt where full offence charged
  • 71 Order and certificate of dismissal
  • 76A Power to set aside conviction or order
  • 76B Correction of conviction or order

Division 5--Non-association and place restriction orders

  • 77 Interpretation
  • 78 Non-association and place-restriction orders
  • 79 Non-association and place restriction orders not to restrict certain associations or activities
  • 80 Issue of non-association or place restriction order in absence of defendant
  • 81 Service
  • 82 Variation or revocation of non-association or place restriction order
  • 83 Contravention of non-association and place restriction orders

Division 7--Restraining orders

Division 8--Bushfire offender monitoring orders

  • 99L Court may make monitoring order

PART 5--Indictable offences

Division 1--Informations

  • 100 Informations charging indictable offences
  • 101 Laying of information
  • 102 Joinder and separation of charges
  • 103 DPP may lay information in superior court

Division 2--Pre-committal hearings etc

  • 104 Securing attendance in Magistrates Court
  • 105 Pre-committal hearings and documents
  • 106 Indictable matters commenced by SA Police
  • 107 Pre-committal subpoenas

Division 3--Committal proceedings

  • 108 Division not to apply to certain matters
  • 109 Committal proceedings generally
  • 110 Committal appearance
  • 111 Committal brief etc
  • 112 Notices relating to committal proceedings
  • 113 Conduct of answer charge hearing
  • 114 Taking evidence at committal proceedings
  • 115 Evaluation of evidence at committal proceedings

Division 3A--Pleas to alternative offences and attempts in the Magistrates Court

  • 115A Pleas to alternative offences and attempts in the Magistrates Court

Division 4--Forum for trial or sentence

  • 116 Forum for sentence
  • 117 Forum for trial
  • 118 Change of forum
  • 119 Change of plea following committal for sentence

Division 5--Procedure following committal for trial or sentence

  • 120 Fixing of arraignment date and remand of defendant
  • 121 Material to be forwarded by Registrar
  • 122 Prosecution may decline to prosecute
  • 123 Case statements
  • 124 Expert evidence and evidence of alibi
  • 125 Failure to comply with disclosure requirements
  • 126 Subpoenas
  • 127 Prescribed proceedings

Division 6--Pleas and proceedings on trial in superior court

  • 128 Objections to informations in superior court, amendments and postponement of trial
  • 129 Plea of not guilty and refusal to plead
  • 130 Form of plea of autrefois convict or autrefois acquit
  • 131 Certain questions of law may be determined before jury empanelled
  • 132 Determinations of court binding on trial judge
  • 133 Conviction on plea of guilty of offence other than that charged
  • 134 Power to require notice of intention to adduce certain kinds of evidence
  • 135 Inspection and copies of statements
  • 136 Defence to be invited to outline issues in dispute at conclusion of opening address for the prosecution
  • 137 Right to call or give evidence
  • 138 Right of reply
  • 139 Postponement of trial
  • 140 Verdict for attempt where full offence charged

PART 6--Limitations on rules relating to double jeopardy

Division 1--Preliminary

  • 141 Interpretation
  • 142 Meaning of fresh and compelling evidence
  • 143 Meaning of tainted acquittal
  • 144 Application of Part

Division 2--Circumstances in which police may investigate conduct relating to offence of which person previously acquitted

  • 145 Circumstances in which police may investigate conduct relating to offence of which person previously acquitted

Division 3--Circumstances in which trial or retrial of offence will not offend against rules of double jeopardy

  • 146 Retrial of relevant offence of which person previously acquitted where acquittal tainted
  • 147 Retrial of Category A offence of which person previously acquitted where there is fresh and compelling evidence
  • 148 Circumstances in which person may be charged with administration of justice offence relating to previous acquittal

Division 4--Prohibition on making certain references in retrial

  • 149 Prohibition on making certain references in retrial

PART 6A--Appeals

Division 1--Appeal against sentence

  • 150 Appeal against sentence

Division 2--Other appeals

  • 151 Interpretation
  • 152 Court to decide according to opinion of majority
  • 153 Reservation of relevant questions
  • 154 Case to be stated by trial judge
  • 155 Powers of Court of Appeal on reservation of question
  • 156 Costs
  • 157 Right of appeal in criminal cases
  • 158 Determination of appeals in ordinary cases
  • 159 Second or subsequent appeals
  • 160 Powers of Court in special cases
  • 161 Right of appeal against ancillary orders
  • 162 Revesting and restitution of property on conviction
  • 163 Jurisdiction of Court of Appeal
  • 164 Enforcement of orders
  • 165 Appeal to Court of Appeal
  • 166 Supplemental powers of Court
  • 167 Presence of appellant or respondent on hearing of appeal
  • 168 Director of Public Prosecutions to be represented
  • 169 Costs of appeal
  • 170 Admission of appellant to bail and custody when attending Court
  • 171 Duties of registrar with respect to notices of appeal etc
  • 172 Notes of evidence on trial

Division 3--References on petitions for mercy

  • 173 References by Attorney-General

PART 7--Supplementary provisions

  • 175 Proceedings other than State criminal proceedings
  • 176 Overlapping offences
  • 177 Proceedings against corporations
  • 178 Defects cured by verdict
  • 179 Forfeiture abolished
  • 180 Orders as to firearms and offensive weapons
  • 181 Charges
  • 182 Orders, warrants etc
  • 183 Remand to training centre
  • 184 Application may be made to Court for transfer to training centre
  • 187AA Cancellation of unexecuted warrants
  • 187A Proof of convictions or orders
  • 188 Registration of orders for the purpose of enforcement
  • 189 Costs generally
  • 189A Costs payable by defendant in certain criminal proceedings
  • 189B Costs in pre-committal and committal proceedings
  • 189C Costs against informant in proceedings for restraining order
  • 189D Costs--delay or obstruction of proceedings
  • 190 Witness fees
  • 191 Fees
  • 191A Review
  • 192 Regulations
    • Legislative history The Parliament of South Australia enacts as follows:

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