South Australian Current Acts

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SUMMARY PROCEDURE ACT 1921


TABLE OF PROVISIONS

           Long Title

   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.     Form of summons
   22A.    Description of offence
   27.     Service
   27A.    Service of summons by post
   27B.    Hearing on a written plea of guilty
   27C.    Hearing where defendant fails to appear
   28.     Proof by affidavit of service etc
   29.     Assistance of counsel

   PART 4--Summary jurisdiction

           Division 2--Complaint and subsequent proceedings

   49.     Complaint
   51.     Joinder and separation of charges
   52.     Limitation on time in which proceedings may be commenced
   54.     Allegations and descriptions in complaints and proceedings
   56.     Exceptions or exemptions need not be specified or disproved by the complainant
   57.     Issue of summons
   57A.    Procedure enabling written plea of guilty
   58.     Issue of warrant
   59.     Defendant to be brought before Court
   60.     Forms of custody etc

           Division 3--The hearing

   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 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 complainant
   64.     If both parties appear, 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 the parties court to convict or dismiss
   69A.    Examination of defendant

           Division 4--Judgment

   70.     Conviction to be minuted
   70A.    Convictions where charges joined in the complaint
   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

   99AA.   Paedophile restraining orders
   99AAB.  Power to conduct routine inspection of computer etc
   99AAC.  Child protection restraining orders
   99C.    Issue of restraining order in absence of defendant
   99E.    Service
   99F.    Variation or revocation of restraining order
   99G.    Notification of making etc of restraining orders
   99H.    Registration of foreign restraining orders
   99I.    Offence to contravene or fail to comply with restraining order
   99J.    Complaints or applications by or on behalf of child
   99K.    Burden of proof
   99KA.   Special restrictions relating to child protection restraining order proceedings

   PART 5--Indictable offences

           Division 1--Charges of indictable offences

   101.    Information of indictable offence
   102.    Joinder and separation of charges
   103.    Procedure in Magistrates Court

           Division 2--Preliminary examination of charges

   104.    Preliminary examination of charges of indictable offences
   105.    Procedure at preliminary examination
   106.    Taking evidence at preliminary examination
   107.    Evaluation of evidence at preliminary examination

           Division 3--Forum for trial or sentence

   108.    Forum for sentence
   109.    Forum for trial
   110.    Change of forum
   111.    Change of plea following committal for sentence

           Division 4--Procedure following committal for trial or sentence

   112.    Remand of defendant
   113.    Material to be forwarded by Registrar

           Division 5--Cases where Court itself deals with indictable offences

   114.    Procedural provisions of Criminal Law Consolidation Act

   PART 7--Supplementary provisions

   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 preliminary examination
   189C.   Costs against complainant in proceedings for restraining order
   189D.   Costs--delay or obstruction of proceedings
   190.    Witness fees
   191.    Fees
   192.    Regulations
           Legislative history
           The Parliament of South Australia enacts as
           follows:


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