CRIMINAL PROCEDURE ACT 2009

Victorian Consolidated Legislation

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CRIMINAL PROCEDURE ACT 2009

No. 7 of 2009
Version as at 11 March 2009

TABLE OF PROVISIONS

Section Page

CHAPTER 1-PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
4. References to Parts

CHAPTER 2-COMMENCING A CRIMINAL PROCEEDING

PART 2.1-WAYS IN WHICH A CRIMINAL PROCEEDING IS COMMENCED

5. How a criminal proceeding is commenced

PART 2.2-CHARGE-SHEET AND LISTING OF MATTER

6. Commencement of a criminal proceeding in the Magistrates' Court
7. Time limits for filing a charge-sheet
8. Order for amendment of charge-sheet
9. Errors etc. in charge-sheet
10. Listing of matter for mention hearing or filing hearing in the Magistrates' Court
11. Place of hearing

PART 2.3-NOTIFYING ACCUSED OF COURT APPEARANCE

Division 1-Summons or warrant to arrest

12. Court may issue summons or warrant to arrest
13. Summons or warrant to be accompanied by charge-sheet and notice when served
14. Police or public official may issue summons
15. Contents of summons
16. Personal service of summons
17. Summons for summary offence may be served by ordinary service
18. Informant must nominate address etc. for service of documents
19. Extension of return date if summons not served
20. Adjournment of proceeding on application of accused

Division 2-Notice to appear

21. Police or public official may serve notice to appear
22. Notice to appear lapses unless charge-sheet filed within 14 days
23. Notice to be given on lapsing
24. Preliminary brief to be served if charge-sheet filed
25. Non-appearance of accused served with notice to appear
26. Notice to appear does not commence proceeding

CHAPTER 3-SUMMARY PROCEDURE

PART 3.1-WHEN A SUMMARY HEARING MAY BE HELD

27. Summary offences
28. Indictable offences that may be heard and determined summarily
29. When an indictable offence may be heard and determined summarily
30. Procedure for indictable offences that may be heard and determined summarily

PART 3.2-PROCEDURE BEFORE SUMMARY HEARING

Division 1-General

31. Court may change place of hearing
32. Accused entitled to copy of charge-sheet and particulars
33. Unrepresented accused who requires legal advice
34. Return of property

Division 2-Pre-hearing disclosure of prosecution case

35. When preliminary brief is to be served
36. How preliminary brief must be served
37. Contents of preliminary brief
38. Requirements for informant's statement in preliminary brief
39. When full brief must be served
40. How full brief must be served
41. Contents of full brief
42. Continuing obligation of disclosure
43. Accused may make request for material etc. not provided
44. Informant must comply with request or state grounds of refusal
45. Grounds on which informant may refuse disclosure
46. Accused may apply for order requiring disclosure
47. Rules with respect to statements
48. Disclosure of address or telephone number of witness
49. Informant may place material on database

Division 3-Preliminary disclosure of case of accused

50. Expert evidence
51. Alibi evidence
52. Offence to communicate with alibi witness

Division 4-Mention hearing and contest mention hearing

53. Mention hearing
54. Summary case conference
55. Contest mention hearing

PART 3.3-SUMMARY HEARING

Division 1-Joint or separate hearing of charges

56. Multiple charges on single charge-sheet or multiple accused named on single charge-sheet
57. Joint hearing of charges on separate charge-sheets
58. Order for separate hearing

Division 2-Diversion program

59. Adjournment to undertake diversion program

Division 3-Sentence indication

60. Court may give sentence indication
61. Effect of sentence indication

Division 4-Entering a plea

62. Charge to be read or explained to accused before plea
63. Legal practitioner may enter plea on behalf of accused
64. Refusal to plead

Division 5-Opening addresses

65. Parties may give opening addresses

Division 6-Case for the accused

66. Accused entitled to respond after close of prosecution case
67. Election when accused is legally represented
68. Election when accused is not legally represented
69. Procedure for joint hearings if no case submission made
70. Questioning to determine proper course of proceeding
71. Opening address of accused at beginning of case for the accused
72. Evidential burden on accused for exceptions etc.

Division 7-Closing addresses

73. Prosecutor's closing address
74. Closing address of the accused
75. Supplementary address by prosecutor

Division 8-Determination of charge

76. Option of finding of attempt

Division 9-Criminal record

77. Criminal record
78. Proof of previous convictions by criminal record

Division 10-Non-appearance of party

79. Non-appearance of informant
80. Non-appearance of accused charged with summary offence
81. Non-appearance of accused charged with indictable offence
82. Non-appearance of corporate accused charged with indictable offence
83. Admissibility of evidence in absence of accused where full
brief served
84. Admissibility of evidence in absence of accused where preliminary brief served
85. Non-appearance of accused-Infringements Act 2006.
86. Proof of criminal record in absence of accused
87. Limitations on sentencing in absence of accused

PART 3.4-REHEARING

88. Right to apply for rehearing
89. Notice of intention to apply for rehearing
90. Service of notice
91. Stay of sentence etc.
92. Court may order rehearing
93. Failure to appear on application
94. Automatic rehearing in certain cases

CHAPTER 4-COMMITTAL PROCEEDING

PART 4.1-PRELIMINARY

95. Definition
96. When a committal proceeding must be held
97. Purposes of a committal proceeding
98. When a committal proceeding commences
99. Time limit for determining certain committal proceedings for
a sexual offence
100. Hearings in a committal proceeding and attendance of accused

PART 4.2-FILING HEARING

101. Filing hearing
102. Time limit for filing hearing

PART 4.3-COMPULSORY EXAMINATION

103. Application for order
104. Order for compulsory examination hearing
105. Notice of compulsory examination order to be served
106. Compulsory examination hearing

PART 4.4-PRE-HEARING DISCLOSURE OF PROSECUTION CASE

107. Informant must serve hand-up brief
108. How hand-up brief must be served
109. Copy hand-up brief to be filed and forwarded to DPP
110. Contents of hand-up brief
111. Continuing obligation of disclosure
112. Rules with respect to statements
113. Rules with respect to recordings
114. Disclosure of address or telephone number of witness
115. Inspection of exhibits
116. Informant may serve and file plea brief
117. Contents of plea brief

PART 4.5-CASE DIRECTION

118. Case direction notice
119. Contents of case direction notice
120. Late application for leave to cross-examine witness
121. Adjournment without appearance of parties
122. Compliance with request to copy or inspect items or disclose previous convictions of witness
123. No cross-examination of certain witnesses in sexual offence cases
124. Leave required to cross-examine other witnesses

PART 4.6-COMMITTAL MENTION AND CASE
CONFERENCE

125. Committal mention hearing
126. Time for holding committal mention hearing
127. Committal case conference

PART 4.7-COMMITTAL HEARING

128. Committal hearing
129. Attendance of witnesses
130. Giving of evidence by witnesses
131. Disclosure of address or telephone number of witness
132. Cross-examination of witnesses
133. Special rules applicable to sexual offences
134. Failure of witness to attend committal hearing
135. Court may permit accused to be absent from committal hearing
136. Accused who absconds etc. during a committal hearing
137. Accused (natural person) absent at close of prosecution case
138. Procedure on accused's attendance after absence

PART 4.8-EVIDENCE IN COMMITTAL PROCEEDING

139. Admissibility of non-oral evidence
140. Procedure if accused makes admission of relevant fact or matter

PART 4.9-DETERMINATION OF COMMITTAL
PROCEEDING

141. Determination of committal proceeding where hand-up brief
used
142. Determination of committal proceeding where plea brief used
143. Determination of committal proceeding where accused elects
to stand trial
144. Procedure before and on committing accused for trial

PART 4.10-PROCEDURE AFTER COMMITTAL

145. Transfer of summary offences that are related offences on or
after committal
146. Documents to be forwarded to DPP
147. Accused entitled to copies of depositions and exhibits
148. Absent corporate accused to be notified of committal

PART 4.11-TAKING EVIDENCE AFTER ACCUSED COMMITTED FOR TRIAL

149. Application for order that evidence be taken after committal
150. Determination of application
151. Attendance of witness
152. Taking of evidence after committal

PART 4.12-GENERAL

153. Special mention hearing
154. Non-appearance of corporate accused
155. Nature of committal proceeding
156. Nothing in Chapter affects certain powers of DPP
157. DPP may give directions for release of property tendered in evidence

CHAPTER 5-TRIAL ON INDICTMENT

PART 5.1-INTRODUCTION

158. Application of Chapter

PART 5.2-INDICTMENT AND PLACE OF TRIAL

159. DPP or Crown Prosecutor may file an indictment
160. Choice of Supreme Court or County Court for filing an indictment
161. Direct indictment commences criminal proceeding
162. Filing of any other indictment does not commence criminal proceeding
163. Time limits for filing certain indictments
164. Filing of fresh indictment
165. Order for amendment of indictment
166. Errors etc. in indictment
167. Supreme Court may order that accused be tried in County
Court or Supreme Court
168. Court may transfer certain charges to Magistrates' Court
169. Place of hearing of criminal trial
170. Multiple charges or multiple accused on single indictment

PART 5.3-NOTIFYING ACCUSED OF INDICTMENT

171. Copy indictment to be served
172. DPP may nominate address etc. for service of documents
173. Extra notice for corporate accused
174. Compelling attendance when direct indictment filed
175. Service of summons
176. Warrant to be accompanied by indictment and notice

PART 5.4-DISCONTINUING A PROSECUTION

177. DPP may discontinue a prosecution without adjudication
178. Release from custody on discontinuance of prosecution

PART 5.5-PRE-TRIAL PROCEDURE

Division 1-Directions hearings

179. Directions hearing
180. Accused may be arraigned at a directions hearing
181. Powers of court at directions hearing

Division 2-Pre-trial disclosure

182. Summary of prosecution opening and notice of pre-trial admissions
183. Response of accused to summary of prosecution opening and notice of pre-trial admissions
184. Intention to depart at trial from document filed and served
185. Continuing obligation of disclosure
186. Disclosure of address or telephone number of witness
187. Previous convictions of witness
188. Prosecution notice of additional evidence
189. Expert evidence
190. Alibi evidence
191. Offence to communicate with alibi witness

Division 3-Orders

192. Power to change place of trial
193. Order for separate trial
194. Order for separate trial-sexual offences
195. Order for separate trial-conspiracy
196. Other powers of court not affected
197. Order for legal representation for accused
198. Order for taking evidence from a witness before trial

Division 4-Procedure for pre-trial orders and other decisions

199. Court may make orders and other decisions before trial
200. Disclosure of pre-trial issues
201. Court may decide pre-trial issue without a hearing
202. Hearing of application for exclusion of evidence
203. Judge at pre-trial hearing need not be trial judge
204. Pre-trial orders and other decisions generally binding on trial judge
205. Pre-trial orders and other decisions may be applied in new
trial
206. Procedure if prosecution proposes not to lead evidence

PART 5.6-SENTENCE INDICATION

207. Court may give sentence indication
208. Application for sentence indication
209. Effect of sentence indication

PART 5.7-TRIAL

Division 1-Preliminary

210. When trial commences
211. Time limit for commencing trial for offences other than
sexual offences
212. Time limits for commencing trials for sexual offences
213. Powers of trial judge not affected
214. Non-appearance of corporate accused at trial

Division 2-Arraignment

215. Arraignment
216. Written pleas of guilty may be accepted
217. Arraignment in presence of jury panel
218. Special pleas in addition to plea of not guilty
219. Plea of guilty to alternative offence
220. Form of plea of previous conviction or previous acquittal
221. Refusal to plead

Division 3-Assisting the jury

222. Judge may address jury
223. Jury documents

Division 4-Opening addresses

224. Opening address by prosecutor
225. Response of accused to prosecution opening

Division 5-Case for the accused

226. Accused entitled to respond after close of prosecution case
227. Election when accused is legally represented
228. Election when accused is not legally represented
229. Procedure for joint trials if no-case submission made
230. Questioning to determine proper course of proceeding
231. Opening address of accused

Division 6-Giving of evidence

232. Manner of giving evidence
233. Introduction of evidence not previously disclosed

Division 7-Closing addresses and judge's directions to the jury

234. Prosecution closing address
235. Closing address of the accused
236. Supplementary prosecution address
237. Comment on departure or failure
238. Judge's directions to the jury

Division 8-Alternative verdicts and discharge of jury from delivering verdict

239. Alternative verdicts on charges other than treason or murder
240. Judge may order that guilt in respect of alternative offences is
not to be determined
241. When judge may enter finding of guilty or not guilty

PART 5.8-GENERAL

Division 1-Hearing of charges for related and unrelated
summary offences

242. Summary offence related to indictable offence
243. Unrelated summary offence

Division 2-Criminal record

244. Criminal record
245. Proof of previous convictions by criminal record

Division 3-Powers and obligations

246. Attendance of accused at hearings
247. Power to extend or abridge time
248. Parties must inform Juries Commissioner of certain events
249. Counsel required to retain brief for trial
250. Complaints about legal practitioners
251. Judge at earlier trial not prevented from presiding at later trial
252. Offence for corporate accused to fail to appear
253. Abolition of grand jury procedure

CHAPTER 6-APPEALS AND CASES STATED

PART 6.1-APPEAL FROM MAGISTRATES' COURT TO COUNTY COURT

Division 1-Appeal by offender

254. Right of appeal
255. How appeal is commenced
256. Determination of appeal

Division 2-Appeal by DPP against sentence

257. DPP's right of appeal against sentence
258. How appeal is commenced
259. Determination of DPP's appeal

Division 3-Appeal by DPP-Failure to fulfil undertaking

260. DPP's right of appeal-failure to fulfil undertaking
261. How appeal is commenced
262. Determination of DPP's appeal-failure to fulfil undertaking

Division 4-Procedure

263. Late notice of appeal deemed to be application for leave to
appeal
264. Stay of order
265. Bail pending appeal
266. Abandonment of appeal
267. Appellant's failure to appear
268. Respondent's failure to appear on appeal by DPP
269. One notice of appeal for 2 or more sentences
270. Appeal against aggregate sentence
271. Appeal to County Court authorised by other Acts

PART 6.2-APPEAL FROM MAGISTRATES' COURT TO SUPREME COURT ON A QUESTION OF LAW

272. Appeal to Supreme Court on a question of law
273. Appeal on question of law precludes appeal to County Court

PART 6.3-APPEAL AND CASE STATED FROM COUNTY COURT OR TRIAL DIVISION OF SUPREME COURT TO COURT OF APPEAL

Division 1-Appeal against conviction

274. Right of appeal against conviction
275. How appeal is commenced
276. Determination of appeal against conviction
277. Orders etc. on successful appeal

Division 2-Appeal by offender against sentence

278. Right of appeal against sentence imposed by originating court
279. How appeal is commenced
280. Determination of application for leave to appeal
281. Determination of appeal
282. Orders etc. on successful appeal
283. Right of appeal against sentence of imprisonment imposed by County Court on appeal from Magistrates' Court
284. How appeal is commenced
285. Determination of appeal
286. Orders etc. on successful appeal

Division 3-Crown appeal against sentence

287. Right of appeal-inadequate sentence
288. How appeal is commenced
289. Determination of Crown appeal
290. Orders etc. on successful appeal
291. Right of appeal-failure to fulfil undertaking
292. How appeal is commenced
293. Determination of Crown appeal-failure to fulfil undertaking
294. Powers of Court of Appeal on successful appeal

Division 4-Interlocutory appeal

295. Right of appeal against interlocutory decision
296. Review of refusal to certify
297. When leave to appeal may be given
298. How interlocutory appeal is commenced
299. Adjournment of trial if leave to appeal given
300. Determination of appeal
301. Determination of interlocutory appeal to be entered on record

Division 5-Case stated for Court of Appeal

302. Reservation of question of law
303. Adjournment if question of law reserved
304. Refusal to reserve question of law
305. Case to be stated if question of law reserved
306. General powers of Court of Appeal on case stated
307. Judgment to be entered on record
308. DPP may refer point of law to Court of Appeal

Division 6-Status of sentences and orders during appeal period

309. Sentence not stayed during appeal period
310. Bail pending appeal
311. Stay of certain orders during appeal period
312. Execution of order for forfeiture or destruction of property

Division 7-Powers and procedure

313. Extension of time for filing or serving notice of appeal or
notice of application for leave to appeal
314. Abandonment of appeal
315. Powers which may be exercised by a single Judge of Appeal
316. Trial judge may be required to provide report on appeal
317. Production of documents, exhibits or other things
318. Order for examination of compellable witness
319. Evidence of competent but not compellable witness
320. Reference of question to special commissioner
321. New evidence-effect on sentence
322. Sentence in absence of offender
323. Bail following appeal
324. Warrants
325. Ancillary orders of originating court
326. Expenses of assessors and special commissioners

CHAPTER 7-REFERENCE TO COURT OF APPEAL ON PETITION FOR MERCY

327. Reference by Attorney-General

CHAPTER 8-GENERAL

PART 8.1-CONDUCT OF PROCEEDING

328. Appearance
329. When accused etc. is required to appear at hearing
330. When accused etc. is required to attend hearing
331. Power to adjourn proceeding
332. Transfer of accused between place of detention and court
333. Power to return accused to youth justice centre
334. Proceedings against bodies corporate
335. Interpreter
336. Subpoenas and witness summonses
337. Court may act on application or on own motion

PART 8.2-SERVICE OF DOCUMENTS

338. General rules as to service
339. Personal service
340. Service on informant or DPP
341. Service on company, registered body, incorporated association or other body corporate
342. Ordinary service
343. Personal service satisfies ordinary service
344. Last known place of residence or business
345. Order for substituted service
346. Who may effect service
347. Proof of service

PART 8.3-COSTS

Division 1-Preliminary

348. Right to be heard

Division 2-Costs in summary proceedings and committal proceedings

349. Costs in Magistrates' Court
350. Notice to appear
351. Convicted accused to pay filing fee

Division 3-Costs in trials on indictment

352. Costs in the Supreme Court and County Court
353. Costs order

Division 4-Costs on appeal

354. Costs on appeal to County Court
355. Costs on abandonment of appeal to County Court
356. Costs on appeal from Magistrates' Court to Supreme Court
on a question of law
357. No costs on appeal to Court of Appeal or on new trial

Division 5-Legal practitioners

358. Costs liability of legal practitioner

PART 8.4-MISCELLANEOUS

359. Issue of warrant to arrest
360. Power to amend when there is a defect or error
361. Transfer of charge to court with jurisdiction
362. Court may direct that a person be prosecuted for perjury
363. Disclosure of material by prosecution
364. Court fees not payable by accused
365. Supreme Court-limitation of jurisdiction
366. Rules of court
367. Regulations

CHAPTER 9-REPEALS AND CONSEQUENTIAL AND OTHER AMENDMENTS

PART 9.1-CRIMES (CRIMINAL TRIALS) ACT 1999.

368. Repeal

PART 9.2-CRIMES ACT 1958.

369. Amendment of the Crimes Act 1958.

PART 9.3-CRIMES (MENTAL IMPAIRMENT AND
UNFITNESS TO BE TRIED) ACT 1997.

370. New section 14A inserted
371. New section 24AA inserted
372. Consequential amendments

PART 9.4-MAGISTRATES' COURT ACT 1989.

373. Joint committals
374. Consequential amendments

PART 9.5-CHILDREN, YOUTH AND FAMILIES ACT 2005.

375. Definitions inserted
376. New Part 5.1A inserted in Chapter 5.

PART 5.1A-COMMENCEMENT OF PROCEEDINGS

377. New section 516A inserted

PART 9.6-APPEAL COSTS ACT 1998.

378. New sections 15A, 15B and 15C inserted

PART 9.7-SENTENCING ACT 1991.

379. Repeal
380. New section 112A inserted
381. Maximum fine for body corporate

PART 9.8-MISCELLANEOUS AMENDMENTS

382. Reclassification of certain offences
383. Option of jury trial removed
384. Repeal of provisions concerning sentence indications in
Supreme Court and County Court
385. Repeal of Chapter
__________________
SCHEDULE 1-Charges on a Charge-Sheet or Indictment
1. Statement of offence
2. Statement of particulars
3. Statutory offence
4. Exceptions, exemptions etc.
5. Joinder of charges
6. Charge against multiple accused
7. Descriptions generally
8. Description of persons
9. Description of document
10. Description of property
11. Statement of intent to deceive, injure or defraud
12. Perjury, subornation of perjury, etc.
13. Names of witnesses to be included on indictment
SCHEDULE 2-Indictable Offences that may be Heard and Determined Summarily
1. Common law
2. Control of Weapons Act 1990.
3. Crimes Act 1958.
4. Dangerous Goods Act 1985.
5. Drugs, Poisons and Controlled Substances Act 1981.
6. Electricity Industry Act 2000.
7. Electricity Safety Act 1998.
8. Environment Protection Act 1970.
9. Equipment (Public Safety) Act 1994.
10. Firearms Act 1996.
11. Food Act 1984.
12. Gas Industry Act 2001.
13. Gas Safety Act 1997.
14. Health Records Act 2001.
15. Heritage Act 1995.
16. Infertility Treatment Act 1995.
17. Information Privacy Act 2000.
18. Juries Act 2000.
19. Major Events (Aerial Advertising) Act 2007.
20. Occupational Health and Safety Act 2004.
21. Police Regulation Act 1958.
22. Pollution of Waters by Oil and Noxious Substances Act 1986.
23. Prostitution Control Act 1994.
24. Road Management Act 2004.
25. Sex Offenders Registration Act 2004.
26. Sports Event Ticketing (Fair Access) Act 2002.
27. Tobacco Act 1987.
28. Water Act 1989.
29. Water Industry Act 1994.
SCHEDULE 3-Persons who may Witness Statements in Preliminary Brief, Full Brief or Hand-up Brief
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

CHAPTER 1-PRELIMINARY

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