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CRIMINAL PROCEDURE ACT 2009


TABLE OF PROVISIONS

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

   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  
   7A.     Time limits on prosecuting certain former sexual offences removed  
   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

   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  
   17A.    Service of summons for traffic camera offence  
   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  
   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  

   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

   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  
   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  
   43A.    Inspection of exhibits that include child abuse material where accused is legally represented  
   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  
   50.     Expert evidence  
   51.     Alibi evidence  
   52.     Offence to communicate with alibi witness  
   53.     Mention hearing  
   53A.    Documents to be provided by police at first mention hearing  
   54.     Summary case conference  
   55.     Contest mention hearing  

   PART 3.3--SUMMARY HEARING

   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  
   59.     Adjournment to undertake diversion program  
   60.     Court may give sentence indication  
   61.     Effect of sentence indication  
   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  
   64A.    Pleading to course of conduct charge  
   65.     Parties may give opening addresses  
   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.  
   73.     Prosecutor's closing address  
   74.     Closing address of the accused  
   75.     Supplementary address by prosecutor  
   76.     Option of finding of attempt  
   77.     Criminal record  
   78.     Proof of previous convictions and infringement convictions by criminal record  
   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  

   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  
   132A.   Leave to cross-examine witness on different issue  
   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  

   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 or Children's 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

   179.    Directions hearing  
   180.    Accused may be arraigned at a directions hearing  
   181.    Powers of court at directions hearing  
   181A.   Course of conduct charge  
   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  
   185A.   Disclosure of evidence that is child abuse material  
   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  
   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  
   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

   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  
   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  
   222.    Judge may address jury  
   223.    Jury documents  
   224.    Opening address by prosecutor  
   225.    Response of accused to prosecution opening  
   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  
   232.    Manner of giving evidence  
   232A.   Trial judge may give directions about the giving of concurrent or consecutive evidence by expert witnesses  
   233.    Introduction of evidence not previously disclosed  
   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  
   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

   242.    Summary offence related to indictable offence  
   243.    Unrelated summary offence  
   244.    Criminal record  
   245.    Proof of previous convictions and infringement convictions by criminal record  
   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  
   253A.   Abolition of allocutus  
   253B.   When finding of guilt occurs  

   PART 6.1--APPEAL FROM MAGISTRATES' COURT TO COUNTY COURT

   254.    Right of appeal  
   255.    How appeal is commenced  
   256.    Determination of appeal  
   257.    DPP's right of appeal against sentence  
   258.    How appeal is commenced  
   259.    Determination of DPP's appeal  
   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  
   263.    Late notice of appeal deemed to be application for leave to appeal  
   264.    Stay of sentence  
   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' COURTTO 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

   274.    Right of appeal against conviction  
   275.    How appeal is commenced  
   276.    Determination of appeal against conviction  
   277.    Orders etc. on successful appeal  
   278.    Right of appeal against sentence imposed by originating court  
   279.    How appeal is commenced  
   280.    Determination of application for leave to appeal under section 278  
   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  
   284A.   Determination of application for leave to appeal under section 283  
   285.    Determination of appeal  
   286.    Orders etc. on successful appeal  
   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  
   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  
   302.    Reservation of question of law  
   302A.   Reservation of question of law on appeal to County Court  
   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  
   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  
   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 Court of Appeal constituted 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  
   327.    Reference by Attorney-General  
   327A.   Application of Chapter  
   327B.   Definitions  
   327C.   Meaning of fresh and compelling evidence  
   327D.   Meaning of tainted acquittal  
   327E.   Circumstances in which police may reinvestigate offence after acquittal  
   327F.   DPP may file indictment  
   327G.   Bail following filing of direct indictment  
   327H.   DPP may apply to Court of Appeal  
   327I.   Extension of time for filing or serving notice of application  
   327J.   DPP may apply only once in relation to particular acquittal  
   327K.   DPP must discontinue prosecution if fails to make application  
   327L.   Determination of application where acquittal tainted  
   327M.   Determination of application where fresh and compelling evidence  
   327N.   Determination of application where administration of justice offence  
   327O.   Orders on determination of application  
   327P.   DPP must elect which offence to prosecute  
   327Q.   Amendment of indictment  
   327R.   Prohibition on making certain references in new trial  
   327S.   Appeal and review rights unaffected  

   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  
   336A.   Victim who is a witness entitled to be present in court  
   337.    Court may act on application or on own motion  

   PART 8.2--WITNESSES

   338.    Guiding principles  
   339.    Application of Division  
   340.    Definition  
   341.    Prohibition on questions and evidence concerning complainant's chastity  
   342.    Restriction on questions and evidence concerning complainant's sexual activities  
   343.    Admissibility of sexual history evidence  
   344.    Application for leave  
   345.    Application for leave out of time  
   346.    Contents of application for leave  
   347.    Waiver of requirement to apply for leave in writing  
   348.    Hearing of application for leave  
   349.    Determination of application for leave during summary hearing, committal proceeding or trial  
   350.    Determination of application for leave during sentencing hearing  
   351.    Court must state reasons if leave granted  
   352.    Limitation on sexual history evidence  
   353.    Application of Division  
   354.    Definitions  
   355.    Court may declare witness to be protected witness  
   356.    Protected witness not to be cross-examined by accused in person  
   357.    When accused is not legally represented  
   358.    Jury warning concerning legal representation for cross-examination  
   359.    Application of Division  
   360.    Alternative arrangements for giving evidence  
   361.    Jury warning concerning alternative arrangements  
   362.    Evidence given by closed-circuit television or other facilities  
   363.    When court must direct use of closed-circuit television or other facilities for complainant  
   364.    When court must direct use of screens for complainant  
   365.    When court must direct presence of support person for complainant  
   366.    Application of this Division  
   367.    Use of recorded evidence-in-chief  
   368.    Admissibility of recorded evidence-in-chief  
   368A.   Court may order production of recording made under this Division in certain circumstances  
   369.    Application of Division  
   370.    Special hearing for recording evidence  
   371.    Time limits for special hearing  
   371A.   Timing arrangements for special hearing during trial  
   372.    Conduct of special hearing  
   373.    Form in which recording of special hearing is to be tendered  
   374.    Admissibility of evidence from special hearing  
   375.    Jury warning as to recording of special hearing  
   375A.   Jury warning as to special hearing held during trial  
   376.    Cross-examination of complainant  
   377.    Exception to hearsay rule—previous representations made by complainant under 18 years  
   378.    Application of Division  
   379.    Admissibility of recording of complainant's evidence  
   380.    Prosecution to give notice of intention to tender recording  
   381.    Admission of recording of evidence of complainant  
   382.    Jury warning as to recorded evidence of complainant  
   383.    Attendance of complainant  
   384.    Direct testimony in addition to recording  
   385.    Cross-examination of complainant  
   386.    Form in which recording of complainant's evidence is to be tendered  
   387.    Exception to hearsay rule  
   387A.   Application of Division  
   387B.   Admissibility of recording of complainant's evidence  
   388.    Evidence of specialised knowledge in certain cases  
   389.    Audiovisual link evidence from overseas in certain proceedings  

   PART 8.3--SERVICE OF DOCUMENTS

   390.    General rules as to service  
   391.    Personal service  
   392.    Service on informant or DPP  
   393.    Service on company, registered body, incorporated association or other body corporate  
   394.    Ordinary service  
   395.    Personal service satisfies ordinary service  
   396.    Last known place of residence or business  
   397.    Order for substituted service  
   398.    Who may effect service  
   399.    Proof of service  

   PART 8.4--COSTS

   400.    Right to be heard  
   401.    Costs in Magistrates' Court  
   402.    Notice to appear  
   403.    Convicted accused to pay filing fee  
   404.    Costs in the Supreme Court and County Court  
   405.    Costs order  
   406.    Costs on appeal to County Court or the Trial Division of the Supreme Court under section 254  
   407.    Costs on abandonment of appeal to County Court or the Trial Division of the Supreme Court  
   408.    Costs on appeal from Magistrates' Court to Supreme Court on a question of law  
   409.    No costs on appeal to Court of Appeal or on new trial  
   410.    Costs liability of legal practitioner  

   PART 8.5--MISCELLANEOUS

   411.    Issue of warrant to arrest  
   412.    Power to amend when there is a defect or error  
   413.    Transfer of charge to court with jurisdiction  
   414.    Acknowledgment of false statement  
   415.    Court may direct that a person be prosecuted for perjury  
   416.    Disclosure of material by prosecution  
   417.    Court fees not payable by accused  
   418.    Supreme Court—limitation of jurisdiction  
   419.    Rules of court  
   420.    Regulations  
   439.    Savings and transitional provisions  
   440.    Transitional provisions—Justice Legislation Amendment Act 2010  
   441.    Transitional provisions—Criminal Procedure Amendment (Double Jeopardy and Other Matters) Act 2011  
   442.    Transitional provisions—Criminal Procedure Amendment Act 2012  
   443.    Transitional provision—Jury Directions Act 2013  
   444.    Transitional provision—Criminal Organisations Control and Other Acts Amendment Act 2014  
   445.    Transitional provisions—Crimes Amendment (Sexual Offences and Other Matters) Act 2014  
   446.    Transitional provision—Crimes Amendment (Child Pornography and Other Matters) Act 2015  
   447.    Transitional provision—Crimes Legislation Further Amendment Act 2017  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           ENDNOTES


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