Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 3

Definitions

3. Definitions

In this Act- accused means a person who-

   (a)  is charged with an offence; or

   (b)  is directed under section 362 to be tried for perjury; appeal includes
        application for leave to appeal; appeal period means the period
        permitted by or under this Act or any other Act for commencing an
        appeal under Part 6.3 or, if a notice of appeal or notice of
        application for leave to appeal under Part 6.3 is filed within that
        period, the determination of the appeal; appear, in relation to a
        party, has the meaning given in section 328; appellant includes an
        applicant for leave to appeal; appropriate registrar means-

   (a)  the registrar at the venue of the Magistrates' Court referred to in
        section 11; or

   (b)  if an order is made under section 31, the registrar at the venue of
        the Magistrates' Court at which the hearing is to be held; arraignment
        has the meaning given in section 215(1); attend, in relation to a
        person, means be physically present in court or, if authorised to do
        so under Division 2 or 3 of Part IIA of the Evidence Act 1958, appear
        or be brought before the court by audio visual link; cognitive
        impairment includes impairment because of mental illness, intellectual
        disability, dementia or brain injury; commencement of trial, in
        relation to the Supreme Court or the County Court, has the meaning
        given in section 210; compulsory examination hearing means a hearing
        under section 106; contest mention hearing means a hearing under
        section 55; conviction, in Chapters 6 and 8, includes a finding of
        guilt by a court, whether or not a conviction is recorded; corporate
        accused means an accused that is a body corporate; criminal record, in
        relation to a person, means a document that-

   (a)  sets out all previous convictions of the person alleged by the
        prosecution; and

   (b)  complies with section 77 or 244, as the case requires; Crown
        Prosecutor means the Chief Crown Prosecutor, a Senior Crown Prosecutor
        or a Crown Prosecutor appointed under the
        Public Prosecutions Act 1994; depositions means the transcript of
        evidence given in a committal proceeding and any statements admitted
        in evidence in a committal proceeding in accordance with Chapter 4;
        direct indictment means an indictment filed against an accused who has
        not been committed for trial in respect of the offence charged in the
        indictment or a related offence; DPP means the Director of Public
        Prosecutions for Victoria; filing hearing means a hearing referred to
        in section 101; full brief means a full brief described in section 41;
        hand-up brief means a hand-up brief described in section 110; in
        detention means-

   (a)  in a prison in the legal custody of the Secretary to the Department of
        Justice; or

   (b)  in custody in a police gaol in the legal custody of the Chief
        Commissioner of Police; or

   (c)  detained in an approved mental health service within the meaning of
        the Mental Health Act 1986 in the legal custody of the authorised
        psychiatrist of the approved mental health service; or

   (d)  in custody in a remand centre, youth residential centre or youth
        justice centre within the meaning of the
        Children, Youth and Families Act 2005 in the legal custody of the
        Secretary to the Department of Human Services; or

   (e)  in custody in a residential institution or a residential treatment
        facility within the meaning of the Disability Act 2006 in the legal
        custody of the Secretary to the Department of Human Services;
        indictable offence that may be heard and determined summarily means an
        offence to which section 28(1) applies; informant means a person who
        commences a criminal proceeding in the Magistrates' Court;
        infringements registrar has the same meaning as in the
        Infringements Act 2006; interlocutory appeal means an appeal under
        Division 4 of Part 6.3; interlocutory decision means a decision made
        by a trial judge in a proceeding referred to in section 295(1),
        whether before or during the trial, including a decision to grant or
        refuse to grant a permanent stay of the proceeding; Juries
        Commissioner has the same meaning as in the Juries Act 2000; legal
        practitioner means-

   (a)  an Australian legal practitioner within the meaning of the
        Legal Profession Act 2004; or

   (b)  a person referred to in section 2.2.2(2)(g) of the
        Legal Profession Act 2004 who engages in legal practice in that
        capacity; mention hearing means a hearing referred to in section 53;
        ordinary service means service in accordance with section 342;
        original jurisdiction includes-

   (a)  a proceeding for an indictable offence; and

   (b)  a proceeding for a related summary offence heard under section 242;
        and

   (c)  a proceeding for an unrelated summary offence heard under section 243;
        and

   (d)  a proceeding for contempt of court; and

   (e)  a proceeding for variation or breach of a sentencing order under the
        Sentencing Act 1991;

originating court means the County Court in its original jurisdiction or the
Trial Division of the Supreme Court in its original jurisdiction; personal
service means service in accordance with section 339; plea brief means a plea
brief described in section 117; police gaol has the same meaning as in the
Corrections Act 1986; preliminary brief means a preliminary brief described in
section 37; previous conviction means a prior conviction or finding of guilt
by a court (whether in or out of Victoria) but does not include-

   (a)  a conviction or finding of guilt set aside by the Magistrates' Court
        under section 92; or

   (b)  a conviction or finding of guilt set aside by the County Court under
        section 256; or

   (c)  a conviction or finding of guilt set aside by the Court of Appeal
        under section 277; or

   (d)  a conviction or finding of guilt by a children's court (whether in or
        out of Victoria) made more than 10 years before the hearing at which
        it is sought to be proved; prison has the same meaning as in the
        Corrections Act 1986; prison officer has the same meaning as in the
        Corrections Act 1986; proceeding, in relation to the Magistrates'
        Court, includes a committal proceeding but does not include the
        exercise by a registrar of the Magistrates' Court of any jurisdiction,
        power or authority vested in the registrar as infringements registrar;
        public official means-

   (a)  a public official within the meaning of the
        Public Administration Act 2004; or

   (b)  a person employed by, or the holder of an office in, or on the
        governing body of a Council within the meaning of the
        Local Government Act 1989; or

   (c)  in the case of a charge for an offence referred to in section 24(1) of
        the Prevention of Cruelty to Animals Act 1986, a full-time officer of
        the Royal Society for the Prevention of Cruelty to Animals authorised
        under section 24(1)(b) of that Act; related offences means offences
        that are founded on the same facts or form, or are part of, a series
        of offences of the same or a similar character; related summary
        offence means a summary offence the proceedings for which are
        transferred from the Magistrates' Court under section 145; responsible
        person, in relation to a person in detention, means-

   (a)  in the case of a prison, the officer in charge of the prison;

   (b)  in the case of a police gaol, the Chief Commissioner of Police;

   (c)  in the case of an approved mental health service within the meaning of
        the Mental Health Act 1986, the authorised psychiatrist of the
        approved mental health service;

   (d)  in the case of a remand centre, youth residential centre or youth
        justice centre within the meaning of the
        Children, Youth and Families Act 2005, the Secretary to the Department
        of Human Services;

   (e)  in the case of a residential institution or a residential treatment
        facility within the meaning of the Disability Act 2006, the Secretary
        to the Department of Human Services; return date, in relation to a
        criminal proceeding in the Magistrates' Court, means the first date on
        which the proceeding is listed before the court; sentence includes-

   (a)  the recording of a conviction; and

   (b)  an order made under Part 3, 3A, 4 or 5 of the Sentencing Act 1991,
        other than an order incidental to or preparatory to the making of the
        order; and

   (c)  an order made under section 11 of the
        Sex Offenders Registration Act 2004; and

   (d)  an order made under section 84S or 84T of the Road Safety Act 1986;
        and

   (e)  an order made under section 365, 367, 373, 380 or 387 of the
        Children, Youth and Families Act 2005 made by the Supreme Court in its
        original jurisdiction or the County Court in its original
        jurisdiction; Note Section 586 of the
        Children, Youth and Families Act 2005 gives the Supreme Court and the
        County Court, when sentencing a child for an indictable offence, power
        to make any sentencing order which the Children's Court may make.
        sexual offence means-

   (a)  an offence under Subdivision (8A), (8B), (8C), (8D), (8E) or (8EAA) of
        Division 1 of Part I of the Crimes Act 1958 or under any corresponding
        previous enactment; or

   (b)  an attempt to commit an offence referred to in paragraph (a); or

   (c)  an assault with intent to commit an offence referred to in paragraph
        (a); summary case conference means a conference referred to in section
        54; summary hearing means a hearing conducted in accordance with
        Part 3.3; trial judge means the judge of the Trial Division of the
        Supreme Court or the judge of the County Court before whom an accused
        is tried; Victoria Legal Aid means Victoria Legal Aid established
        under section 3 of the Legal Aid Act 1978; youth justice centre means
        a youth justice centre established under section 478 of the
        Children, Youth and Families Act 2005.