CRIMINAL PROCEDURE ACT 2009 (NO. 7 OF 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  
• 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  

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  

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  

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

• 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  
• 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  

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  
• 327 Reference by Attorney-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  

Division 3--of Part IIA of the Evidence Act 1958 permits the appearance of an accused before the court by audio visual link in certain circumstances.

• 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  

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  
• 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
• SCHEDULE 2
• SCHEDULE 3
ENDNOTES