CRIMINAL PROCEDURE ACT 2009 (NO. 7 OF 2009) - SECT 3 Definitions

CRIMINAL PROCEDURE ACT 2009 (NO. 7 OF 2009) - SECT 3

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 .