CRIMINAL PROCEDURE ACT 2004 - SECT 83
CRIMINAL PROCEDURE ACT 2004 - SECT 83
83 . How prosecution is commenced
(1) A prosecution in a
superior court against a person for an indictable offence may only be
commenced by an authorised officer acting in the course of his or her duties.
(2) To commence a
prosecution in a superior court against a person for an indictable offence, an
indictment that alleges the offence must be lodged with the court.
(3) A prosecution in a
superior court of a person for an indictable offence may be commenced at any
time, unless another written law provides otherwise.
(4) If in respect of
an indictable charge ( charge A ) an accused is committed by a court of
summary jurisdiction —
(a) for
sentence, not having been convicted of charge A by that court; or
(b) for
trial,
then, either —
(c) an
indictment containing charge A must be lodged; or
(d)
proceedings against the accused on charge A must be discontinued; even if,
instead of being charged with charge A, the accused is charged on indictment
with some other offence that is alleged to arise from the acts or omissions
that gave rise to charge A.
(5) If an accused is
committed for sentence for an offence by a court of summary jurisdiction
having been convicted of it by that court —
(a) an
indictment containing the charge must not be lodged, despite subsection (2);
and
(b) the
prosecution notice sent to the superior court under section 46 on which is
recorded the matters required by section 47(1) is to be taken to be an
indictment.
(6) A prosecution for
an indictable offence may be commenced in a superior court against a person
even if the person has not been —
(a)
charged with the offence in a court of summary jurisdiction; or
(b)
committed to a superior court on a charge of the offence.