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CRIMINAL PROCEDURE ACT 1986 - As at 3 April 2024 - Act 209 of 1986

- As at 3 April 2024 - Act 209 of 1986

Table of Provisions

CHAPTER 1 - PRELIMINARY

CHAPTER 2 - GENERAL PROVISIONS

PART 1 - OFFENCES

PART 2 - INDICTMENTS AND OTHER MATTERS

  • 15 Application of Part
  • 16 Certain defects do not affect indictment
  • 17 When formal objections to be taken
  • 18 Judgment on demurrer to indictment
  • 19 Traversing indictment
  • 20 Amendment of indictment
  • 21 Orders for amendment of indictment, separate trial and postponement of trial
  • 22 Amended indictment
  • 23 Indictment may contain up to 3 similar counts
  • 24 Accessories may be charged together in one indictment
  • 25 Indictment charging previous offence also
  • 26 Description of written instruments
  • 27 Supreme Court rules may prescribe forms of indictments

PART 3 - CRIMINAL PROCEEDINGS GENERALLY

  • 28 Application of Part and definition
  • 29 When more than one offence may be heard at the same time
  • 29A Tendency or coincidence--offences to be heard together
  • 30 Change of venue
  • 31 Abolition of accused person's right to make unsworn statement or to give unsworn evidence
  • 32 Indemnities
  • 33 Undertakings
  • 34 Practice as to entering the dock
  • 35 Right to inspect depositions on trial
  • 36 Representation and appearance
  • 36A Representation and appearance in penalty notice matters
  • 36B Disclosures by law enforcement or investigating officers
  • 37 Conduct of case
  • 38 Hearing procedures to be as for Supreme Court
  • 39 Recording of evidence
  • 40 Adjournments generally
  • 41 How accused person to be dealt with during adjournment
  • 42 Witnesses in mitigation
  • 43 Restitution of property
  • 44 When case not to be proceeded with: accused person to be released from custody

CHAPTER 3 - INDICTABLE PROCEDURE

PART 1 - PRELIMINARY

PART 2 - COMMITTAL PROCEEDINGS

Division 1 - Commencement of proceedings

Division 2 - Committal proceedings generally

Division 3 - Disclosure of evidence

  • 61 Requirement to disclose evidence
  • 62 Matters to be disclosed in brief of evidence
  • 63 Additional material to be disclosed
  • 64 Exceptions to requirement to provide copies of material

Division 4 - Charge certificates

Division 5 - Case conferences

Division 6 - Examination of prosecution witnesses

  • 82 Magistrate may direct witness to attend
  • 83 Witnesses who cannot be directed to attend
  • 84 Victim witnesses, sexual offence witnesses and vulnerable witnesses generally not to be directed to attend
  • 85 Evidence of prosecution witness
  • 86 Exceptions to oral evidence
  • 87 Evidence to be taken in presence of accused person
  • 88 Evidentiary effect of statements
  • 89 Statements must comply with requirements
  • 90 Evidence not to be admitted
  • 91 Magistrate may set aside requirements for statements
  • 92 False statements or representations

Division 7 - Committal for trial where unfitness to be tried raised

  • 93 Committal for trial where unfitness to be tried raised
  • 94 Committal may take place after charge certification

Division 8 - Committal for trial or sentence

  • 95 Committal timing generally
  • 96 Committal for trial
  • 97 Guilty pleas and committal for sentence
  • 98 Committal of unrepresented persons
  • 99 Attorney General or Director of Public Prosecutions may direct that no further proceedings be taken

Division 9 - Procedure on committal

  • 100 Procedure applicable after committal for sentence
  • 101 Higher court may refer accused person back to Magistrate
  • 102 Disposal of proceedings by higher court
  • 103 Change to not guilty plea in higher court
  • 104 Meaning of "accused person"
    • 105-108. (Repealed)

Division 10 - General procedures after committal

  • 109 Accused person to be committed to correctional centre
  • 110 Bail acknowledgment to be notified
  • 111 Papers to be sent to officer of higher court
  • 112 Responsibilities of appropriate officer
  • 113 Copies of trial papers to be given to prosecutor
  • 114 Copies of transcripts of evidence
  • 115 Meaning of "accused person"

Division 11 - Costs

PART 3 - TRIAL PROCEDURES

Division 1 - Listing

Division 2 - Commencement and nature of proceedings

  • 126 Signing of indictments
  • 127 Manner of presenting indictments
  • 128 Directions as to indictments to be presented in District Court
  • 129 Time within which indictment to be presented
  • 130 Trial proceedings after presentation of indictment and before empanelment of jury
  • 130A Pre-trial orders and orders made during trial bind trial Judge
  • 131 Trial by jury in criminal proceedings
  • 132 Orders for trial by Judge alone
  • 132A Applications for trial by judge alone in criminal proceedings
  • 133 Verdict of single Judge

Division 3 - Case management provisions and other provisions to reduce delays in proceedings

  • 134 Purpose
  • 135 Definitions
  • 136 Directions for conduct of proceedings
    • 137. (Repealed) 138. (Repealed)
  • 139 Pre-trial hearings
  • 140 Pre-trial conferences
  • 141 Mandatory pre-trial disclosure
  • 142 Prosecution's notice
  • 143 Defence response
  • 144 Prosecution response to defence response
  • 145 Dispensing with formal proof
  • 146 Sanctions for non-compliance with pre-trial disclosure requirements
  • 146A Drawing of inferences in certain circumstances
  • 147 Disclosure requirements are ongoing
  • 148 Court may waive requirements
  • 149 Requirements as to notices
  • 149A Copies of exhibits and other things not to be provided if impracticable
  • 149B Personal details not to be provided
  • 149C Requirements as to statements of witnesses
  • 149D Exemption for matters previously disclosed
  • 149E Court powers to ensure efficient management and conduct of trial
  • 149F Miscellaneous provisions

Division 4 - Pre-trial disclosure--general

  • 150 Notice of alibi
  • 151 Notice of intention to adduce evidence of substantial mental impairment

Division 5 - Pleadings on trial

  • 152 Arraignment on charge of previous conviction
  • 153 Guilty plea to offence not charged
  • 154 Plea of "not guilty"
  • 155 Refusal to plead
  • 156 Plea of autrefois convict
  • 157 Change to guilty plea during trial

Division 6 - Other provisions relating to trials

Division 7 - Certain summary offences may be dealt with

CHAPTER 4 - SUMMARY PROCEDURE

PART 1 - PRELIMINARY

PART 2 - TRIAL PROCEDURES IN LOWER COURTS

Division 1 - Commencement of proceedings

  • 172 Commencement of proceedings by court attendance notice
  • 173 Commencement of proceedings by police officer or public officer
  • 174 Commencement of private prosecutions
  • 175 Form of court attendance notice
    • 176. (Repealed)
  • 177 Service of court attendance notices
  • 178 When proceedings commence
  • 179 Time limit for commencement of summary proceedings
  • 180 Relationship to other law or practice
  • 181 Attendance of accused person at proceedings

Division 2 - Pre-trial procedures

Division 3 - Hearings

Division 4 - Costs

Division 5 - Rules

PART 3 - ATTENDANCE OF WITNESSES AND PRODUCTION OF EVIDENCE IN LOWER COURTS

  • 220 Application
  • 221 Definitions
  • 222 Issue of subpoenas
  • 223 Time for service of subpoenas
  • 224 Conduct money
  • 225 Limits on obligations under subpoenas
  • 226 Production by non-party
  • 227 Subpoena may be set aside
  • 228 Inspection of subpoenaed documents and things
  • 229 Action that may be taken if person does not comply with subpoena
  • 230 Application of Bail Act 2013--bail decisions made by courts
  • 231 Action that may be taken if witness refuses to give evidence
  • 232 Rules relating to subpoenas

PART 4 - WARRANTS

Division 1 - Preliminary

Division 2 - Arrest warrants

  • 235 When arrest warrants may be issued for accused persons
  • 236 Form of arrest warrant
  • 237 Duration of arrest warrants
  • 238 Persons who may execute arrest warrant
  • 239 Procedure after arrest
  • 240 Revocation of warrants

Division 3 - Warrants of commitment

  • 241 Power to commit person to correctional centre subject to Bail Act 2013
  • 242 Form of warrants of commitment
  • 243 Procedure for taking person to correctional centre or other place
  • 244 Defects in warrants of commitment

PART 5 - SUMMARY JURISDICTION OF SUPREME COURT AND OTHER HIGHER COURTS

Division 1 - Jurisdiction

  • 245 Summary jurisdiction of Supreme Court

Division 2 - Appearance of accused persons

Division 2A - Case management provisions and other provisions to reduce delays in proceedings

  • 247A Application
  • 247B Purpose
  • 247C Definitions
  • 247D Directions for conduct of proceedings
  • 247E Notice of prosecution case to be given to defendant
  • 247F Notice of defence response to be given to prosecutor
  • 247G Preliminary hearings
  • 247H Preliminary conferences
  • 247I Court may order preliminary disclosure in particular case
  • 247J Prosecution notice--court-ordered preliminary disclosure
  • 247K Defence response--court-ordered preliminary disclosure
  • 247L Prosecution response to defence response--court-ordered preliminary disclosure
  • 247M Dispensing with formal proof
  • 247N Sanctions for non-compliance with preliminary disclosure requirements
  • 247O Disclosure requirements are ongoing
  • 247P Court may waive requirements
  • 247Q Requirements as to notices
  • 247R Copies of exhibits and other things not to be provided if impracticable
  • 247S Personal details not to be provided
  • 247T Requirements as to statements of witnesses
  • 247U Exemption for matters previously disclosed
  • 247V Court powers to ensure efficient management and conduct of trial or sentencing hearing
  • 247W Preliminary orders and other orders bind presiding Judge
  • 247X Miscellaneous provisions
  • 247Y Review of Division

Division 3 - Trial procedure

  • 248 Pre-trial procedure
  • 249 Procedure where prosecutor does not, but accused person does, appear
  • 250 Procedure where accused person does not obey order to appear
  • 251 Procedure where both parties do not appear
  • 252 Procedure where both parties appear
    • 253. (Repealed)
  • 254 Enforcement of fines and orders
  • 255 Termination of lower court proceedings on commencement of proceedings under this Part
  • 256 Effect of conviction under this Part
  • 257 Rules for summary criminal procedure

Division 4 - Costs

CHAPTER 5 - SUMMARY DISPOSAL OF INDICTABLE OFFENCES BY LOCAL COURT

  • 258 Objects of this Chapter
  • 259 Offences to which this Chapter applies
  • 260 Offences to be dealt with summarily unless election made to proceed on indictment
  • 261 Procedure for dealing with offences summarily if no election made
  • 262 Procedure for dealing with offences if election made
  • 263 Time for making election
  • 264 Election may be withdrawn
  • 265 Criminal record to be given to person charged (Table 1 offences)
  • 266 Regulations
  • 267 Maximum penalties for Table 1 offences
  • 268 Maximum penalties for Table 2 offences
  • 269 Offences by children
  • 270 No time limit for offences dealt with summarily under this Chapter
  • 271 Effect of conviction
  • 272 Application of Chapter
  • 273 Jurisdiction of Magistrates in respect of offences arising under Part 4AD of Crimes Act 1900

CHAPTER 6 - EVIDENTIARY MATTERS

PART 1 - PRELIMINARY

PART 2 - GENERAL

  • 275A NSW Police Force exhibits management system
  • 275B Witness with communication difficulty entitled to assistance from person or communication aid
  • 275C Court may direct expert evidence be given concurrently or consecutively
  • 276 Proof of service of notice to produce
  • 277 Stealing goods from vessel or wharf
  • 278 Incriminating statements admissible though on oath
  • 279 Compellability of family members to give evidence in certain proceedings
  • 279A Admission of evidence of complainant from related proceedings
  • 280 Disclosure of address or telephone number of witness
  • 280A Disclosure of personal information in subpoenaed documents and things
  • 281 Admissions by suspects

PART 2A - SENSITIVE EVIDENCE

Division 1 - Preliminary

Division 2 - Evidence held by prosecuting authority

  • 281C Accused person not entitled to copy of sensitive evidence
  • 281D Procedures for giving access to sensitive evidence to accused person
  • 281E Prosecuting authority entitled to retain possession of sensitive evidence
  • 281F Improper copying or circulation of sensitive evidence

Division 3 - Evidence held by health authority

  • 281FA Accused person not entitled to obtain sensitive evidence from health authority
  • 281FB Health authority to give sensitive evidence notice
  • 281FC Access to be given to accused person
  • 281FD Supervised access arrangements
  • 281FE Health authority entitled to retain possession of sensitive evidence
  • 281FF Improper copying or circulation of sensitive evidence
  • 281FG Evidence may be provided to prosecuting authority

PART 2B - TERRORISM EVIDENCE

  • 281G Definitions
  • 281H Accused person not entitled to copy of terrorism evidence
  • 281I Procedure for dealing with terrorism evidence
  • 281J Return of designated terrorism evidence
  • 281K Procedures for giving access to designated terrorism evidence to unrepresented accused person
  • 281L Improper copying or circulation of designated terrorism evidence
  • 281M Accused person not to possess designated terrorism evidence
  • 281N Prosecuting authority entitled to retain possession of terrorism evidence during criminal proceedings

PART 3 - SCIENTIFIC EXAMINATIONS AND LAW ENFORCEMENT DEVICES

  • 282 Scientific examinations
  • 283 Law enforcement devices

PART 3A - STATEMENTS

PART 4 - DEPOSITIONS AND WRITTEN STATEMENTS

  • 284 Depositions by persons dangerously ill
  • 285 Depositions tendered by prosecution
  • 286 Depositions tendered by accused person
  • 287 Evidentiary effect of certain transcripts
  • 288 Depositions taken during pre-trial investigations
  • 289 Written statements admitted in committal proceedings

PART 4A - USE OF RANDOM SAMPLE EVIDENCE

PART 4B - GIVING OF EVIDENCE BY DOMESTIC VIOLENCE COMPLAINANTS

Division 1 - Preliminary

Division 2 - Giving of evidence of out of court representations

  • 289F Complainant may give evidence in chief in form of recording
  • 289G Determination as to whether evidence will be given by recording
  • 289H Use of evidence in concurrent or related domestic violence proceedings
  • 289I Admissibility of recorded evidence
  • 289J Warning to jury
  • 289K Transcripts of recordings

Division 3 - Service of and access to recorded statements

Division 4 - Miscellaneous provisions for recorded statements

Division 5 - Giving of evidence by domestic violence complainants--other provisions

  • 289T Application of Division
  • 289U Proceedings must be held in camera when complainant gives evidence
  • 289UA Other parts of proceedings may be heard in camera
  • 289V Alternative means of giving evidence and alternative arrangements for complainants
  • 289VA Arrangements for complainant giving evidence in proceedings for domestic violence offence when accused person is unrepresented

PART 5 - EVIDENCE IN SEXUAL OFFENCE PROCEEDINGS

Division 1 - Evidence in certain sexual offence proceedings

Subdivision 1 - Preliminary
  • 290 Application
  • 290A Definitions
    • Subdivision 2 - In camera proceedings
  • 291 Proceedings must be held in camera when complainant gives evidence
  • 291A Other parts of proceedings may be heard in camera
  • 291B Incest offence proceedings to be held entirely in camera
  • 291C Media access to proceedings held in camera
    • Subdivision 3 - Directions to jury--consent
  • 292 Directions in relation to consent
  • 292A Circumstances in which non-consensual sexual activity occurs
  • 292B Responses to non-consensual sexual activity
  • 292C Lack of physical injury, violence or threats
  • 292D Responses to giving evidence
  • 292E Behaviour and appearance of complainant
  • 293 (Renumbered)
    • Subdivision 4 - Directions to jury--other
  • 293A Direction may be given by Judge if differences in complainant's account
  • 294 Direction to be given by Judge in relation to lack of complaint in certain sexual offence proceedings
  • 294AA Direction to be given by Judge in relation to complainants' evidence
    • Subdivision 5 - Giving of evidence
  • 294A Arrangements for complainant in prescribed sexual offence proceedings giving evidence when accused person is unrepresented
  • 294B Giving of evidence by complainant in prescribed sexual offence proceedings--alternative arrangements
  • 294C Complainant entitled to have support person or persons present when giving evidence
  • 294CA Admission of evidence of sexual offence witness given as complainant in earlier proceedings
  • 294CB Admissibility of evidence relating to sexual experience
    • Subdivision 6 - Protections extend to tendency witnesses
  • 294D Protections of Division extend to tendency witnesses

Division 1A - Evidence in child sexual offence proceedings

Subdivision 1 - Preliminary
  • 294E Definitions
  • 294F Application of division
    • Subdivision 2 - Pre-recorded evidence hearings
  • 294G Pre-recorded evidence hearings
  • 294H Timing of pre-recorded evidence hearings
  • 294I Provisions relating to other aspects of pre-recorded evidence hearing
  • 294J Access to recording and transcripts
  • 294K Witness may give further evidence only with leave
    • Subdivision 3 - Witness intermediaries
  • 294L Role of witness intermediaries
  • 294M Appointment of witness intermediaries
  • 294N Giving of evidence of witness in presence of witness intermediary
    • Subdivision 4 - General
  • 294O Warnings
  • 294P Relationship to other provisions of this Act
  • 294Q Regulations and rules of court
  • 294R Practice directions
  • 294S Review of division

Division 2 - Sexual assault communications privilege

  • 295 Interpretation
  • 296 What is a protected confidence?
  • 297 Protected confidences--preliminary criminal proceedings
  • 298 Protected confidences--criminal proceedings
  • 298A Victim cannot be required to identify counsellor
  • 299 Court to inform of rights under Division
  • 299A Protected confider has standing
  • 299B Determining if there is a protected confidence
  • 299C Notice of application for leave
  • 299D Determining whether to grant leave
  • 300 Effect of consent
  • 301 Loss of sexual assault communications privilege: misconduct
  • 302 Ancillary orders
    • 303, 304. (Repealed)
  • 305 Inadmissibility of evidence
  • 305A Subpoenas for production of counselling communications
  • 306 Application of common law

Division 3 - Special provisions relating to retrials of sexual offence proceedings

  • 306A Definitions
  • 306B Admission of evidence of complainant or special witness in new trial proceedings
  • 306C Complainant or special witness not compellable to give further evidence
  • 306D Complainant or special witness may elect to give further evidence
  • 306E Form in which record of original evidence of complainant or special witness is to be tendered
  • 306F Access to audio visual or audio recording
  • 306G Exhibits may also be tendered

Division 4 - Special provisions relating to subsequent trials of sexual offence proceedings

Note
  • 306H Definitions
  • 306I Admission of evidence of complainant or special witness in new trial proceedings
  • 306J Whether complainant or special witness compellable to give further evidence
  • 306K Complainant or special witness may elect to give further evidence
  • 306L Application of provisions dealing with form of record of original evidence, access to recordings and exhibits

PART 6 - GIVING OF EVIDENCE BY VULNERABLE PERSONS

Division 1 - Preliminary

Division 2 - Recording of out of court statements

Division 3 - Giving evidence of out of court representations

  • 306R Evidence to which this Division applies
  • 306S Ways in which evidence of vulnerable person may be given
  • 306T Wishes of vulnerable person to be taken into account
  • 306U Vulnerable person entitled to give evidence in chief in form of recording
  • 306V Admissibility of recorded evidence
  • 306W Alternative arrangements for giving evidence
  • 306X Warning to jury
  • 306Y Evidence not to be given in form of recording if contrary to interests of justice
  • 306Z Transcripts of recordings

Division 4 - Giving of evidence by closed-circuit television

  • 306ZA Application of Division
  • 306ZB Vulnerable persons have a right to give evidence by closed-circuit television
  • 306ZC Accused vulnerable persons may be allowed to give evidence by closed-circuit television
  • 306ZD Giving evidence by closed-circuit television
  • 306ZE Giving identification evidence when closed-circuit television is used
  • 306ZF Proceedings may be moved to allow use of closed-circuit television facilities
  • 306ZG Use of closed-circuit television or similar technology
  • 306ZH Vulnerable persons have a right to alternative arrangements for giving evidence when closed-circuit television facilities not available
  • 306ZI Warning to jury

Division 5 - Miscellaneous

PART 7 - MISCELLANEOUS

CHAPTER 7 - MISCELLANEOUS

PART 1 - GENERAL

PART 2 - (Repealed)

None

PART 3 - PENALTY NOTICE OFFENCES

  • 332 Definitions
  • 333 Police may issue penalty notices for certain offences
  • 334 Penalty notices
  • 335 Penalty notices may not be issued to children
  • 336 Penalty notice offences
  • 337 Penalties
  • 338 Effect of payment of penalty
  • 339 Limitation on exercise of penalty notice powers
  • 340 Withdrawal of penalty notice
  • 341 Powers relating to identity
  • 342 Effect of Part on other procedures and powers
  • 343 Limited implementation of penalty notice provisions
  • 344 Monitoring of Part by Ombudsman
  • 344A Further review by Ombudsman--Aboriginal and Torres Strait Islander communities

PART 4 - INTERVENTION PROGRAMS

Note

Division 1 - Preliminary

Division 2 - Intervention programs

Division 3 - Adjournment of criminal proceedings in connection with intervention program

Division 4 - Miscellaneous

  • 351 Regulations with respect to the provision or disclosure of information in connection with intervention programs
  • 352 Relationship with other legislation

PART 5 - (Repealed)

None

PART 6 - REVIEW OF PROVISIONS

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