Version No. 015
Criminal Procedure Act 2009
No. 7 of 2009
Version incorporating amendments as at 31 December 2010
table of provisions
SectionPage
1
SectionPage
Chapter 1—Preliminary
1Purposes
2Commencement
3Definitions
4References to Parts
Chapter 2—Commencing a Criminal Proceeding
Part 2.1—Ways in which a Criminal Proceeding is Commenced
5How a criminal proceeding is commenced
Part 2.2—Charge-sheet and Listing of Matter
6Commencement of a criminal proceeding in the Magistrates' Court
7Time limits for filing a charge-sheet
8Order for amendment of charge-sheet
9Errors etc. in charge-sheet
10Listing of matter for mention hearing or filing hearing in the Magistrates' Court
11Place of hearing
Part 2.3—Notifying Accused of Court Appearance
Division 1—Summons or warrant to arrest
12Court may issue summons or warrant to arrest
13Summons or warrant to be accompanied by charge-sheet and notice when served
14Police or public official may issue summons
15Contents of summons
16Personal service of summons
17Summons for summary offence may be served by ordinary service
18Informant must nominate address etc. for service of
documents
19Extension of return date if summons not served
20Adjournment of proceeding on application of accused
Division 2—Notice to appear
21Police or public official may serve notice to appear
22Notice to appear lapses unless charge-sheet filed within
14 days
23Notice to be given on lapsing
24Preliminary brief to be served if charge-sheet filed
25Non-appearance of accused served with notice to appear
26Notice to appear does not commence proceeding
Chapter 3—Summary Procedure
Part 3.1—When a Summary Hearing May Be Held
27Summary offences
28Indictable offences that may be heard and determined
summarily
29When an indictable offence may be heard and determined summarily
30Procedure for indictable offences that may be heard and determined summarily
Part 3.2—Procedure before Summary Hearing
Division 1—General
31Court may change place of hearing
32Accused entitled to copy of charge-sheet and particulars
33Unrepresented accused who requires legal advice
34Return of property
Division 2—Pre-hearing disclosure of prosecution case
35When preliminary brief is to be served
36How preliminary brief must be served
37Contents of preliminary brief
38Requirements for informant's statement in preliminary brief
39When full brief must be served
40How full brief must be served
41Contents of full brief
42Continuing obligation of disclosure
43Accused may make request for material etc. not provided
44Informant must comply with request or state grounds of refusal
45Grounds on which informant may refuse disclosure
46Accused may apply for order requiring disclosure
47Rules with respect to statements
48Disclosure of address or telephone number of witness
49Informant may place material on database
Division 3—Preliminary disclosure of case of accused
50Expert evidence
51Alibi evidence
52Offence to communicate with alibi witness
Division 4—Mention hearing, summary case conference and contestmention hearing
53Mention hearing
54Summary case conference
55Contest mention hearing
Part 3.3—Summary Hearing
Division 1—Joint or separate hearing of charges
56Multiple charges on single charge-sheet or multiple accused named on single charge-sheet
57Joint hearing of charges on separate charge-sheets
58Order for separate hearing
Division 2—Diversion program
59Adjournment to undertake diversion program
Division 3—Sentence indication
60Court may give sentence indication
61Effect of sentence indication
Division 4—Entering a plea
62Charge to be read or explained to accused before plea
63Legal practitioner may enter plea on behalf of accused
64Refusal to plead
Division 5—Opening addresses
65Parties may give opening addresses
Division 6—Case for the accused
66Accused entitled to respond after close of prosecution case
67Election when accused is legally represented
68Election when accused is not legally represented
69Procedure for joint hearings if no-case submission made
70Questioning to determine proper course of proceeding
71Opening address of accused at beginning of case for the
accused
72Evidential burden on accused for exceptions etc.
Division 7—Closing addresses
73Prosecutor's closing address
74Closing address of the accused
75Supplementary address by prosecutor
Division 8—Determination of charge
76Option of finding of attempt
Division 9—Criminal record
77Criminal record
78Proof of previous convictions by criminal record
Division 10—Non-appearance of party
79Non-appearance of informant
80Non-appearance of accused charged with summary offence
81Non-appearance of accused charged with indictable offence
82Non-appearance of corporate accused charged with indictable offence
83Admissibility of evidence in absence of accused where full briefserved
84Admissibility of evidence in absence of accused where preliminary brief served
85Non-appearance of accused—Infringements Act2006
86Proof of criminal record in absence of accused
87Limitations on sentencing in absence of accused
Part 3.4—Rehearing
88Right to apply for rehearing
89Notice of intention to apply for rehearing
90Service of notice
91Stay of sentence etc.
92Court may order rehearing
93Failure to appear on application
94Automatic rehearing in certain cases
Chapter 4—Committal Proceeding
Part 4.1—Preliminary
95Definition
96When a committal proceeding must be held
97Purposes of a committal proceeding
98When a committal proceeding commences
99Time limit for determining certain committal proceedings
for a sexual offence
100Hearings in a committal proceeding and attendance of accused
Part 4.2—Filing Hearing
101Filing hearing
102Time limit for filing hearing
Part 4.3—Compulsory Examination
103Application for order
104Order for compulsory examination hearing
105Notice of compulsory examination order to be served
106Compulsory examination hearing
Part 4.4—Pre-hearing Disclosure of Prosecution Case
107Informant must serve hand-up brief
108How hand-up brief must be served
109Copy hand-up brief to be filed and forwarded to DPP
110Contents of hand-up brief
111Continuing obligation of disclosure
112Rules with respect to statements
113Rules with respect to recordings
114Disclosure of address or telephone number of witness
115Inspection of exhibits
116Informant may serve and file plea brief
117Contents of plea brief
Part 4.5—Case Direction
118Case direction notice
119Contents of case direction notice
120Late application for leave to cross-examine witness
121Adjournment without appearance of parties
122Compliance with request to copy or inspect items or disclose previous convictions of witness
123No cross-examination of certain witnesses in sexual offence cases
124Leave required to cross-examine other witnesses
Part 4.6—Committal Mention and Case
Conference
125Committal mention hearing
126Time for holding committal mention hearing
127Committal case conference
Part 4.7—Committal Hearing
128Committal hearing
129Attendance of witnesses
130Giving of evidence by witnesses
131Disclosure of address or telephone number of witness
132Cross-examination of witnesses
133Special rules applicable to sexual offences
134Failure of witness to attend committal hearing
135Court may permit accused to be absent from committal
hearing
136Accused who absconds etc. during a committal hearing
137Accused (natural person) absent at close of prosecution case
138Procedure on accused's attendance after absence
Part 4.8—Evidence in Committal Proceeding
139Admissibility of non-oral evidence
140Procedure if accused makes admission of relevant fact or
matter
Part 4.9—Determination of Committal
Proceeding
141Determination of committal proceeding where hand-up
brief used
142Determination of committal proceeding where plea brief used
143Determination of committal proceeding where accused elects tostand trial
144Procedure before and on committing accused for trial
Part 4.10—Procedure After Committal
145Transfer of summary offences that are related offences on or aftercommittal
146Documents to be forwarded to DPP
147Accused entitled to copies of depositions and exhibits
148Absent corporate accused to be notified of committal
Part 4.11—Taking Evidence After Accused Committed for Trial
149Application for order that evidence be taken after committal
150Determination of application
151Attendance of witness
152Taking of evidence after committal
Part 4.12—General
153Special mention hearing
154Non-appearance of corporate accused
155Nature of committal proceeding
156Nothing in Chapter affects certain powers of DPP
157DPP may give directions for release of property tendered in evidence
Chapter 5—Trial on Indictment
Part 5.1—Introduction
158Application of Chapter
Part 5.2—Indictment and Place of Trial
159DPP or Crown Prosecutor may file an indictment
160Choice of Supreme Court or County Court for filing an indictment
161Direct indictment commences criminal proceeding
162Filing of any other indictment does not commence criminal proceeding
163Time limits for filing certain indictments
164Filing of fresh indictment
165Order for amendment of indictment
166Errors etc. in indictment
167Supreme Court may order that accused be tried in County Courtor Supreme Court
168Court may transfer certain charges to Magistrates' Courtor Children's Court
169Place of hearing of criminal trial
170Multiple charges or multiple accused on single indictment
Part 5.3—Notifying Accused of Indictment
171Copy indictment to be served
172DPP may nominate address etc. for service of documents
173Extra notice for corporate accused
174Compelling attendance when direct indictment filed
175Service of summons
176Warrant to be accompanied by indictment and notice
Part 5.4—Discontinuing a Prosecution
177DPP may discontinue a prosecution without adjudication
178Release from custody on discontinuance of prosecution
Part 5.5—Pre-trial Procedure
Division 1—Directions hearings
179Directions hearing
180Accused may be arraigned at a directions hearing
181Powers of court at directions hearing
Division 2—Pre-trial disclosure
182Summary of prosecution opening and notice of pre-trial admissions
183Response of accused to summary of prosecution opening and notice of pre-trial admissions
184Intention to depart at trial from document filed and served
185Continuing obligation of disclosure
186Disclosure of address or telephone number of witness
187Previous convictions of witness
188Prosecution notice of additional evidence
189Expert evidence
190Alibi evidence
191Offence to communicate with alibi witness
Division 3—Orders
192Power to change place of trial
193Order for separate trial
194Order for separate trial—sexual offences
195Order for separate trial—conspiracy
196Other powers of court not affected
197Order for legal representation for accused
198Order for taking evidence from a witness before trial
Division 4—Procedure for pre-trial orders and other decisions
199Court may make orders and other decisions before trial
200Disclosure of pre-trial issues
201Court may decide pre-trial issue without a hearing
202Hearing of application for exclusion of evidence
203Judge at pre-trial hearing need not be trial judge
204Pre-trial orders and other decisions generally binding on trial judge
205Pre-trial orders and other decisions may be applied in new
trial
206Procedure if prosecution proposes not to lead evidence
Part 5.6—Sentence Indication
207Court may give sentence indication
208Application for sentence indication
209Effect of sentence indication
Part 5.7—Trial
Division 1—Preliminary
210When trial commences
211Time limit for commencing trial for offences other than sexual offences
212Time limits for commencing trials for sexual offences
213Powers of trial judge not affected
214Non-appearance of corporate accused at trial
Division 2—Arraignment
215Arraignment
216Written pleas of guilty may be accepted
217Arraignment in presence of jury panel
218Special pleas in addition to plea of not guilty
219Plea of guilty to alternative offence
220Form of plea of previous conviction or previous acquittal
221Refusal to plead
Division 3—Assisting the jury
222Judge may address jury
223Jury documents
Division 4—Opening addresses
224Opening address by prosecutor
225Response of accused to prosecution opening
Division 5—Case for the accused
226Accused entitled to respond after close of prosecution case
227Election when accused is legally represented
228Election when accused is not legally represented
229Procedure for joint trials if no-case submission made
230Questioning to determine proper course of proceeding
231Opening address of accused
Division 6—Giving of evidence
232Manner of giving evidence
233Introduction of evidence not previously disclosed
Division 7—Closing addresses and judge's directions to the jury
234Prosecution closing address
235Closing address of the accused
236Supplementary prosecution address
237Comment on departure or failure
238Judge's directions to the jury
Division 8—Alternative verdicts and discharge of jury from delivering verdict
239Alternative verdicts on charges other than treason or murder
240Judge may order that guilt in respect of alternative offences is notto be determined
241When judge may enter finding of guilty or not guilty
Part 5.8—General
Division 1—Hearing of charges for related and unrelated summary offences
242Summary offence related to indictable offence
243Unrelated summary offence
Division 2—Criminal record
244Criminal record
245Proof of previous convictions by criminal record
Division 3—Powers and obligations
246Attendance of accused at hearings
247Power to extend or abridge time
248Parties must inform Juries Commissioner of certain events
249Counsel required to retain brief for trial
250Complaints about legal practitioners
251Judge at earlier trial not prevented from presiding at later trial
252Offence for corporate accused to fail to appear
253Abolition of grand jury procedure
Division 4—Procedure on guilty plea or guilty verdict
253AAbolition of allocutus
253BWhen finding of guilt occurs
Chapter 6—Appeals and Cases stated
Part 6.1—Appeal from Magistrates' Court to County Court
Division 1—Appeal by offender
254Right of appeal
255How appeal is commenced
256Determination of appeal
Division 2—Appeal by DPP against sentence
257DPP's right of appeal against sentence
258How appeal is commenced
259Determination of DPP's appeal
Division 3—Appeal by DPP—Failure to fulfil undertaking
260DPP's right of appeal—failure to fulfil undertaking
261How appeal is commenced
262Determination of DPP's appeal—failure to fulfil undertaking
Division 4—Procedure
263Late notice of appeal deemed to be application for leave
to appeal
264Stay of sentence
265Bail pending appeal
266Abandonment of appeal
267Appellant's failure to appear
268Respondent's failure to appear on appeal by DPP
269One notice of appeal for 2 or more sentences
270Appeal against aggregate sentence
271Appeal to County Court authorised by other Acts
Part 6.2—Appeal from Magistrates' Court to Supreme Court on a Question of Law
272Appeal to Supreme Court on a question of law
273Appeal 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
274Right of appeal against conviction
275How appeal is commenced
276Determination of appeal against conviction
277Orders etc. on successful appeal
Division 2—Appeal by offender against sentence
278Right of appeal against sentence imposed by originating court
279How appeal is commenced
280Determination of application for leave to appealunder section278
281Determination of appeal
282Orders etc. on successful appeal
283Right of appeal against sentence of imprisonment imposed by County Court on appeal from Magistrates' Court
284How appeal is commenced
284ADetermination of application for leave to appeal under section283
285Determination of appeal
286Orders etc. on successful appeal
Division 3—Crown appeal against sentence
287Right of appeal—inadequate sentence
288How appeal is commenced
289Determination of Crown appeal
290Orders etc. on successful appeal
291Right of appeal—failure to fulfil undertaking
292How appeal is commenced
293Determination of Crown appeal—failure to fulfil undertaking
294Powers of Court of Appeal on successful appeal
Division 4—Interlocutory appeal
295Right of appeal against interlocutory decision
296Review of refusal to certify
297When leave to appeal may be given
298How interlocutory appeal is commenced
299Adjournment of trial if leave to appeal given
300Determination of appeal
301Determination of interlocutory appeal to be entered on record
Division 5—Case stated for Court of Appeal
302Reservation of question of law
303Adjournment if question of law reserved
304Refusal to reserve question of law
305Case to be stated if question of law reserved
306General powers of Court of Appeal on case stated
307Judgment to be entered on record
308DPP may refer point of law to Court of Appeal
Division 6—Status of sentences and orders during appeal period
309Sentence not stayed during appeal period
310Bail pending appeal
311Stay of certain orders during appeal period
312Execution of order for forfeiture or destruction of property
Division 7—Powers and procedure
313Extension of time for filing or serving notice of appeal or noticeof application for leave to appeal
314Abandonment of appeal
315Powers which may be exercised by a single Judge of Appeal
316Trial judge may be required to provide report on appeal
317Production of documents, exhibits or other things
318Order for examination of compellable witness
319Evidence of competent but not compellable witness
320Reference of question to special commissioner
321New evidence—effect on sentence
322Sentence in absence of offender
323Bail following appeal
324Warrants
325Ancillary orders of originating court
326Expenses of assessors and special commissioners
Chapter 7—Reference TO COURT OF APPEAL on petition for mercy
327Reference by Attorney-General
Chapter 8—General
Part 8.1—Conduct of Proceeding
328Appearance
329When accused etc. is required to appear at hearing
330When accused etc. is required to attend hearing
331Power to adjourn proceeding
332Transfer of accused between place of detention and court
333Power to return accused to youth justice centre
334Proceedings against bodies corporate
335Interpreter
336Subpoenas and witness summonses
336AVictim who is a witness entitled to be present in court
337Court may act on application or on own motion
Part 8.2—Witnesses
Division 1—Guiding principles
338Guiding principles
Division 2—Evidence concerning complainant
339Application of Division
340Definition
341Prohibition on questions and evidence concerning complainant'schastity
342Restriction on questions and evidence concerning complainant'ssexual activities
343Admissibility of sexual history evidence
344Application for leave
345Application for leave out of time
346Contents of application for leave
347Waiver of requirement to apply for leave in writing
348Hearing of application for leave
349Determination of application for leave during summary hearing,committal proceeding or trial
350Determination of application for leave during sentencing
hearing
351Court must state reasons if leave granted
352Limitation on sexual history evidence
Division 3—Cross-examination of protected witnesses
353Application of Division
354Definitions
355Court may declare witness to be protected witness
356Protected witness not to be cross-examined by accused in
person
357When accused is not legally represented
358Jury warning concerning legal representation for cross-examination
Division 4—Alternative arrangements for giving evidence
359Application of Division
360Alternative arrangements for giving evidence
361Jury warning concerning alternative arrangements
362Evidence given by closed-circuit television or other facilities
363When court must direct use of closed-circuit television or otherfacilities for complainant
364When court must direct use of screens for complainant
365When court must direct presence of support person for complainant
Division 5—Use of recorded evidence-in-chief of children and cognitively impaired witnesses in sexual offence and assault
matters
366Application of this Division
367Use of recorded evidence-in-chief
368Admissibility of recorded evidence-in-chief
Division 6—Procedure and rules for children and cognitively impaired complainants
369Application of Division
370Special hearing for pre-recording evidence
371Time limits for special hearing
372Conduct of special hearing
373Form in which recording of special hearing is to be tendered
374Admissibility of evidence from special hearing
375Jury warning as to recording of special hearing
376Cross-examination of complainant
377Exception to hearsay rule—previous representations made by complainant under 18 years
Division 7—Admission of recorded evidence of complainant in sexualoffence matters
378Application of Division
379Admissibility of recording of complainant's evidence
380Prosecution to give notice of intention to tender recording
381Admission of recording of evidence of complainant
382Jury warning as to recorded evidence of complainant
383Attendance of complainant
384Direct testimony in addition to recording
385Cross-examination of complainant
386Form in which recording of complainant's evidence is to be tendered
387Exception to hearsay rule
Division 8—Miscellaneous
388Evidence of specialised knowledge in certain cases
389Audiovisual link evidence from overseas in certain
proceedings
Part 8.3—Service of Documents
390General rules as to service
391Personal service
392Service on informant or DPP
393Service on company, registered body, incorporated association orother body corporate
394Ordinary service
395Personal service satisfies ordinary service
396Last known place of residence or business
397Order for substituted service
398Who may effect service
399Proof of service
Part 8.4—Costs
Division 1—Preliminary
400Right to be heard
Division 2—Costs in summary proceedings and committal proceedings
401Costs in Magistrates' Court
402Notice to appear
403Convicted accused to pay filing fee
Division 3—Costs in trials on indictment
404Costs in the Supreme Court and County Court
405Costs order
Division 4—Costs on appeal
406Costs on appeal to County Court
407Costs on abandonment of appeal to County Court
408Costs on appeal from Magistrates' Court to Supreme Court on aquestion of law
409No costs on appeal to Court of Appeal or on new trial
Division 5—Legal practitioners
410Costs liability of legal practitioner
Part 8.5—Miscellaneous
411Issue of warrant to arrest
412Power to amend when there is a defect or error
413Transfer of charge to court with jurisdiction
414Acknowledgment of false statement
415Court may direct that a person be prosecuted for perjury
416Disclosure of material by prosecution
417Court fees not payable by accused
418Supreme Court—limitation of jurisdiction
419Rules of court
420Regulations
Chapter 9—REPEALS AND CONSEQUENTIAL AND OTHERAMENDMENTS
Part 9.1—Crimes (Criminal Trials) Act 1999
421Repeal
Part 9.2—Crimes Act 1958
422Amendment of the Crimes Act 1958
Part 9.3—Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997
423New section 14A inserted
14AAppeal in relation to fitness to plead
424New section 24AA inserted
24AAAppeal against mental impairment verdict
425Consequential amendments
Part 9.4—Magistrates' Court Act 1989
426Joint committals
427Consequential amendments
Part 9.5—Children, Youth and Families Act 2005
428Definitions inserted
429New Part 5.1A inserted in Chapter 5
Part 5.1A—COMMENCEMENT OF PROCEEDINGS
344ATime limits for filing a charge-sheet
344BApplication for extension of time for commencement ofproceeding
344CExtension of time
344DRehearing
430New section 516A inserted
516AJoint committal proceedings
Part 9.6—Appeal Costs Act 1998
431New sections 15A, 15B and 15C inserted
15AApplication for indemnity certificate if interlocutory appeal by accused is successful
15BApplication for indemnity certificate by respondent if interlocutory appeal by prosecution
15CApplication for indemnity certificate if case stated for Court of Appeal
Part 9.7—Sentencing Act 1991
432Repeal
433New section 112A inserted
112AMaximum fine for indictable offence heard and determined summarily
434Maximum fine for body corporate
Part 9.8—Miscellaneous Amendments
435Reclassification of certain offences
436Option of jury trial removed
437Repealed
438Repeal of Chapter
Chapter 10—Savings and Transitional Provisions
439Savings and transitional provisions
440Transitional provisions—Justice Legislation Amendment Act2010
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SCHEDULES
SCHEDULE 1—Charges on a Charge-Sheet or Indictment
1Statement of offence
2Statement of particulars
3Statutory offence
4Exceptions, exemptions etc.
5Joinder of charges
6Charge against multiple accused