Criminal Procedure Act 1986

This Act may be cited as the Criminal Procedure Act 1986.

Sections 1 and 2 shall commence on the date of assent to this Act.

Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.

In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

accused person includes, in relation to summary offences, a defendant and, in relation to all offences (where the subject-matter or context allows or requires), an Australian legal practitioner representing an accused person.

apprehended violence order has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007.

apprehended violence order proceedings has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007.

authorised officer means—

a registrar of a court, or

an employee of the Attorney General’s Department authorised by the Attorney General as an authorised officer for the purposes of this Act.

bail has the same meaning as it has in the Bail Act 2013.

case conference means a conference held under Division 5 of Part 2 of Chapter 3.

case conference certificate means a case conference certificate required to be completed and filed under Division 5 of Part 2 of Chapter 3.

case conference material—see section 78 (5).

charge certificate—see section 66 (1).

Children’s Judge has the same meaning as in the Children’s Court Act 1987.

coincidence evidence has the same meaning as it has in the Evidence Act 1995.

committal proceedings means proceedings before a Judge of the Local Court for the purpose of committing a person charged with an indictable offence for trial or sentence.

court means—

the Supreme Court, the Court of Criminal Appeal, the Land and Environment Court, the Industrial Relations Commission, the District Court or the Local Court, or

any other court that, or person who, exercises criminal jurisdiction,

but, subject to the Children (Criminal Proceedings) Act 1987, does not include the Children’s Court or any other court that, or person who, exercises the functions of the Children’s Court.

Court of Coal Mines Regulation means the Court of Coal Mines Regulation established under the Coal Mines Regulation Act 1982.

domestic violence complainant, in proceedings for a domestic violence offence, means the person against whom the domestic violence offence is alleged to have been committed, but does not include a person who is a vulnerable person.

domestic violence offence means a domestic violence offence within the meaning of the Crimes (Domestic and Personal Violence) Act 2007.

exercise a function includes perform a duty.

function includes a power, authority or duty.

indictable offence means an offence (including a common law offence) that may be prosecuted on indictment.

Industrial Local Court Judge has the same meaning as in the Industrial Relations Act 1996.

intervention plan—see section 346.

intervention program—see section 346.

law enforcement or investigating officer, for an alleged offence, means a police officer, or another officer or a member of staff of an agency created by or under an Act, who is responsible for an investigation into a matter involving the suspected commission of the alleged offence.

offence means an offence against the laws of the State (including a common law offence).

plea offer—see section 77 (1).

prescribed sexual offence means—

an offence under section 43B, 45, 45A, 61B, 61C, 61D, 61E, 61I, 61J, 61JA, 61K, 61KC, 61KD, 61KE, 61KF, 61L, 61M, 61N, 61O, 63, 65, 65A, 66, 66A, 66B, 66C, 66D, 66DA, 66DB, 66DC, 66DD, 66DE, 66DF, 66EA, 66EB, 66EC, 66F, 67, 68, 71, 72, 72A, 73, 73A, 74, 76, 76A, 78A, 78B, 78H, 78I, 78K, 78L, 78M, 78N, 78O, 78Q, 79, 80, 80A, 80D, 80E, 81, 81A, 81B, 87, 89, 90, 90A, 91, 91A, 91B, 91D, 91E, 91F, 91G, 91P, 91PA, 91Q, 91R, 316 (if the concealed serious indictable offence is a prescribed sexual offence) or 316A of the Crimes Act 1900, or

an offence that, at the time it was committed, was a prescribed sexual offence for the purposes of this Act or the Crimes Act 1900, or

an offence (including an offence under section 86 of the Crimes Act 1900) that includes the commission of, or an intention to commit, an offence referred to in paragraph (a) or (b), or

an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraph (a), (b) or (c).

prescribed summary offence has the same meaning as in the Director of Public Prosecutions Act 1986.

prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject-matter or context allows or requires) an Australian legal practitioner representing the prosecutor.

public officer means any of the following persons, if acting in an official capacity—

an employee in the Public Service or the NSW Police Force,

an officer or employee of a statutory body representing the Crown,

an employee of a local council,

a member of staff of Local Land Services,

the Director of Public Prosecutions, Deputy Director of Public Prosecutions or Solicitor for Public Prosecutions,

an officer or employee of a body declared by the regulations to be a public body for the purposes of this definition.

recorded statement—see section 289D.

regulations means regulations under this Act.

Rule Committee for a court means a person or body having power to make rules for the court.

rules means rules made for the purposes of a court to which the relevant provision applies.

sexual offence witness has the same meaning as in section 294D.

summary offence means an offence that is not an indictable offence.

tendency evidence has the same meaning as it has in the Evidence Act 1995.

trial Judge means the Judge before whom trial proceedings, following empanelment of a jury in proceedings on indictment, are heard.

vulnerable person has the same meaning as it has in Part 6 of Chapter 6.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Notes included in this Act are explanatory notes and do not form part of this Act.

In the absence of evidence to the contrary, a person specified in paragraphs (a)–(f) of the definition of public officer who purports to exercise a function as a public officer under this Act is presumed to be acting in an official capacity.

In this Act, a reference to the empanelment of a jury is, in the case of a trial by a Judge alone, taken to be a reference to the point in time when the Judge first assumes the role of the tribunal of fact.

The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

The Rule Committee for a court may make rules, not inconsistent with this or any other Act, for or with respect to the following matters—

any matter that is required or permitted to be prescribed by rules, or that is necessary or convenient to be prescribed by rules, in relation to the practice or procedure to be followed to give effect to this Act,

any matter incidental to, or relating to, any such practice or procedure.

The rules are to be made in accordance with the Act under which the court is constituted.

The regulations may make provision for or with respect to the following matters—

the fees payable to a court in relation to the conduct of criminal proceedings in the court, including fees for the following—

the filing or registration of any document in the court,

the sealing or other authentication of any document that has been filed in the court,

the issue of any document out of the court,

the fees payable in relation to the functions exercised by the Sheriff in relation to criminal proceedings,

the fees payable for administrative services provided by a registrar or other officer of the court, whether in connection with the administration of this Act or otherwise,

the payment of fees under this Act, including—

the waiver, postponement or remission, in part or in whole, of the fees, and

the persons to whom the fees are payable, and

the time at which the fees become due, and

the persons liable to pay the fees.

A regulation made under subsection (1)(d)(i) may authorise a registrar of a court or the Sheriff to—

waive, postpone or remit fees payable to the court or the Sheriff, as relevant, and

impose conditions on the waiver, postponement or remission of the fees.

A reference in subsection (1A) to a registrar is, in relation to the Supreme Court, a reference to—

the Principal Registrar of the Court, or

another registrar of the Court nominated by the Principal Registrar.

Fees of the kind referred to in subsection (1) (a) or (b) are not payable by the Crown, or by any person acting on behalf of the Crown, with respect to any criminal proceedings prosecuted by—

the Crown,

any Minister of the Crown,

any person or body prescribed by the regulations or belonging to a class of persons or bodies so prescribed.

Despite subsection (2), such fees are payable by any NSW Government agency or statutory body representing the Crown prescribed by the regulations for the purposes of this subsection.

Subsection (2) does not prevent the recovery by the Crown or any such person or body of any fees that would, had they been paid by the Crown or any such person or body, have been so recoverable.

Unpaid fees may be recovered by the person to whom they are payable, as a debt, in any court of competent jurisdiction.

In this section, criminal proceedings means proceedings for an offence (whether summary or indictable), and includes the following—

committal proceedings,

proceedings relating to bail,

proceedings relating to sentence,

proceedings on an appeal against conviction or sentence.

An offence must be dealt with on indictment unless it is an offence that under this or any other Act is permitted or required to be dealt with summarily.

An offence may be dealt with on indictment if it is an offence that under this or any other Act is permitted to be dealt with summarily or on indictment.

The following offences must be dealt with summarily—

an offence that under this or any other Act is required to be dealt with summarily,

an offence that under this or any other Act is described as a summary offence,

an offence for which the maximum penalty that may be imposed is not, and does not include, imprisonment for more than 2 years, excluding the following offences—

an offence that under any other Act is required or permitted to be dealt with on indictment,

an offence listed in Table 1 or 2 to Schedule 1.

An offence may be dealt with summarily if it is an offence that under this or any other Act is permitted to be dealt with summarily or on indictment.

An offence that is permitted or required to be dealt with summarily is to be dealt with by the Local Court.

This section does not apply to an offence that, under this or any other Act, is required to be dealt with summarily otherwise than by the Local Court.

All offences shall be punishable by information (to be called an indictment) in the Supreme Court or the District Court, on behalf of the Crown, in the name of the Attorney General or the Director of Public Prosecutions.

Such an indictment may be presented or filed whether or not the person to whom the indictment relates has been committed for trial in respect of an offence specified in the indictment.

This section does not apply to offences that are required to be dealt with summarily.

This section does not affect any law or practice that provides for an indictable offence to be dealt with summarily.

Any prosecution or proceedings instituted by the Attorney General or the Director of Public Prosecutions in respect of any offence (whether an indictable offence or a summary offence) may be instituted in either the official name or the personal name of the Attorney General or the Director of Public Prosecutions.

Unless a contrary intention appears, a provision of an Act relating to an offence applies to bodies corporate as well as to individuals.

On arraignment, a body corporate may enter a plea of “guilty” or “not guilty” by means of writing signed by its representative.

If no such plea is entered the court is to enter a plea of “not guilty”, and the trial is to proceed as though the body corporate had pleaded “not guilty”.

A representative of a body corporate need not be appointed under the body’s seal.

A written statement that—

purports to be signed by one of the persons having the management of the affairs of the body corporate, and

contains a statement to the effect that a named person is the body’s representative,

is admissible as evidence that the named person has been so appointed.

The description of any offence in the words of an Act or statutory rule or other document creating the offence, or in similar words, is sufficient in law.