Section 40 — Definition — Criminal Procedure Act 1986 (New South Wales) — Barrister AI

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Section 40 — Definition — Criminal Procedure Act 1986 (New South Wales) — Barrister AI

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s 1Name of Act s 2Commencement s 3Definitions s 4Regulations and rules s 4AFees s 5Certain offences to be dealt with on indictment s 6Certain offences to be dealt with summarily s 7Certain summary offences may be dealt with by Local Court s 8Prosecution of indictable offences s 9Name in which prosecutions may be instituted s 10Indictment of bodies corporate s 11Description of offences s 12Short description of certain offences s 13Venue in indictment s 14Common informer s 14AProceedings for offences commenced by officers of ICAC or LECC s 15Application of Part s 16Certain defects do not affect indictment s 17When formal objections to be taken s 18Judgment on demurrer to indictment s 19Traversing indictment s 20Amendment of indictment s 21Orders for amendment of indictment, separate trial and postponement of trial s 22Amended indictment s 23Indictment may contain up to 3 similar counts s 24Accessories may be charged together in one indictment s 25Indictment charging previous offence also s 26Description of written instruments s 27Supreme Court rules may prescribe forms of indictments s 28Application of Part and definition s 29When more than one offence may be heard at the same time s 29ATendency or coincidence—offences to be heard together s 30Change of venue s 31Abolition of accused person’s right to make unsworn statement or to give unsworn evidence s 32Indemnities s 33Undertakings s 34Practice as to entering the dock s 35Right to inspect depositions on trial s 36Representation and appearance s 36ARepresentation and appearance in penalty notice matters s 36BDisclosures by law enforcement or investigating officers s 37Conduct of case s 38Hearing procedures to be as for Supreme Court s 39Recording of evidence s 40Adjournments generally s 41How accused person to be dealt with during adjournment s 42Witnesses in mitigation s 43Restitution of property s 44When case not to be proceeded with: accused person to be released from custody s 45Application of Chapter and definitions s 46Jurisdiction of courts s 47ADefinition s 47Commencement of committal proceedings by court attendance notice s 48Commencement of proceedings by police officer or public officer s 49Commencement of private prosecutions s 50Form of court attendance notice s 51(Repealed)s 52Service of court attendance notices s 53When proceedings commence s 54Attendance of accused person at proceedings s 55Outline of committal proceedings steps s 56Judge to conduct committal proceedings s 57Committal proceedings to be heard in open court s 58Application of other procedural provisions to committal proceedings s 59Explanation of committal process and discount for guilty plea s 60Application of Drug Court proceedings s 61Requirement to disclose evidence s 62Matters to be disclosed in brief of evidence s 63Additional material to be disclosed s 64Exceptions to requirement to provide copies of material s 65Prosecutors who may exercise charge certificate and case conference functions s 66Charge certificates s 67Charge certificate must be filed s 68Failure to file charge certificate s 69Exceptions to requirements for case conference procedures s 70Case conferences to be held s 71Case conference procedures s 72Obligations of legal representative of accused s 73Joint accused s 74Case conference certificate must be completed and filed s 75Contents of case conference certificate s 76Failure to complete case conference obligations s 77Further offers s 78Case conference certificate and other evidence not admissible in other proceedings s 79Confidentiality of case conference certificate matters s 80Prohibition on publication of case conference material s 81Certain matters not taken to be pre-trial disclosures s 82Judge may direct witness to attend s 83Witnesses who cannot be directed to attend s 84Victim witnesses, sexual offence witnesses and vulnerable witnesses generally not to be directed to attend s 85Evidence of prosecution witness s 86Exceptions to oral evidence s 87Evidence to be taken in presence of accused person s 88Evidentiary effect of statements s 89Statements must comply with requirements s 90Evidence not to be admitted s 91Judge may set aside requirements for statements s 92False statements or representations s 93Committal for trial where unfitness to be tried raised s 94Committal may take place after charge certification s 95Committal timing generally s 96Committal for trial s 97Guilty pleas and committal for sentence s 98Committal of unrepresented persons s 99Attorney General or Director of Public Prosecutions may direct that no further proceedings be taken s 100Procedure applicable after committal for sentence s 101Higher court may refer accused person back to Judge of the Local Court s 102Disposal of proceedings by higher court s 103Change to not guilty plea in higher court s 104Meaning of “accused person”s 105-108105–108 (Repealed)s 109Accused person to be committed to correctional centre s 110Bail acknowledgment to be notified s 111Papers to be sent to officer of higher court s 112Responsibilities of appropriate officer s 113Copies of trial papers to be given to prosecutor s 114Copies of transcripts of evidence s 115Meaning of “accused person”s 116When costs may be awarded to accused persons s 117Limit on circumstances when costs may be awarded against a public officer s 118Costs on adjournment s 119Content of costs orders s 120Enforcement of costs orders s 121Definitions s 122Listing s 123Authority of Criminal Listing Director s 124Liaison s 125Certain matters not affected s 126Signing of indictments s 127Manner of presenting indictments s 128Directions as to indictments to be presented in District Court s 129Time within which indictment to be presented s 130Trial proceedings after presentation of indictment and before empanelment of jury s 130APre-trial orders and orders made during trial bind trial Judge s 131Trial by jury in criminal proceedings s 132Orders for trial by Judge alone s 132AApplications for trial by judge alone in criminal proceedings s 133Verdict of single Judge s 134Purpose s 135Definitions s 136Directions for conduct of proceedings s 137(Repealed)s 138(Repealed)s 139Pre-trial hearings s 140Pre-trial conferences s 141Mandatory pre-trial disclosure s 142Prosecution’s notice s 143Defence response s 144Prosecution response to defence response s 145Dispensing with formal proof s 146Sanctions for non-compliance with pre-trial disclosure requirements s 146ADrawing of inferences in certain circumstances s 147Disclosure requirements are ongoing s 148Court may waive requirements s 149Requirements as to notices s 149ACopies of exhibits and other things not to be provided if impracticable s 149BPersonal details not to be provided s 149CRequirements as to statements of witnesses s 149DExemption for matters previously disclosed s 149ECourt powers to ensure efficient management and conduct of trial s 149FMiscellaneous provisions s 150Notice of alibi s 151Notice of intention to adduce evidence of substantial mental impairment s 152Arraignment on charge of previous conviction s 153Guilty plea to offence not charged s 154Plea of “not guilty”s 155Refusal to plead s 156Plea of autrefois convict s 157Change to guilty plea during trial s 158Transcript of statement in committal proceedings s 159Opening address to jury by accused person s 160Closing address to jury by accused person s 161Summary by Judge s 161ADirection not to be given regarding tendency or coincidence evidence s 162Alternative verdict of attempt on trial for any indictable offence s 163No further prosecution after trial for serious indictable offence where alternative verdict possible s 164Joint trial in case of perjury s 164AJudge unable to continue in trial by jury s 165Definitions and application s 166Certification and transfer of back up and related offences s 167Manner of dealing with back up and related offences s 168Procedures for dealing with certain offences related to indictable offences s 169Remission of certain offences related to indictable offences to Local Court s 170Application s 171Definitions s 172Commencement of proceedings by court attendance notice s 173Commencement of proceedings by police officer or public officer s 174Commencement of private prosecutions s 175Form of court attendance notice s 176(Repealed)s 177Service of court attendance notices s 178When proceedings commence s 179Time limit for commencement of summary proceedings s 180Relationship to other law or practice s 181Attendance of accused person at proceedings s 182Written pleas s 183Brief of evidence to be served on accused person where not guilty plea s 184Exhibits s 185Recording of interviews with vulnerable persons s 185ARecordings of interviews with domestic violence complainants s 186Form of copy of brief of evidence s 187When brief of evidence need not be served s 188Evidence not to be admitted s 189False statements or representations s 190Time for hearing s 191Proceedings to be open to public s 192Procedures where both parties present s 193Procedure if offence admitted s 194Procedure if offence not admitted s 195How evidence is taken s 196Procedure if accused person not present s 197Adjournment when accused person not present s 198Absent accused person taken to have pleaded not guilty s 199Material to be considered when matter determined in absence of accused person s 200When court may require prosecution to provide additional evidence s 201Procedure if prosecutor or both parties not present s 202Determination by court s 203Additional powers to adjourn summary proceedings s 204Record of conviction or order to be made s 205Order dismissing matter to be made s 206Effect of certificate that matter has been dismissed s 207Power to set aside conviction or order before sentence s 208Dismissal of matter if matter withdrawn s 209Application of section 10 of the Crimes (Sentencing Procedure) Act 1999 s 210Penalties applying to traffic offences committed by children s 211Definition s 211AImposition of court costs levy s 212When costs may be awarded s 213When professional costs may be awarded to accused persons s 214Limit on award of professional costs to accused person against prosecutor acting in public capacity s 215When professional costs may be awarded to prosecutor s 216Costs on adjournment s 217Enforcement of costs orders s 218Public officers and police officers not personally liable for costs s 219Rules s 220Application s 221Definitions s 222Issue of subpoenas s 223Time for service of subpoenas s 224Conduct money s 225Limits on obligations under subpoenas s 226Production by non-party s 227Subpoena may be set aside s 228Inspection of subpoenaed documents and things s 229Action that may be taken if person does not comply with subpoena s 230Application of Bail Act 2013—bail decisions made by courts s 231Action that may be taken if witness refuses to give evidence s 232Rules relating to subpoenas s 233Application s 234Definition s 235When arrest warrants may be issued for accused persons s 236Form of arrest warrant s 237Duration of arrest warrants s 238Persons who may execute arrest warrant s 239Procedure after arrest s 240Revocation of warrants s 241Power to commit person to correctional centre subject to Bail Act 2013 s 242Form of warrants of commitment s 243Procedure for taking person to correctional centre or other place s 244Defects in warrants of commitment s 245Summary jurisdiction of Supreme Court s 246Orders for appearance or apprehension of accused persons s 247Notices to be given to prosecutor s 247AApplication s 247BPurpose s 247CDefinitions s 247DDirections for conduct of proceedings s 247ENotice of prosecution case to be given to defendant s 247FNotice of defence response to be given to prosecutor s 247GPreliminary hearings s 247HPreliminary conferences s 247ICourt may order preliminary disclosure in particular case s 247JProsecution notice—court-ordered preliminary disclosure s 247KDefence response—court-ordered preliminary disclosure s 247LProsecution response to defence response—court-ordered preliminary disclosure s 247MDispensing with formal proof s 247NSanctions for non-compliance with preliminary disclosure requirements s 247ODisclosure requirements are ongoing s 247PCourt may waive requirements s 247QRequirements as to notices s 247RCopies of exhibits and other things not to be provided if impracticable s 247SPersonal details not to be provided s 247TRequirements as to statements of witnesses s 247UExemption for matters previously disclosed s 247VCourt powers to ensure efficient management and conduct of trial or sentencing hearing s 247WPreliminary orders and other orders bind presiding Judge s 247XMiscellaneous provisions s 247YReview of Division s 248Pre-trial procedure s 249Procedure where prosecutor does not, but accused person does, appear s 250Procedure where accused person does not obey order to appear s 251Procedure where both parties do not appear s 252Procedure where both parties appear s 253(Repealed)s 254Enforcement of fines and orders s 255Termination of lower court proceedings on commencement of proceedings under this Part s 256Effect of conviction under this Part s 257Rules for summary criminal procedure s 257ADefinition s 257BWhen costs may be awarded to prosecutor s 257CWhen professional costs may be awarded to accused person s 257DLimit on award of professional costs against a prosecutor acting in a public capacity s 257EPublic officers and police officers not personally liable for costs s 257FCosts on adjournment s 257GCalculation of costs s 258Objects of this Chapter s 259Offences to which this Chapter applies s 260Offences to be dealt with summarily unless election made to proceed on indictment s 261Procedure for dealing with offences summarily if no election made s 262Procedure for dealing with offences if election made s 263Time for making election s 264Election may be withdrawn s 265Criminal record to be given to person charged (Table 1 offences)s 266Regulations s 267Maximum penalties for Table 1 offences s 268Maximum penalties for Table 2 offences s 269Offences by children s 270No time limit for offences dealt with summarily under this Chapter s 271Effect of conviction s 272Application of Chapter s 273Jurisdiction of Local Court in respect of offences arising under Part 4AD of Crimes Act 1900 s 274Application s 275Definition s 275ANSW Police Force exhibits management system s 275BWitness with communication difficulty entitled to assistance from person or communication aid s 275CCourt may direct expert evidence be given concurrently or consecutively s 276Proof of service of notice to produce s 277Stealing goods from vessel or wharf s 278Incriminating statements admissible though on oath s 279Compellability of family members to give evidence in certain proceedings s 279AAdmission of evidence of complainant from related proceedings s 280Disclosure of address or telephone number of witness s 280ADisclosure of personal information in subpoenaed documents and things s 281Admissions by suspects s 281ADefinitions s 281BSensitive evidence—meaning s 281CAccused person not entitled to copy of sensitive evidence s 281DProcedures for giving access to sensitive evidence to accused person s 281EProsecuting authority entitled to retain possession of sensitive evidence s 281FImproper copying or circulation of sensitive evidence s 281FAAccused person not entitled to obtain sensitive evidence from health authority s 281FBHealth authority to give sensitive evidence notice s 281FCAccess to be given to accused person s 281FDSupervised access arrangements s 281FEHealth authority entitled to retain possession of sensitive evidence s 281FFImproper copying or circulation of sensitive evidence s 281FGEvidence may be provided to prosecuting authority s 281GDefinitions s 281HAccused person not entitled to copy of terrorism evidence s 281IProcedure for dealing with terrorism evidence s 281JReturn of designated terrorism evidence s 281KProcedures for giving access to designated terrorism evidence to unrepresented accused person s 281LImproper copying or circulation of designated terrorism evidence s 281MAccused person not to possess designated terrorism evidence s 281NProsecuting authority entitled to retain possession of terrorism evidence during criminal proceedings s 282Scientific examinations s 283Law enforcement devices s 283AApplication of Part s 283BForm and requirements for written statements s 283CRecordings of interviews with vulnerable persons s 283DRecordings of interviews with domestic violence complainants s 283EForm and requirements for recorded statements s 283FDeath of person who made statement s 283GUse of previous statements in cases involving prescribed sexual offences s 283HRegulations relating to requirements for statements s 284Depositions by persons dangerously ill s 285Depositions tendered by prosecution s 286Depositions tendered by accused person s 287Evidentiary effect of certain transcripts s 288Depositions taken during pre-trial investigations s 289Written statements admitted in committal proceedings s 289ADefinitions s 289BUse of random sample evidence in child abuse material cases s 289CInterpretation s 289DMeaning of “recorded statement”s 289ERelationship to Evidence Act 1995 s 289FComplainant may give evidence in chief in form of recording s 289GDetermination as to whether evidence will be given by recording s 289HUse of evidence in concurrent or related domestic violence proceedings s 289IAdmissibility of recorded evidence s 289JWarning to jury s 289KTranscripts of recordings s 289LService of recorded statement s 289MAccess to recorded statement s 289NValidity of proceedings not affected s 289OProsecutor entitled to retain possession of recorded statement s 289PImproper copying or dissemination of recorded statement s 289QCourt powers s 289RRules of court s 289SRegulations s 289TApplication of Division s 289UProceedings must be held in camera when complainant gives evidence s 289UAOther parts of proceedings may be heard in camera s 289VAlternative means of giving evidence and alternative arrangements for complainants s 289VAArrangements for complainant giving evidence in proceedings for domestic violence offence when accused person is unrepresented s 290Application s 290ADefinitions s 291Proceedings must be held in camera when complainant gives evidence s 291AOther parts of proceedings may be heard in camera s 291BIncest offence proceedings to be held entirely in camera s 291CMedia access to proceedings held in camera s 292Directions in relation to consent s 292ACircumstances in which non-consensual sexual activity occurs s 292BResponses to non-consensual sexual activity s 292CLack of physical injury, violence or threats s 292DResponses to giving evidence s 292EBehaviour and appearance of complainant s 293 s 293ADirection may be given by Judge if differences in complainant’s account s 294Direction to be given by Judge in relation to lack of complaint in certain sexual offence proceedings s 294AADirection to be given by Judge in relation to complainants’ evidence s 294AArrangements for complainant in prescribed sexual offence proceedings giving evidence when accused person is unrepresented s 294BGiving of evidence by complainant in prescribed sexual offence proceedings—alternative arrangements s 294CComplainant entitled to have support person or persons present when giving evidence s 294CAAdmission of evidence of sexual offence witness given as complainant in earlier proceedings s 294CBAdmissibility of evidence relating to sexual experience s 294DProtections of Division extend to tendency witnesses s 294EDefinitions s 294FApplication of division s 294GPre-recorded evidence hearings s 294HTiming of pre-recorded evidence hearings s 294IProvisions relating to other aspects of pre-recorded evidence hearing s 294JAccess to recording and transcripts s 294KWitness may give further evidence only with leave s 294LRole of witness intermediaries s 294MAppointment of witness intermediaries s 294NGiving of evidence of witness in presence of witness intermediary s 294OWarnings s 294PRelationship to other provisions of this Act s 294QRegulations and rules of court s 294RPractice directions s 294SReview of division s 295Interpretation s 296What is a protected confidence?s 297Protected confidences—preliminary criminal proceedings s 298Protected confidences—criminal proceedings s 298AVictim cannot be required to identify counsellor s 299Court to inform of rights under Division s 299AProtected confider has standing s 299BDetermining if there is a protected confidence s 299CNotice of application for leave s 299DDetermining whether to grant leave s 300Effect of consent s 301Loss of sexual assault communications privilege: misconduct s 302Ancillary orders s 303, 304(Repealed)s 305Inadmissibility of evidence s 305ASubpoenas for production of counselling communications s 306Application of common law s 306ADefinitions s 306BAdmission of evidence of complainant or special witness in new trial proceedings s 306CComplainant or special witness not compellable to give further evidence s 306DComplainant or special witness may elect to give further evidence s 306EForm in which record of original evidence of complainant or special witness is to be tendered s 306FAccess to audio visual or audio recording s 306GExhibits may also be tendered s 306HDefinitions s 306IAdmission of evidence of complainant or special witness in new trial proceedings s 306JWhether complainant or special witness compellable to give further evidence s 306KComplainant or special witness may elect to give further evidence s 306LApplication of provisions dealing with form of record of original evidence, access to recordings and exhibits s 306MDefinitions s 306NWords and expressions used in Evidence Act 1995 s 306ORelationship to Evidence Act 1995 s 306PApplication of Part s 306QRegulations may require interviews with vulnerable persons to be recorded s 306REvidence to which this Division applies s 306SWays in which evidence of vulnerable person may be given s 306TWishes of vulnerable person to be taken into account s 306UVulnerable person entitled to give evidence in chief in form of recording s 306VAdmissibility of recorded evidence s 306WAlternative arrangements for giving evidence s 306XWarning to jury s 306YEvidence not to be given in form of recording if contrary to interests of justice s 306ZTranscripts of recordings s 306ZAApplication of Division s 306ZBVulnerable persons have a right to give evidence by closed-circuit television s 306ZCAccused vulnerable persons may be allowed to give evidence by closed-circuit television s 306ZDGiving evidence by closed-circuit television s 306ZEGiving identification evidence when closed-circuit television is used s 306ZFProceedings may be moved to allow use of closed-circuit television facilities s 306ZGUse of closed-circuit television or similar technology s 306ZHVulnerable persons have a right to alternative arrangements for giving evidence when closed-circuit television facilities not available s 306ZIWarning to jury s 306ZJValidity of proceedings not affected s 306ZKVulnerable persons have a right to presence of a support person while giving evidence s 306ZLVulnerable persons have a right to alternative arrangements for giving evidence when accused is unrepresented s 306ZMCourt orders s 306ZNGeneral discretion of court not affected s 306ZORegulations s 306ZPRules of court s 306ZQComplainants in domestic violence offence proceedings have a right to presence of a support person while giving evidence s 306ZRWarning to be given by Judge in relation to lack of complaint in certain domestic violence offence proceedings s 307No court fees to be taken from accused persons s 308(Repealed)s 309Certificate as to indictment s 309ACertificate may be issued to victim of identity crime s 310Warrants that may be issued on production of certificate s 311Procedure after arrest s 312Persons arrested under bench warrants s 313Warrants s 314Media access to court documents s 314AReview of pre-trial disclosure provisions enacted by Criminal Procedure Amendment (Case Management) Act 2009 s 315Savings, transitional and other provisions s 316Provisions relating to offences s 317Bail Act 2013 to prevail s 317ACourts to deal expeditiously with persons arrested for sentencing s 332Definitions s 333Police may issue penalty notices for certain offences s 334Penalty notices s 335Penalty notices may not be issued to children s 336Penalty notice offences s 337Penalties s 338Effect of payment of penalty s 339Limitation on exercise of penalty notice powers s 340Withdrawal of penalty notice s 341Powers relating to identity s 342Effect of Part on other procedures and powers s 343Limited implementation of penalty notice provisions s 344Monitoring of Part by Ombudsman s 344AFurther review by Ombudsman—Aboriginal and Torres Strait Islander communities s 345Objects s 346Definitions s 347Declaration and regulation of intervention programs s 348Offences in respect of which an intervention program may be conducted s 349Eligibility of certain persons to participate in intervention program s 350Court may adjourn proceedings to allow accused person to be assessed for or to participate in intervention program s 351Regulations with respect to the provision or disclosure of information in connection with intervention programs s 352Relationship with other legislation s 368Review of certain provisions relating to consent s 1AInterpretation: value of property s 1Offences against the person where victim 14 years of age or over s 2Other offences against the person s 3Larceny and other offences exceeding $5,000 s 3ARobbery s 4Offences taken to be, or punishable as, larceny or stealing s 4AFraud and related offences s 5Breaking and entering place of Divine worship with intent to commit serious indictable offence s 6Breaking out of dwelling-house after committing, or entering with intent to commit, indictable offence s 7Entering dwelling-house or breaking etc into any house etc with intent to commit serious indictable offence s 8Breaking etc into any house etc and committing serious indictable offence s 8ABreaking and entering in company s 9Other property offences s 9ABushfires s 10Offences relating to public order s 10AOffences relating to contamination of goods s 10BOffences relating to bomb and other hoaxes s 10COffences relating to participation in criminal groups s 10CAPublicly threatening or inciting violence on grounds of race, religion, sexual orientation, gender identity or intersex or HIV/AIDS status s 10DIdentity offences s 11Offences relating to transport services s 12Corrupt practices s 12ABlackmail s 12BForgery and related offences s 13False instruments s 14Offences relating to computers s 15Public justice offences s 15AOffence relating to recruiting children s 16Escape from lawful custody s 16AFailing to stop and assist after road accident s 16BImpersonating police officers s 16CFalse imprisonment s 16DCheating at gambling s 16EKnives in public places or schools s 16FPerformance crime offences s 17Bail Act 2013 s 18AAAChildren (Criminal Proceedings) Act 1987 s 18Children and Young Persons (Care and Protection) Act 1998 s 18AAConveyancers Licensing Act 2003 s 18ACrimes (Criminal Organisations Control) Act 2012 s 18ABCrimes (Domestic and Personal Violence) Act 2007 s 18BCrimes (Serious Crime Prevention Orders) Act 2016 s 18CCriminal Procedure Act 1986 s 18DElectoral Funding Act 2018 s 19Electricity Commission Act 1950 s 19AElectricity Supply Act 1995 s 20Financial Institutions Commission Act 1992 s 20AAHealth Practitioner Regulation National Law (NSW)s 20AJury Act 1977 s 21Justices Act 1902 s 21ALaw Enforcement and National Security (Assumed Identities) Act 2010 s 21BLaw Enforcement (Powers and Responsibilities) Act 2002 s 21CLegal Profession Uniform Law (NSW)s 21DConversion Practices Ban Act 2024 s 22Oaths Act 1900 s 23Petroleum (Offshore) Act 1982 s 23APoint to Point Transport (Taxis and Hire Vehicles) Act 2016 s 23BPolice Powers (Drug Premises) Act 2001 s 23CProperty and Stock Agents Act 2002 s 23CAPublic Health Act 2010 s 23CBPublic Interest Disclosures Act 2022 s 23DRoyal Commissions Act 1923 s 23ESpecial Commissions of Inquiry Act 1983 s 23FSydney Opera House Trust Act 1961 s 24Unlawful Gambling Act 1998 s 24AWitness Protection Act 1995 s 26Attempts s 27Accessories s 28Abettors s 28AConspiracies s 28BIncitement s 29Offences involving more than small quantity but not more than indictable quantity s 29ASupply prohibited drug involving more than indictable quantity but less than commercial quantity s 30Offences involving more than indictable quantity but less than commercial quantity (cannabis plant and cannabis leaf)s 30AOffence involving possession of precursors for manufacture or production of prohibited drugs s 30BOffences involving possession of prohibited drug precursors s 30COffences involving supply of prohibited drugs on an ongoing basis s 31Mining Act 1992 s 32Petroleum (Onshore) Act 1991 s 1Offences against the person s 2Stalking and intimidation s 2AOffences relating to apprehended violence orders s 3Larceny and certain other property offences s 3APossession of implement of housebreaking s 4Other property offences s 4AIdentity offences s 4AAOffences related to forgery s 4BFalse instruments s 4COffences involving animals s 4DOffences relating to participation in criminal groups s 4EConsorting s 4FVoluntary assisted dying s 4FANazi symbols or conduct s 4GPossession of dedicated encrypted criminal communication devices s 4HPerformance crime offences s 5Offence of damaging Opera House s 6Crimes Act 1900 s 7Firearms Act 1996 s 8Weapons Prohibition Act 1998 s 9Rural Fires Act 1997 s 10Publishing of child pornography s 10AFrauds concerning liens on crops and wool or stock mortgages s 10BUnauthorised disclosure of information s 10CTrafficking in fish s 10DConveyancers Licensing Act 2003 s 10EProperty and Stock Agents Act 2002 s 10FRestricted Premises Act 1943 s 10GCrimes (High Risk Offenders) Act 2006 s 10HTerrorism (High Risk Offenders) Act 2017 s 10ILaw Enforcement (Powers and Responsibilities) Act 2002 s 10JLaw Enforcement (Powers and Responsibilities) Act 2002 s 10KConversion Practices Ban Act 2024 s 11Attempts s 12Accessories s 13Abettors s 14Conspiracies s 15Incitement s 16Drug Misuse and Trafficking Act 1985 s 17Mining Act 1992 s 18Petroleum (Onshore) Act 1991 s 20Pipelines Act 1967 s 21Electricity Supply Act 1995 s 22Gas Supply Act 1996 s 22AChild Protection (Offenders Prohibition Orders) Act 2004 s 23Child Protection (Offenders Registration) Act 2000 s 23AElectoral Act 2017 s 24Health Services Act 1997 s 25Surveillance Devices Act 2007 s 26Companion Animals Act 1998 s 27Community Gaming Act 2018 s 27ACrime Commission Act 2012 s 28Criminal Assets Recovery Act 1990 s 29Confiscation of Proceeds of Crime Act 1989 s 30Poisons and Therapeutic Goods Act 1966 s 31Medicines, Poisons and Therapeutic Goods Act 2022 s 32Public Health (Tobacco) Act 2008 s 1Regulations s 2Application of amendments to Part 10 s 3Application of amendments to Table 2 to Part 9A s 4Application of amendments to Part 10 s 5Definitions s 6Definitions s 7Certificates under section 358 s 8Notices under section 405A and 405AB s 9Depositions under section 406 s 10Certificate evidence under section 414A s 11Operation of section 442A s 12Orders under section 578 s 15Application of section 95 s 16Application of section 105 s 17Continued operation of Forfeited Recognizances and Bail Act 1954 s 18Delegations s 19Construction of certain references s 20General saving s 21Application of Division 2A of Part 3 (Pre-trial disclosure—case management)s 22Application of amendments to section 48 (Notice of alibi)s 23Application of substituted section 54 (Time within which indictment to be presented)s 24Application of section 63A (Amendment of indictment)s 25Application of Part 7 s 26Definitions s 27Consequences of abolition of office of Clerk of the Peace s 28General saving relating to proceedings s 29Construction of certain references s 30Functions of justices conferred on Magistrates or Local Courts s 31Previous acts done by justices s 32Offences committed before commencement of clause s 33Provisions about appearances and service of documents s 34Previous warrants s 35Costs s 36Protection and immunities of justices s 37Depositions s 38Translation of old references to new references s 39Authorised justices under Search Warrants Act 1985 s 40Definition s 41Extension of definition of “prescribed sexual offence”s 42Improper questions s 43Sensitive evidence s 44Evidence of complainant to be given in camera s 45Other amendments relating to giving of evidence by complainant s 46Definitions s 47Validation of certain indictments s 48Application of section 130A s 49Definition s 50Amendments s 51Amendments s 52Changes to limitation period s 53Existing warrants s 54Definition s 55Amendments s 56Effect of repeal of Evidence (Children) Act 1997 s 57Pending proceedings s 58Improper questions and certain warnings s 59Changes to pre-trial disclosure requirements s 60Withdrawal of matter by prosecutor s 61Proceedings for offences s 62Section 130A s 63Case management provisions s 64Use of random sample evidence s 65References to child abuse material s 66Extension of protections afforded to complainants to other witnesses s 67Changes to the definition of “offence involving violence”s 68Evidence in sexual offence proceedings s 69Conduct of committal proceedings in the absence of the public s 70Changes to trial by judge alone provisions s 71New penalties to apply prospectively s 72Case management provisions s 73Changes in respect of Schedule 1 offences s 74Use of random sample evidence s 75Sensitive evidence—audio recordings s 76Court costs levy applies to convictions in commenced proceedings s 77Review of amendments s 78Definition s 79Case management provisions s 80Review of policy objectives of amending Act s 95Definitions s 96Application of amendments s 97Application of amendments s 98Definitions s 99Existing proceedings s 100Previous offences s 101Definition s 102Compellability of family members s 103Terrorism evidence s 104Sexual assault communications privilege s 105Case management provisions s 106Definition s 107Back up summary offences s 108Giving of evidence by vulnerable persons s 109Indictment for indecent assault s 110Application of amendments s 111Use of pre-recorded evidence in particular circumstances s 112Use of original evidence in particular circumstances s 113Tendency or coincidence—offences to be heard together s 114Prescribed period—notice of alibi s 115Application of provisions in relation to warning to be given for certain domestic violence offence proceedings s 116Application of amendments s 117Application of amendments s 118Application of amendments s 119Definitions s 120Application of previous provisions to prescribed proceedings commenced before commencement s 121Application of Chapter 6, Part 5, Division 1A to prescribed proceedings commenced on or after commencement s 122Application of Chapter 6, Part 5, Division 1A to relevant proceedings s 123Application of amendments s 124Bail decisions made by authorised justices and authorised officers continue in force s 125Commencement of proceedings by certain persons s 1Institution of contempt proceedings s 2Definitions s 3Time within which prosecution to be commenced and warrant issued for treason-related offence s 4More than one act may be charged in indictment for treason-related offence s 5Indictment for treason-related offence valid though facts may amount to treason s 6Procedure for treason to be as for murder s 7Stealing and receiving in one indictment s 8Separate receivers may be charged in one indictment s 9Allegations in indictment as to money or securities stolen s 10Indictment for stealing by tenants s 11Indictment for stealing deeds s 12Indictment for larceny by public servant, property to be described as property of the State s 13General averment of intent to defraud or injure s 14Sexual touching s 15Partners and partnership property s 16Where not necessary to allege particular ownership s 17On trial for perjury: presumption of authority to administer oath s 18Description in indictment for engraving s 19Indictment for sale of counterfeit coin s 20Indictment for perjury s 21Indictment for conspiracy s 22Procedures regarding obscene or blasphemous libel

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40

Definition

Current

40 Definition

In this Part—

amending Act means the Criminal Procedure Further Amendment (Evidence) Act 2005.

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Previouss 39Authorised justices under Search Warrants Act 1985 Nexts 41Extension of definition of “prescribed sexual offence”