Charge certificates
66 Charge certificates
A charge certificate is a document in the form prescribed by the regulations and signed by the prosecutor that—
relates to the offences specified in a court attendance notice for the committal proceedings, and
specifies the offences that are to be the subject of the proceedings against the accused person, and
sets out the details of each of those offences in a way that is sufficient under this Act for the purposes of an indictment or an averment in an indictment, and
specifies any back up or related offences (within the meaning of section 165) that are proposed to be the subject of a certificate under section 166 (1) relating to charges against the accused person, and
if applicable, confirms that proceedings against the accused person for other specified offences are no longer being proceeded with, and
contains any other matters prescribed by the regulations for the purposes of this section.
The prosecutor must certify in the certificate that—
the evidence available to the prosecutor is capable of establishing each element of the offences that are to be the subject of the proceedings against the accused person, and
for an alleged offence for which there are duties of disclosure under the Director of Public Prosecutions Act 1986, section 15A—the prosecutor has received and considered verification of compliance about the duties, and
for an alleged offence for which there are duties of disclosure under section 36B—the prosecutor has received and considered verification of compliance about the duties.
(Repealed)
Subsections (1) and (2) do not limit the matters that may be included by the regulations in the prescribed form of charge certificate.
This provision refers to the regulations (prescribed by the regulations
, the regulations
, prescribed form
). Made under this Act:
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