Relevant prosecuting authority to notify chief executive officer of prosecution proceeding
273H Relevant prosecuting authority to notify chief executive officer of prosecution proceeding
This section applies if—
the commissioner of police or the director of public prosecutions (a relevant prosecuting authority) is aware a person charged with a relevant offence is a relevant commission officer; and
a relevant event happens in relation to the person.
The relevant prosecuting authority must, within the relevant period for the relevant event, give the chief executive officer a notice stating each of the following matters—
the person’s name;
the date the relevant event happened;
particulars of the relevant offence to which the relevant event relates;
if the relevant event is that the person is committed by a court for trial for a relevant offence—
the court that committed the person for trial; and
the court to which the person was committed;
if the relevant event is that the person is convicted by a court of a relevant offence—
the court that convicted the person; and
the sentence imposed by the court;
if the relevant event is that an appeal against a conviction of the person for a relevant offence has been decided—
the court in which the appeal was decided; and
the particulars of the decision;
if the relevant event is that the prosecution of the person for a relevant offence has ended in a court, without the person being convicted of the offence—the court in which the prosecution of the person ended.
In this section—
relevant event, for a person charged with a relevant offence, means—
the person is committed by a court for trial for a relevant offence; or
the person is convicted by a court of a relevant offence; or
if the person is convicted as mentioned in paragraph (b) and the person appealed against the conviction—the appeal is finally decided or has otherwise ended; or
the prosecution of the person for the relevant offence ends without the person being convicted of a relevant offence because—
a nolle prosequi is entered on the indictment presented against the person for the offence; or
the person is acquitted of the offence; or
the prosecution of the person otherwise ends.
relevant offence means—
an indictable offence; or
a disqualifying offence within the meaning of the Working with Children Check Act 2000, section 16 that is not an indictable offence.
relevant period, for a relevant event, means—
generally—7 days after the event happens; or
if the relevant event is the conviction of a person for a relevant offence—7 days after the court imposes a sentence for the offence.
This Act’s bill:Explanatory memorandum
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