Definitions for ch div 3
590AD Definitions for ch div 3
In this chapter division—affected child see the Evidence Act 1977, section 21AC.arresting officer, for a person charged with an offence, means—
the police officer who arrested the person or, if the person was not arrested, the police officer who brought the charge against the person; or
at any time the person mentioned in paragraph (a) is unavailable, another police officer the police commissioner, or a delegate of the police commissioner, designates as the arresting officer for the person.
associate, of a lawyer, means an associate of the law practice of the lawyer as defined under the Legal Profession Act 2007, section 7(1)(a) or (c).sch 1 pt 8 ch 62 ch div 3 ch sdiv B s 590AD def associate ins 2022 No. 12 s 15(1)court means the court for the relevant proceeding.criminal history of a person includes every finding of guilt, or acceptance of a plea of guilty, whether or not a conviction was recorded, other than a spent conviction.disclose...sch 1 pt 8 ch 62 ch div 3 ch sdiv B s 590AD def disclose a thing om 2008 No. 55 s 108 (1)sch 1 pt 8 ch 62 ch div 3 ch sdiv B s 590AD def disclose particulars om 2008 No. 55 s 108 (1)end, of the proceedings for a relevant charge, means—
if a trial that disposes of the charge is not conducted—the discharge, striking out, withdrawal, entry of nolle prosequi, quashing, staying or other event by which the proceedings end; or
if a trial that disposes of the charge ends without a finding of guilt—the end of the trial; or
if a trial that disposes of the charge ends with a finding of guilt and an appeal against the finding is not started during the period allowed for appeal, including an extension of the period granted by a court—the end of the period; or
if a trial that disposes of the charge ends with a finding of guilt and an appeal is started against the finding—the end of the appeal and the end of any further proceedings.
sch 1 pt 8 ch 62 ch div 3 ch sdiv B s 590AD def end ins 2022 No. 12 s 15(1)Evidence Act section 93A device statement see section 590AFA.sch 1 pt 8 ch 62 ch div 3 ch sdiv B s 590AD def Evidence Act section 93A device statement ins 2008 No. 55 s 108 (2)exculpatory thing, in relation to an accused person, means reliable evidence of a nature to cause a jury to entertain a reasonable doubt as to the guilt of the accused person.original evidence means a thing that may be tendered as an exhibit in a relevant proceeding.possession of the prosecution see section 590AE.prescribed summary trial means a summary trial of—
a charge for an indictable offence that must be heard and decided summarily under section 552BA; or
a charge for an indictable offence if, under section 552A, the prosecution has elected that the charge be heard and decided summarily; or
a charge for an indictable offence to which section 552B applies unless the defendant has informed the Magistrates Court that he or she wants to be tried by jury; or
a charge for an indictable offence against a provision of the Drugs Misuse Act 1986, if—
under that Act, proceedings for the charge may be taken summarily; and
the prosecution has elected that proceedings for the charge be taken summarily; or
a charge for a domestic violence offence heard in a domestic violence proceeding within the meaning of the Evidence Act 1977, sections 103B and 103C; or
a charge for an offence prescribed under a regulation for this definition.
sch 1 pt 8 ch 62 ch div 3 ch sdiv B s 590AD def prescribed summary trial sub 2010 No. 26 s 27prosecution means the person in charge of the prosecution or a person appearing for the prosecution.recorded statement see the Evidence Act 1977, section 103A.sch 1 pt 8 ch 62 ch div 3 ch sdiv B s 590AD def recorded statement ins 2022 No. 12 s 15(1)relevant charge means a charge against the accused person in a relevant proceeding, and includes any replacement or further charge arising out of the proceeding or the same, or same set of, circumstances.sch 1 pt 8 ch 62 ch div 3 ch sdiv B s 590AD def relevant charge ins 2022 No. 12 s 15(1)relevant proceeding means—
a committal proceeding; or
a prescribed summary trial; or
a trial on indictment.
sensitive evidence see section 590AF.spent conviction...sch 1 pt 8 ch 62 ch div 3 ch sdiv B s 590AD def spent conviction om 2016 No. 62 s 137statement of a person means—
a statement signed by the person; or
a statement of the person that is potentially admissible under the Evidence Act 1977, section 93A; or
any other representation of fact, whether in words or otherwise, made by the person.
view includes listen to.sch 1 pt 8 ch 62 ch div 3 ch sdiv B s 590AD def view ins 2008 No. 55 s 108 (2) sch 1 pt 8 ch 62 ch div 3 ch sdiv B s 590AD ins 2003 No. 55 s 15
This provision refers to the regulations (a regulation
). Made under this Act:
- Criminal Code (Animal Valuers) Regulation 2014
- Criminal Code (External Agencies) Regulation 2016
- Criminal Code (Government Agencies) Regulation 2026
1 more instrument made under this Act are listed on the Act’s overview.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.