Criminal Code Act 1899

Chapter 58Arrest545AChapter does not apply to police officersThis chapter does not apply to a police officer.sch 1 pt 8 ch 58 s 545A ins 2000 No. 5 s 461 sch 3546Arrest without warrant generallyWhen an offence is such that the offender may be arrested without warrant generally—

it is lawful for any person who is called upon to assist a police officer in the arrest of a person suspected of having committed the offence, and who knows that the person calling upon the person to assist is a police officer, to assist the officer, unless the person knows that there is no reasonable ground for the suspicion; and

it is lawful for any person who finds another committing the offence to arrest the other person without warrant; and

if the offence has been actually committed—it is lawful for any person who believes on reasonable ground that another person has committed the offence to arrest that person without warrant, whether that other person has committed the offence or not; and

it is lawful for any person who finds another by night, under such circumstances as to afford reasonable grounds for believing that the other person is committing the offence, and who does in fact so believe, to arrest the other person without warrant.

sch 1 pt 8 ch 58 s 546 amd 2000 No. 5 s 461 sch 3; 2005 No. 70 s 166 sch547Arrest without warrant in special casesWhere it is provided with respect to an offence that the offender may be arrested without warrant subject to certain conditions, the provisions of section 546 apply to the offence in question, subject to those conditions.547AArrest of persons found committing offences on aircraftIt is lawful for the person in command of an aircraft, on board the aircraft, and for persons acting with the person’s authority to arrest or cause to be arrested without warrant any person whom the person finds committing, or whom on reasonable grounds the person suspects of having committed, or of having attempted to commit, or of being about to commit, an offence on or in relation to or affecting the use of the aircraft and for that purpose to use such force as the person or the person arresting believes, on reasonable grounds, to be necessary and is reasonable under the circumstances.sch 1 pt 8 ch 58 s 547A ins 1964 No. 14 s 17548Arrest of persons found committing offences

It is lawful for a justice to arrest without warrant any person whom the justice finds committing any indictable offence or committing any simple offence with respect to which it is provided that a person found committing it may be arrested without warrant.

When it is provided with respect to an offence that a person found committing the offence may be arrested without warrant generally, it is lawful for any person who finds another committing the offence to arrest the other person without warrant.

When it is provided with respect to an offence that a person found committing the offence may be arrested without warrant by a specified person, or specified persons, it is lawful for any such person who finds another committing the offence to arrest the other person without warrant.sch 1 pt 8 ch 58 s 548 amd 2000 No. 5 s 461 sch 3549Arrest of offender committing indictable offences by nightIt is lawful for any person who finds another person by night committing any indictable offence to arrest the other person without warrant.550Arrest during flightIt is lawful for any person to arrest without warrant any other person whom the person believes, on reasonable grounds, to have committed an offence and to be escaping from, and to be freshly pursued by, some person whom, on reasonable grounds, the person believes to have authority to arrest the other person for that offence.551Arrest of persons offering stolen property for sale etc.It is lawful for any person to whom another offers to sell, pawn, or deliver, any property, and who believes, on reasonable grounds, that the property has been acquired by means of an offence with respect to which it is provided that a person found committing it may be arrested without warrant, to arrest that other person without warrant.552Duty of persons arresting

It is the duty of a person who has arrested another upon a charge of an offence to take the other person forthwith before a justice to be dealt with according to law.

However, it is sufficient for subsection (1) if the person immediately delivers the arrested person into the custody of a police officer.

The police officer may receive the arrested person into custody.

Note—See also section 137 for a relevant offence and the Police Powers and Responsibilities Act 2000, section 393 for the duties of the police officer.sch 1 pt 8 ch 58 s 552 amd 2008 No. 55 s 104 Chapter 58AIndictable offences dealt with summarilysch 1 pt 8 ch 58A hdg ins 1997 No. 3 s 96552ACharges of indictable offences that must be heard and decided summarily on prosecution election

This section applies to a charge before a Magistrates Court of any of the following indictable offences—

an offence against any of the following provisions—

• section 141

• section 142

• section 143

• section 205A

• section 334C, if the defendant has pleaded guilty

• section 340;

any offence involving an assault, if—

the assault is not of a sexual nature or accompanied by an attempt to commit a crime; and

the maximum term of imprisonment for which the defendant is liable is more than 3 years but not more than 5 years; and

the assault is without the circumstance of aggravation stated in section 335(3)(a);

the offence of counselling or procuring the commission of an offence mentioned in paragraph (a) or (b);

the offence of attempting to commit an offence mentioned in paragraph (a);

the offence of becoming an accessory after the fact to an offence mentioned in paragraph (a).

A charge to which this section applies must be heard and decided summarily if the prosecution elects to have the charge heard and decided summarily.

This section is subject to section 552D.sch 1 pt 8 ch 58A s 552A ins 1997 No. 3 s 96 (amd 1997 No. 9 ss 30(1), 3 sch 1)sub 2010 No. 26 s 17amd 2016 No. 62 s 134; 2023 No. 26 s 21; 2024 No. 45 s 134 sch 1; 2024 No. 5 s 21552BCharges of indictable offences that must be heard and decided summarily unless defendant elects for jury trial

This section applies to a charge before a Magistrates Court of any of the following indictable offences—

an offence of a sexual nature without a circumstance of aggravation if—

the complainant was 14 years of age or over at the time of the alleged offence; and

the defendant has pleaded guilty; and

the maximum term of imprisonment for which the defendant is liable is more than 3 years;

an offence against section 339(1);

an offence involving an assault, other than an offence against section 339(1), if—

the assault is—

without a circumstance of aggravation; and

not of a sexual nature; and

the maximum term of imprisonment for which the defendant is liable is more than 3 years but not more than 7 years; and

a charge of the offence is not a charge to which section 552A applies;

an offence against section 60A, 60B, 76 or 77B;

an offence against section 229BB;

an offence against section 316A;

an offence against section 328A(2);

an offence against section 334E if the defendant is liable to the penalty mentioned in section 334E(11);

an offence against section 359E if the maximum term of imprisonment for which the defendant is liable is not more than 5 years;

an offence against section 359F if the defendant is liable to the penalty mentioned in section 359F(11);

an offence against chapter 14, chapter division 2, if the maximum term of imprisonment for which the defendant is liable is more than 3 years;

an offence against chapter 42A;

the offence of counselling or procuring the commission of an offence mentioned in any of paragraphs (a) to (l);

the offence of attempting to commit an offence mentioned in any of paragraphs (a) to (l), unless the offence is a relevant offence under section 552BA(4), definition relevant offence, paragraph (a);

the offence of becoming an accessory after the fact to an offence mentioned in any of paragraphs (a) to (l), unless the offence is a relevant offence under section 552BA(4), definition relevant offence, paragraph (a).

A charge to which this section applies must be heard and decided summarily unless the defendant informs the Magistrates Court that he or she wants to be tried by jury.

This section is subject to section 552D.sch 1 pt 8 ch 58A s 552B ins 1997 No. 3 s 96 (amd 1997 No. 9 ss 30(2)–(4), 3 sch 1)amd 1997 No. 32 s 3 sch; 1998 No. 19 s 23; 1999 No. 66 s 11; 2002 No. 8 s 52; 2003 No. 77 s 46; 2006 No. 45 s 5sub 2010 No. 26 s 17amd 2016 No. 62 s 135; 2020 No. 32 s 26; 2023 No. 1 s 24; 2024 No. 23 s 16; 2024 No. 5 s 22552BA Charges of indictable offences that must be heard and decided summarily

This section applies to a charge before a Magistrates Court of any indictable offence against this Code if the offence is a relevant offence.

A charge to which this section applies must be heard and decided summarily.

This section is subject to section 552D.

In this section—relevant offence means—

an offence against this Code, if the maximum term of imprisonment for which the defendant is liable is not more than 3 years; or

an offence against section 335 alleged to have been committed with the circumstance of aggravation stated in section 335(3)(a); or

an offence against part 6, other than—

an offence mentioned in paragraph (a); or

an offence against chapter 42A; or

an offence that, under section 552BB, is an excluded offence.

sch 1 pt 8 ch 58A s 552BA ins 2010 No. 26 s 17amd 2023 No. 26 s 22(1) ((2) amdt could not be given effect); 2024 No. 45 s 134 sch 1552BB Excluded offences

An offence is an excluded offence if the offence is—

an offence against a provision listed in column 1 of the following table and—

no relevant circumstance is listed for the provision in column 3; or

both of the following apply—

1 or more relevant circumstances are listed for the provision in column 3;

at least 1 of the relevant circumstances, or the relevant circumstance if only 1 relevant circumstance is listed, applies in relation to the offence; or

the offence of—

counselling or procuring the commission of an offence that is an excluded offence under paragraph (a); or

attempting to commit an offence that is an excluded offence under paragraph (a), unless the offence is a relevant offence under section 552BA(4), definition relevant offence, paragraph (a); or

becoming an accessory after the fact to an offence that is an excluded offence under paragraph (a), unless the offence is a relevant offence under section 552BA(4), definition relevant offence, paragraph (a).

Column 2 of the following table gives the headings of the provisions mentioned in column 1, and is for information only.

In this section—prescribed value means $30,000.

sch 1 pt 8 ch 58A s 552BB ins 2010 No. 26 s 17amd 2020 No. 15 s 51; 2023 No. 3 s 9; 2023 No. 32 s 141 sch 1 pt 2; 2024 No. 45 s 134 sch 1; 2026 No. 4 s 14552CConstitution of Magistrates Court

A Magistrates Court that summarily deals with an indictable offence under this chapter must be constituted by—

a magistrate; or

justices appointed under subsection (3) for the place at which the Magistrates Court is being held.

Jurisdiction of the justices mentioned in subsection (1)(b) is limited to an offence—

that is dealt with on a plea of guilty; and

that the justices consider they may adequately punish by the imposition of a penalty not more than the maximum penalty they may impose under section 552H; and

for an offence involving property—that involves property, or property damage or destruction, of a value not more than $2,500.

For subsection (1)(b), the Attorney-General may by gazette notice appoint a justice for a place specified in the gazette notice.

A justice appointed under subsection (3) must be a justice of the peace (magistrates court) who the Attorney-General is satisfied has appropriate qualifications.

A gazette notice may only specify a place appointed for holding a Magistrates Court—

that is within a local government area of an indigenous local government under the Local Government Act 2009; or

that the Attorney-General considers is remote.

The Justices of the Peace and Commissioners for Declarations Act 1991, section 29(4)(a) is subject to subsections (1) to (3).sch 1 pt 8 ch 58A s 552C ins 1997 No. 3 s 96 (amd 1997 No. 9 s 3 sch 1)sub 1997 No. 32 s 4amd 2004 No. 37 s 86 sch 1; 2007 No. 59 s 70; 2009 No. 17 s 331 sch 1552DWhen Magistrates Court must abstain from jurisdiction

A Magistrates Court must abstain from dealing summarily with a charge under section 552A, 552B or 552BA if satisfied, at any stage, and after hearing any submissions by the prosecution and defence, that because of the nature or seriousness of the offence or any other relevant consideration the defendant, if convicted, may not be adequately punished on summary conviction.

A Magistrates Court must abstain from dealing summarily with a charge under section 552BA if—

the charge has been laid against the defendant as an alternative to a charge for another offence (the main offence); and

the main offence is an indictable offence that is not required to be heard and decided summarily under this chapter.

A Magistrates Court must abstain from dealing summarily with a charge under section 552BA if satisfied, on an application made by the defence, that because of exceptional circumstances the charge should not be heard and decided summarily.Examples of exceptional circumstances—

1 There is sufficient connection between the offence the subject of the charge, and other offences allegedly committed by the defendant and to be tried on indictment, to allow all the offences to be tried together.

2 There is an important issue of law involved.

3 An issue of general community importance or public interest is involved, or the holding of a trial by jury is justified in order to establish contemporary community standards.

A Magistrates Court must abstain from dealing summarily with a charge of a prescribed offence if the defendant is alleged to have committed the offence with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q.

If the court abstains from jurisdiction, the proceeding for the charge must be conducted as a committal proceeding.

In this section—prescribed offence see the Penalties and Sentences Act 1992, section 161N.sch 1 pt 8 ch 58A s 552D ins 1997 No. 3 s 96amd 1997 No. 32 s 3 sch; 2010 No. 26 s 18; 2013 No. 45 s 48; 2016 No. 62 s 136; 2020 No. 15 s 52552ECharge may be heard and decided where defendant arrested or servedWithout limiting the places a charge may be heard summarily under section 552A, 552B or 552BA, the charge may also be heard and decided at a place appointed for holding magistrates courts within the district in which the accused person was arrested on the charge or served with the summons for the charge under the Justices Act 1886.sch 1 pt 8 ch 58A s 552E ins 1997 No. 3 s 96 (amd 1997 No. 9 s 3 sch 1)amd 2010 No. 26 s 19552FTime for prosecutionIf a Magistrates Court hears and decides a charge summarily under section 552A, 552B or 552BA, the Magistrates Court has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.sch 1 pt 8 ch 58A s 552F ins 1997 No. 3 s 96 (amd 1997 No. 9 s 3 sch 1)amd 1997 No. 32 s 3 sch; 2010 No. 26 s 20552GValue of property affecting jurisdiction to be decided by Magistrates CourtFor section 552BB, the value of property or of damage to property is the value as decided by the Magistrates Court.sch 1 pt 8 ch 58A s 552G ins 1997 No. 3 s 96 (amd 1997 No. 9 s 3 sch 1)amd 1997 No. 32 s 3 sch; 2010 No. 26 s 21552HMaximum penalty for indictable offences dealt with summarily

A person is liable on summary conviction under section 552A, 552B or 552BA to a maximum penalty of—

if the Magistrates Court is a court constituted by a magistrate imposing a drug and alcohol treatment order under the Penalties and Sentences Act 1992, part 8A—100 penalty units or 4 years imprisonment; or

if the Magistrates Court is constituted by a magistrate other than a magistrate mentioned in paragraph (a)—100 penalty units or 3 years imprisonment; or

if the Magistrates Court is constituted by justices under section 552C(1)(b)—100 penalty units or 6 months imprisonment.

However, in no case may the person be punished more than if the offence had been dealt with on indictment.sch 1 pt 8 ch 58A s 552H ins 1997 No. 3 s 96sub 1997 No. 32 s 5amd 2006 No. 8 s 71; 2010 No. 26 s 22; 2013 No. 29 s 59I; 2017 No. 41 s 5552IProcedure under s 552B

This section applies to any charge for an offence to which section 552B applies.

If the defendant is not legally represented, the Magistrates Court is required—

to state the substance of the charge to the defendant; and

to explain to the defendant that he or she is entitled to be tried by a jury and is not obliged to make any defence; and

to ask the defendant whether he or she wants the charge to be dealt with summarily.

Whether or not the defendant is legally represented, unless the defendant informs the Magistrates Court that he or she wants to be tried by a jury, the Magistrates Court must ask whether the defendant is guilty or not guilty of the offence.

If the defendant is legally represented and there is more than 1 charge before the Magistrates Court, a plea to any number of the charges may, with the consent of the defendant, be taken at the same time on the basis that the plea to 1 charge will be treated as a plea to any number of the charges if the court is satisfied—

the defendant has obtained legal advice in relation to each of the charges; and

the defendant is aware of the substance of each of the charges.

If the Magistrates Court takes a plea under subsection (4), the court is not required to state the substance of any charge before the court to the defendant.

If the defendant says ‘guilty’ the Magistrates Court must convict.

If the defendant says ‘not guilty’ the Magistrates Court must hear the defence.

After the defendant enters a plea, the Magistrates Court must then deal with the charge summarily.

Unless a defendant’s criminal history is admissible in evidence, the Magistrates Court must not have any regard to the defendant’s criminal history—

before receiving a plea of guilty or making any decision of guilt; or

for deciding whether the defendant may be adequately punished on summary conviction.

sch 1 pt 8 ch 58A s 552I ins 1997 No. 3 s 96 (amd 1997 No. 9 s 3 sch 1)amd 1997 No. 32 s 3 sch; 2017 No. 6 s 11552JAppeals against decision to decide charge summarily

This section applies if a person is summarily convicted or sentenced under section 552A, 552B or 552BA.

The grounds on which the person may appeal include that the Magistrates Court erred by deciding the conviction or sentence summarily.

The grounds on which the Attorney-General may appeal against sentence include that the Magistrates Court erred by deciding the sentence summarily.

On an appeal against sentence relying on a ground that the Magistrates Court erred by proceeding summarily, the court deciding the appeal may, if it decides to vary the sentence, impose the sentence the court considers appropriate up to the maximum sentence that could have been imposed if the matter had been dealt with on indictment.sch 1 pt 8 ch 58A s 552J ins 1997 No. 3 s 96amd 1997 No. 32 s 3 sch; 2010 No. 26 s 23 Chapter 59Jurisdiction—preliminary proceedings—bail553JurisdictionThe jurisdiction of courts of justice with respect to the trial of offenders is set forth in the laws relating to the constitution and jurisdiction of those courts respectively.554Preliminary proceedings on charges of indictable offencesThe practice and procedure relating to the examination and committal for trial of persons charged with indictable offences are set forth in the laws relating to justices of the peace, their powers and authorities.555sch 1 pt 8 ch 59 s 555 amd 1964 No. 14 s 18om 1980 No. 35 s 4 (1) sch 1555Asch 1 pt 8 ch 59 s 555A ins 1975 No. 27 s 20om 1980 No. 35 s 4 (1) sch 1556sch 1 pt 8 ch 59 s 556 amd 1961 10 Eliz 2 No. 11 s 27om 1997 No. 3 s 120 sch 1557Place of trial

A person charged with committing an offence may be tried in any jurisdiction within which any act or omission or event which is an element of the offence takes place.

A person charged with stealing any property may also be tried in any jurisdiction within which the person has the stolen property in the person’s possession.

A person charged with stealing anything while employed in the public service may also be tried in any jurisdiction within which the person is arrested or is in custody.

A person charged with an offence which involves the receiving of any property by the person may also be tried in any jurisdiction within which the person has the property in the person’s possession.

A person charged with forging anything, or with uttering any false document or writing or anything counterfeit, may also be tried in any jurisdiction within which the person is arrested or is in custody.

A person who is charged with counselling or procuring the commission of an offence, or with becoming an accessory after the fact to an offence, may also be tried in any jurisdiction within which the principal offender might be tried.

A person who is charged with an offence committed out of Queensland, and who may lawfully be tried in Queensland, may be tried in any jurisdiction within which the person is arrested or is in custody.

If a person is charged with committing an offence for which the person may lawfully be tried in Queensland and it is uncertain where the offence was committed, the person may be tried in any jurisdiction within which the person is arrested or is in custody.

A person charged with committing an offence can be tried with the person’s consent in any jurisdiction.sch 1 pt 8 ch 59 s 557 amd 1956 5 Eliz 2 No. 5 s 4; 1989 No. 17 s 48558Persons brought before wrong court

If on the trial of a person charged with any offence before any court it appears that the person is not properly triable before that court under any of the provisions of section 557, the person is not by reason thereof entitled to be acquitted, but the court may, at the request of the accused person, discharge the jury from giving a verdict, and direct that the person be tried before some proper court, and may remand the person for trial accordingly.

If the person does not make such request, the trial is to proceed, and the verdict and judgment have the same effect in all respects as if the court had originally had jurisdiction to try the accused person.

This section does not affect the right of an accused person to plead to the jurisdiction of a court.559Change of place of trial

When a person has been committed for trial for an indictable offence at a court held at any place, whether the person has been granted bail or not, the Supreme Court or a judge thereof may, on the application of the Crown or of the accused person, and upon good cause shown order that the trial shall be held at some other place, either before the same court or before some other court of competent jurisdiction, at a time to be named in the order.

When an indictment has been presented against any person in the Supreme Court, the court may, on the application of the Crown or the accused person, order that the trial shall be held at some place other than that named in the margin of the indictment and at a time to be named in the order.

An application for a change of the place of trial for an indictable offence shall be granted if based upon the facts—

that the accused person has been committed for trial for another indictable offence at a court held at any other place or that an indictment has been presented to a court held at any other place charging the accused person with another offence; and

that the charge for the offence in respect of which the application is made and the charge for the offence referred to in paragraph (a) could have been joined in the same indictment, had the offences been committed at the same place;

unless good cause is shown for not granting the application.

When an order is made under the provisions of this section, the consequences are the same in all respects, and with regard to all persons, as if the accused person had been committed for trial at the place named in the order and at the sittings named therein; and, if the person has been granted bail, the undertakings as to bail are to be deemed to be enlarged to that time and place accordingly.sch 1 pt 8 ch 59 s 559 amd 1977 No. 13 s 16; 1980 No. 35 s 4 (1) sch 1; 1989 No. 17 s 49; 2008 No. 59 s 26; 2011 No. 45 s 113 Chapter 60Indictments559ADefinition for ch 60In this chapter—DPP presenter means a person, other than a Crown prosecutor, appointed or employed in, or engaged by, the Office of the Director of Public Prosecutions who is authorised in writing by the director of public prosecutions to present an indictment for the director.sch 1 pt 8 ch 60 s 559A ins 2002 No. 68 s 303560Presenting indictments

When a person charged with an indictable offence has been committed for trial and it is intended to put the person on trial for the offence, the charge is to be reduced to writing in a document which is called an indictment.

The indictment is to be signed and presented to the court by a Crown Law Officer, a Crown prosecutor or some other person appointed in that behalf by the Governor in Council.

If a person has been committed for trial for an indictable offence that may be tried in the District Court, a Crown Law Officer or a Crown prosecutor may present the indictment to either the Supreme Court or District Court.

In deciding the court to which the indictment is to be presented, the Crown Law Officer or Crown prosecutor must have regard to—

the complexity of the case; and

the seriousness of the alleged offence; and

any particular importance attaching to the case; and

any other relevant consideration.

Also, if an indictment is signed by a person authorised to sign the indictment under this section, a DPP presenter may present the indictment to the court stated in the indictment.sch 1 pt 8 ch 60 s 560 amd 1997 No. 3 s 97; 1999 No. 19 s 3 sch; 2002 No. 68 s 304560APlace where indictment is presented

An indictment may be presented to the court at the place of trial named in the margin of the indictment (the place of trial) or at another place.

If an indictment is presented to the court at a place other than the place of trial—

the indictment is taken to have been presented to the court at the place of trial; and

anything that may be done by, or in relation to, the court at the place of trial may also be done by, or in relation to, the court at the other place; andExample—An application under section 590AA may be made to, and dealt with by, the court at the other place or at the place of trial.

as soon as practicable after the indictment is presented, the proper officer of the court at the other place must transfer the indictment to the court at the place of trial.

sch 1 pt 8 ch 60 s 560A ins 2003 No. 55 s 13561Ex officio indictments

A Crown Law Officer may sign and present an indictment in any court of criminal jurisdiction against any person for any indictable offence, whether the accused person has been committed for trial or not.

A Crown prosecutor or a person appointed by the Governor in Council to sign and present indictments in any court of criminal jurisdiction may sign and present an indictment in that court against any person for any indictable offence within the jurisdiction of the court, whether the accused person has been committed for trial or not and against any person for an indictable offence who with the person’s prior consent has been committed for trial or for sentence for an offence before that court.

Also, if an indictment is signed by a person authorised to sign the indictment under this section, a DPP presenter may present the indictment to the court stated in the indictment.sch 1 pt 8 ch 60 s 561 amd 1956 5 Eliz 2 No. 5 s 5; 2002 No. 68 s 305562Arrest of person charged in ex officio indictmentWhen an indictment has been presented against a person who is not in custody, and has not been committed for trial or held to bail to attend to be tried upon the charge set forth in the indictment, or who does not appear to be tried upon the charge set forth in the indictment, a judge of the court in which the indictment is presented may issue a warrant under the judge’s hand to arrest the accused person and bring the person before a justice of the peace; and the justice before whom the person is brought may commit the person to prison until the person can be tried on the indictment, or may, in a proper case, grant bail.sch 1 pt 8 ch 60 s 562 amd 1900 64 Vic No. 7 s 1 sch; 1980 No. 35 s 4 (1) sch 1; 2002 No. 68 s 306563Nolle prosequi

A Crown Law Officer may inform any court, by writing under the officer’s hand, that the Crown will not further proceed upon any indictment, or in relation to any charge contained in any indictment, then pending in the court.

A Crown prosecutor or a person appointed by the Governor in Council to present indictments in any court of criminal jurisdiction may inform that court, by signed writing, that the Crown will not further proceed upon any indictment, or in relation to any charge contained in any indictment, then pending in that court.

When such information is given to the court the accused person is to be discharged from any further proceedings upon that indictment or charge.sch 1 pt 8 ch 60 s 563 amd 1997 No. 3 s 98; 2002 No. 68 s 307564Form of indictment

An indictment is to be intituled with the name of the court in which it is presented, and must, subject to the provisions hereinafter contained, set forth the offence with which the accused person is charged in such a manner, and with such particulars as to the alleged time and place of committing the offence, and as to the person (if any) alleged to be aggrieved, and as to the property (if any) in question, as may be necessary to inform the accused person of the nature of the charge.

If any circumstance of aggravation is intended to be relied upon, it must be charged in the indictment.

Despite subsection (2), a relevant circumstance of aggravation may be relied on for the purposes of sentencing an offender for the offence charged in the indictment despite the relevant circumstance of aggravation not being charged in the indictment for the offence.

It is sufficient to describe an offence in the words of this Code or of the statute defining it.

An indictment for an offence may also state the offence is—

a domestic violence offence; or

a domestic violence offence committed against a child; or

a domestic violence offence that exposed a child to domestic violence.

Note—See the Penalties and Sentences Act 1992, section 12A for when a conviction for the offence must also be recorded as a conviction for, or entered in the offender’s criminal history as, a relevant domestic violence offence.

An indictment for an offence committed in relation to a pregnant person that allegedly resulted in destroying the life of the person’s unborn child may also state the name, or a description, of the unborn child.

The place of trial is to be named in the margin of the indictment.

In this section—relevant circumstance of aggravation means a circumstance of aggravation that is a previous conviction of the offender.sch 1 pt 8 ch 60 s 564 amd 2014 No. 39 s 33; 2015 No. 17 s 4; 2017 No. 17 s 258 sch 1; 2023 No. 23 s 50; 2024 No. 5 s 24565General rules applicable to indictmentsThe following rules are applicable to all indictments—

any document or other thing may be described by any name or designation by which it is usually known, and any document may be described by its purport without setting out a copy or facsimile of the whole or any part of it;

a trademark may be described by that name, and any other mark may be described in any way which will indicate its nature, without setting out a copy or facsimile of it;

it is not necessary to set forth the value of anything mentioned in an indictment unless the value is an essential element of the offence;

it is not necessary to set forth the means or instrument by which any act is done, unless the means or instrument are an essential element of the offence;

it is not necessary to set forth any particulars as to any person or thing which need not be proved, nor any other matter which need not be proved.

566Particular indictments

In an indictment for an offence relating to giving information or a document that a person knows is false or misleading, it is enough to state the information or document was ‘false or misleading’ to the person’s knowledge, without specifying whether it was false or whether it was misleading.

In an indictment for an offence which relates to taking or administering an oath or engagement, or to giving false testimony or to making a false statement on solemn declaration or otherwise, or to procuring the giving of false testimony or the making of a false statement, it is not necessary to set forth the words of the oath or engagement or testimony or statement, but it is sufficient to set forth the purport thereof, or so much of the purport as is material.

In an indictment for an offence which relates to giving false testimony, or procuring or attempting to procure the giving of false testimony, it is not necessary to allege the jurisdiction of the court or tribunal before which the false testimony was given, or intended or proposed to be given.

In an indictment in which it is necessary to mention money, such money may be described simply as money, without specifying any particular form of money.

Such an averment, so far as regards the description of the property, will be sustained by proof that the offender obtained or dealt with anything which is included in the term ‘money’, or any portion of the value, in such a manner as to constitute the offence, although the thing was delivered to the offender in order that some part of the value thereof should be returned to the person who delivered the same or to some other person, and has been returned accordingly.

In an indictment in which it is necessary to mention any co-owners of property it is sufficient to name 1 of such persons, adding the words ‘and another’ or ‘and others’, as the case may be, and to state that the property belonged to the person so named and another or others, as the case may be.

In an indictment against a man for an offence committed by him with respect to his wife’s separate property, the property may be alleged to be the property of the wife.

In an indictment for an offence relating to any property of a company which is authorised to sue and be sued in the name of a public officer, the property may be alleged to be the property of the public officer.

In an indictment for an offence relating to any property which by any statute is to be deemed to be the property of any officer of any institution, the property in question may be alleged to be the property of the officer of the institution for the time being by the officer’s name of office.

In an indictment for an offence relating to a testamentary instrument, it is not necessary to allege that the instrument is the property of any person.

In an indictment for an offence relating to anything fixed in a square, street or cemetery or at a crematorium, or in a place dedicated to public use or ornament, or to anything in or taken from a public office, it is not necessary to allege that the thing in respect of which the offence is committed is the property of any person.

In an indictment for an offence relating to a document which is evidence of title to land or an estate in land, the document may be described as being evidence of the title of the person or some 1 of the persons having an estate in the land to which the document relates, the land or some part thereof being described in some manner sufficient to identify it.

In an indictment for stealing a chattel or fixture let to the offender, the chattel or fixture may be described as the property of the person who actually let it to hire.

In an indictment against a person employed in the public service for an offence committed with respect to anything which came into the person’s possession by virtue of the person’s employment, the thing in question may be described as the property of the Sovereign.

In an indictment for an offence respecting any property (whether within the meaning of section 1 or section 408C), if it is uncertain to which of 2 or more persons the property belonged at the time when the offence was committed, the property may be described as being the property of one or other of such persons, naming each of them, but without specifying which of them; and the indictment will be sustained, so far as regards the allegation of ownership, upon proof that at the time when the offence was committed the property belonged to one or other of such persons without ascertaining which of them.

In an indictment for the offence of obtaining or inducing the delivery of anything dishonestly, or of attempting to commit, or to procure the commission of, any such offence, it is not necessary to mention the owner of the property in question.

In an indictment for an offence which involves any fraud or fraudulent pretence, it is not necessary to set forth the details of the fraud or pretence or trick or device.sch 1 pt 8 ch 60 s 566 amd 1979 No. 2 s 6; 1997 No. 3 s 99; 2008 No. 55 s 105; 2011 No. 7 s 9; 2024 No. 6 s 36 sch 1567Joinder of charges

Except as otherwise expressly provided, an indictment must charge 1 offence only and not 2 or more offences.

Charges for more than 1 indictable offence may be joined in the same indictment against the same person if those charges are founded on the same facts or are, or form part of, a series of offences of the same or similar character or a series of offences committed in the prosecution of a single purpose.

Where more than 1 offence is charged in the same indictment, each offence charged shall be set out in the indictment in a separate paragraph called a count and the several statements of the offences may be made in the same form as in other cases without any allegation of connection between the offences.

Counts shall be numbered consecutively.sch 1 pt 8 ch 60 s 567 amd 1971 No. 41 s 7sub 1976 No. 25 s 13568Cases in which several charges may be joined

In an indictment against a person for stealing property the person may be charged and proceeded against on 1 charge even though—

the property belongs to the same person or to different persons; or

the property was stolen over a space of time; or

different acts of stealing took place at different times, whether or not the different acts can be identified.

In an indictment against a trustee to whom the Trust Accounts Act 1973 applies, for stealing money, the trustee may be charged and proceeded against for the amount of a general deficiency notwithstanding that such general deficiency is made up of any number of specific sums of money, such sums being the property of different persons, the taking, destruction or conversion of which extended over any space of time.

For subsection (2), the reference to a trustee to whom the Trust Accounts Act 1973 applies includes a legal practitioner associate of a law practice, within the meaning of the Legal Profession Act 2007, if part 3.3 of the Legal Profession Act 2007 applies to the law practice.

In an indictment against a person for fraud the person may be charged and proceeded against on 1 charge even though—

any number of specific frauds of the same type has been committed, whether or not each specific act of fraud can be identified; or

the frauds have extended over any space of time; or

property applied belongs to different persons, and has come into the possession or control of the accused person at different times and subject to different trusts, directions, conditions, or duties to account; or

the property, benefit, detriment or inducement belongs to or is caused to different persons.

In an indictment against a person for receiving property the person may be charged and proceeded against on 1 charge even though—

the property belongs to different persons; or

the property was received over a space of time; or

different acts of receiving took place at different times, whether or not the different acts can be identified.

In an indictment against a person for forgery or uttering the person may be charged and proceeded against on 1 charge even though—

any number of separate forgeries or utterings has been committed, whether or not the separate acts of forgery or uttering can be identified; or

the forgeries or utterings have extended over any space of time; or

there was an intent to defraud one or more than one person.

In an indictment against a person for obtaining or dealing with identification information under section 408D, the person may be charged and proceeded against on 1 charge even though—

the identification information relates to different entities; or

the identification information was obtained or dealt with over a space of time; or

different acts of obtaining or dealing with the identification information took place at different times, whether or not the different acts can be identified.

Any 2 or all of the following charges may be joined in the same indictment (a subsection (6) indictment)—

entering or being in a dwelling or premises and stealing property in the dwelling or premises;

stealing all or part of property the subject of the indictment;

receiving all or part of property the subject of the indictment having reason to believe the property is stolen.

If a subsection (6) indictment is preferred against a person, the person may, according to the evidence, be convicted of the offence mentioned in subsection (6)(a), the offence mentioned in subsection (6)(b) or the offence mentioned in subsection (6)(c).

If a subsection (6) indictment is preferred against 2 or more persons—

all or any of them may, according to the evidence, be convicted of the offence mentioned in subsection (6)(a), the offence mentioned in subsection (6)(b) or the offence mentioned in subsection (6)(c); or

1 or more of them may, according to the evidence, be convicted of 1 of the offences and the other or others of them may be convicted of another of the offences, or of 1 or the other of the other offences.

However, if the jury finds specially—

that a person charged on a subsection (6) indictment—

entered or was in a dwelling or premises and stole property in the dwelling or premises; or

stole all or part of property the subject of the indictment; or

received all or part of property the subject of the indictment having reason to believe the property to have been stolen; or

that a person charged on a subsection (6) indictment committed 1 of any 2 of the offences mentioned in paragraph (a);

but can not say which of the offences (the alternative offences) was committed by the person, the trial judge must enter a conviction against the person for 1 of the alternative offences in accordance with subsection (10).

For subsection (9), the trial judge must enter a conviction for the following offence—

if the same maximum penalty is provided for the alternative offences, the alternative offence decided by the trial judge;

if a particular maximum penalty is provided for 1 of the alternative offences and the same lower maximum penalty is provided for the other alternative offences, 1 of the other alternative offences decided by the trial judge;

otherwise, the alternative offence for which the lowest or lower maximum penalty is provided.

In an indictment against a person for an offence against section 228A, 228B, 228C or 228D, the person may be charged and proceeded against on 1 charge for the offence even though—

any number of separate acts constituting the offence have been committed, whether or not the separate acts constituting the offence can be identified; or

the separate acts constituting the offence have extended over any space of time; or

different acts constituting the offence took place at different times, whether or not the different acts can be identified.

Any number of persons charged with committing or with procuring the commission of the same offence, although at different times, or of being accessories after the fact to the same offence, although at different times, and any number of persons charged with receiving, although at different times, any property which has been obtained by means of a crime or misdemeanour, or by means of an act which if it had been done in Queensland would be a crime or misdemeanour and which is an offence under the laws in force in the place where it was done, or any part of any property so obtained, may be charged with substantive offences in the same indictment, and may be tried together notwithstanding that the principal offender or the person who so obtained the property is not included in the same indictment, or is not amenable to justice.

Any number of persons charged with committing different or separate offences arising substantially out of the same facts or out of closely related facts so that a substantial part of the facts is relevant to all the charges may be charged in the same indictment and tried together.sch 1 pt 8 ch 60 s 568 amd 1945 9 Geo 6 No. 11 s 11; 1961 10 Eliz 2 No. 11 s 28; 1964 No. 14 s 19; 1976 No. 25 s 14; 1979 No. 2 s 7; 1986 No. 1 s 79; 1997 No. 3 s 100; 1997 No. 82 s 3 sch; 2002 No. 23 s 29; 2007 No. 24 s 770 sch 1; 2008 No. 55 s 106; 2010 No. 2 s 89 sch 1; 2011 No. 7 s 10; 2013 No. 14 s 26569AccessoriesA person who counsels or procures another person to commit an offence, or who aids another person in committing an offence, or who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence, or who becomes an accessory after the fact to an offence, may be charged in the same indictment with the principal offender, and may be tried with the principal offender or separately, or may be indicted and tried separately, whether the principal offender has or has not been convicted, or is or is not amenable to justice.sch 1 pt 8 ch 60 s 569 amd 1997 No. 3 s 101570Statement of previous convictionIn an indictment for an offence charged to have been committed after a conviction for any offence, it is sufficient, after charging the subsequent offence, to state the substance and effect of the indictment or complaint, and the conviction, for the previous offence, and the time and place of such conviction.571Formal defects

An indictment is not open to objection by reason of the designation of any person by a name of office or other descriptive appellation instead of by the person’s proper name, nor for omitting to state the time at which the offence was committed, unless the time is an essential element of the offence, nor for stating imperfectly the time at which the offence was committed, nor for stating the offence to have been committed on an impossible day, or on a day that never happened or has not yet happened.

An objection to an indictment for a formal defect apparent on its face must be taken by motion to quash the indictment before the jury is sworn, and not afterwards.572Amendment of indictments

If, on the trial of a person charged with an indictable offence, there appears to be a variance between the indictment and the evidence, or it appears that any words that ought to have been inserted in the indictment have been omitted, or any count that ought to have been included in the indictment has been omitted, or that any words that ought to have been omitted have been inserted, the court may, if it considers that the variance, omission, or insertion, is not material to the merits of the case, and that the accused person will not be prejudiced thereby in the person’s defence on the merits, order the indictment to be amended, so far as it is necessary, on such terms (if any) as to postponing the trial, and directing it to be had before the same jury or another jury, as the court may think reasonable.

Subsection (1B) applies if the court considers the offence charged in the indictment is also 1 of the following offences (each a relevant domestic violence offence)—

a domestic violence offence;

a domestic violence offence committed against a child;

a domestic violence offence that exposed a child to domestic violence.

Without limiting subsection (1), the court may order that the indictment be amended to also state the offence is a relevant domestic violence offence.

The indictment is thereupon to be amended in accordance with the order of the court.

If the court is satisfied no injustice will be done by amending the indictment, the court may make the order at any time before, or at any stage of, the trial on the indictment, or after verdict.

When an indictment has been amended, the trial is to proceed, at the appointed time, upon the amended indictment, and the same consequences ensue, in all respects and as to all persons, as if the indictment had been originally in its amended form.

If it becomes necessary to draw up a formal record in any case in which an amendment has been made, the record is to be drawn up setting out the indictment as amended, and without taking any notice of the fact of the amendment having been made.sch 1 pt 8 ch 60 s 572 amd 1997 No. 3 s 102; 2015 No. 17 s 5; 2024 No. 5 s 25573ParticularsThe court may, in any case, if it thinks fit, direct particulars to be delivered to the accused person of any matter alleged in the indictment, and may adjourn the trial for the purpose of such delivery.574Summary convictionsThe provisions of this chapter relating to indictments apply to complaints preferred against offenders upon their trial before justices in order to their summary conviction of an indictable offence. Chapter 61Effect of indictment575Offences involving circumstances of aggravationExcept as hereinafter stated, upon an indictment charging a person with an offence committed with circumstances of aggravation, the person may be convicted of any offence which is established by the evidence, and which is constituted by any act or omission which is an element of the offence charged, with or without any of the circumstances of aggravation charged in the indictment.575AEvidence at murder trial

This section applies in relation to the trial of a person charged with murder under a paragraph of section 302(1).

The person may be convicted of murder if the evidence at the trial establishes that the person is guilty of murder under any other paragraph of section 302(1).sch 1 pt 8 ch 61 s 575A ins 2019 No. 15 s 5576Indictment containing count of murder or manslaughter

Upon an indictment against a person containing a count of the crime of murder, the person may be convicted on that count of the crime of manslaughter if that crime is established by the evidence but not on that count of any other offence than that with which the person is charged except as otherwise expressly provided.

Upon an indictment against a person containing a count of the crime of manslaughter the person can not on that count be convicted of any other offence except as otherwise expressly provided.sch 1 pt 8 ch 61 s 576 amd 1971 No. 41 s 7sub 1976 No. 25 s 15577Charge of homicide of childHowever, upon an indictment charging a person with the murder of any person, or with unlawfully killing any person, if upon the evidence it appears that the person alleged to have been killed was a child of which a female had recently been delivered, the accused person may be convicted of an offence defined in section 313 or 314, if any offence under either of those sections is established by the evidence.sch 1 pt 8 ch 61 s 577 amd 1971 No. 41 s 7; 1997 No. 3 s 103578Charge of offence of a sexual nature

Upon an indictment charging a person with the crime of rape, the person may be convicted of any offence, if established by the evidence, defined in section 210(1), 210A, 215, 216, 217(1), 218, 222 or 352.

Upon an indictment charging a person with engaging in unlawful penile intercourse with a child under the age of 16 years, the person may be convicted of any offence, if established by the evidence, defined in section 210(1), 217 or 218.

Upon an indictment charging a person with unlawfully and indecently assaulting another, the person may be convicted of any offence, if established by the evidence, defined in section 210(1) or 210A.

Upon an indictment charging a person with incest or an attempt to commit incest, the person may be convicted of any offence, if established by the evidence, defined in section 210(1), 210A, 215, 216, 217, 218, 349, 350 or 352.

A person convicted of any offence pursuant to this section may be convicted of that offence with any circumstance of aggravation established by the evidence.sch 1 pt 8 ch 61 s 578 amd 1913 4 Geo 5 No. 25 s 2(v); 1976 No. 25 s 19 schsub 1989 No. 17 s 50amd 1997 No. 3 s 104; 2000 No. 43 s 28; 2008 No. 55 s 107; 2016 No. 50 s 10; 2023 No. 1 s 25; 2024 No. 48 s 10579Charge of specific injury—charge of injury with specific intent

Upon an indictment charging a person with an offence of which the causing of some specific result is an element, the person may be convicted of any offence which is established by the evidence, and of which an intent to cause that result, or a result of a similar but less injurious nature, is an element.

Upon an indictment charging a person with an offence of which an intent to cause some specific result is an element, the person may be convicted of any offence which is established by the evidence and of which the unlawful causing of that result is an element.580Charge of injury to propertyUpon an indictment charging a person with an offence of which destruction of property, or wilfully and unlawfully doing any specific damage to property, is an element, the person may be convicted of wilfully and unlawfully damaging the property, or of wilfully and unlawfully damaging the property in any lesser degree, if either of such offences is established by the evidence.581Offences of dishonestyUpon an indictment charging a person with any of the offences following, that is to say—

stealing, with or without a circumstance of aggravation;

fraud, with or without a circumstance of aggravation;

obtaining from any other person any chattel, money or valuable security by passing a cheque that is not paid on presentation for payment;

unlawful use or possession of a vehicle, with or without a circumstance of aggravation;

unlawfully receiving anything under section 433;

counselling or procuring any other person to commit any of such offences;

the person may be convicted of any other of such offences committed with respect to the same property, if such other offence is established by the evidence.sch 1 pt 8 ch 61 s 581 amd 1979 No. 2 s 8; 1986 No. 1 s 80; 1997 No. 3 s 105582Charge of procuring commission of offence or wrongful act

Upon an indictment charging a person with procuring the commission of any offence, the person may be convicted of procuring the commission of any other offence of such a nature that a person may be convicted of it upon an indictment charging the person with committing the offence of which the accused person is alleged to have procured the commission.

Upon an indictment charging a person with procuring another to do an act or make an omission of such a nature that if the accused person had done the act or made the omission, the person would have been guilty of an offence, the person may be convicted of procuring that other person to do any other act or make any other omission which is established by the evidence, and which is of such a nature that if the accused person had done that act or made that omission the person would have been guilty of an offence, such last-named offence being itself of such a nature that a person may be convicted of it upon an indictment charging the person with committing the offence of which the accused person would have been guilty if the person had done the act or made the omission which the person is alleged to have procured to be done or made.583Conviction for attempt to commit offence

Upon an indictment charging a person with committing any offence, the person may be convicted of attempting to commit that offence, or of attempting to commit any other offence of which the person might be convicted upon the indictment.

Upon an indictment charging a person with procuring the commission of any offence, the person may be convicted of attempting to procure the commission of that offence, or of attempting to procure the commission of any other offence of such a nature that a person may be convicted of it upon an indictment charging the person with committing the offence of which the accused person is alleged to have procured the commission.

Upon an indictment charging a person with attempting to commit any offence, the person may be convicted of attempting to commit any other offence of such a nature that a person may be convicted of it upon an indictment charging the person with committing the offence which the accused person is alleged to have attempted to commit.

Upon an indictment charging a person with attempting to procure the commission of any offence, the person may be convicted of attempting to procure the commission of any other offence of such a nature that a person may be convicted of it upon an indictment charging the person with committing the offence of which the accused person is alleged to have attempted to procure the commission.

Upon an indictment charging a person with attempting to procure another to do an act or make an omission of such a nature that if the act had been done or the omission had been made, an offence would thereby have been committed the person may be convicted of attempting to procure that other person to do any other act or make any other omission of such a nature that if the act had been done or the omission had been made an offence would thereby have been committed, such last mentioned offence being itself of such a nature that a person may be convicted of it upon an indictment charging the person with doing the act or making the omission which the accused person is alleged in the indictment to have attempted to procure that other person to do or make.584When evidence shows offence of similar nature

If, on the trial of a person charged with any indictable offence, the evidence establishes that the person is guilty of another indictable offence of such a nature that upon an indictment charging the person with it the person might have been convicted of the offence with which the person is actually charged, the person may be convicted of the offence with which the person is so charged.

A person so tried is not liable to be afterwards prosecuted for the offence so established by the evidence, unless the court before which the trial is had thinks fit to discharge the jury from giving any verdict, and to direct the accused person to be indicted for that offence; in which case the person may be dealt with in all respects as if the person had not been put upon trial for the offence with which the person is actually charged.585Effect of convictionA person convicted under any of the provisions of sections 575 to 584 is liable to the same punishment as if the person had been convicted on an indictment charging the person with the offence of which the person is actually convicted.586Corrupt practicesIf, on the trial of a person charged with an indictable offence relating to elections the evidence establishes that the person is not guilty of the offence charged, but is guilty of an offence relating to elections and punishable on summary conviction, the person may be convicted of such last mentioned offence, and is liable to the same punishment as if the person had been summarily convicted of that offence.587Illegal practicesIf, on the trial of a person charged with an offence relating to elections and punishable on summary conviction, the evidence establishes that the person is guilty of an indictable offence relating to elections, the person is not entitled to have the charge dismissed if the evidence also establishes that the person did any act or acts such as to constitute the offence with which the person is actually charged.588Charge of stealing stockIf, on the trial of a person charged with stealing an animal that is stock, the evidence establishes that the person is not guilty of the offence charged, but is guilty of any of the offences following, that is to say—

unlawfully using the animal without the consent of the owner, or of the person in lawful possession thereof;

branding or marking the animal, or knowingly permitting it to be branded or marked, with the person’s registered brand or registered mark, knowing that the person is not the owner of the animal;

altering or defacing, or otherwise rendering undistinguishable, any registered brand or registered mark upon the animal;

knowingly permitting any act as mentioned in paragraph (c) to be done by any person over whom the person has control;

the person may be convicted of the offence so established by the evidence, and is liable to the same punishment as if the person had been convicted of that offence.sch 1 pt 8 ch 61 s 588 amd 1986 No. 1 s 81; 2002 No. 23 s 30588ACharges of stealing certain animals and of killing certain animals with intent to steal

If on the trial of a person charged with stealing an animal that is stock the evidence establishes that the person is not guilty of the offence charged but is guilty of the offence of killing an animal with intent to steal the skin or carcass or any part of the skin or carcass, the person may be convicted of the latter offence and is liable to the punishment prescribed in respect of that offence.

If on the trial of a person charged with killing an animal with intent to steal the skin or carcass or any part of the skin or carcass the evidence establishes that the person is not guilty of the offence charged but is guilty of the offence of stealing an animal, the person may be convicted of the latter offence and is liable to the punishment prescribed in respect of that offence.

A reference in this section to the offence of killing an animal with intent to steal the skin or carcass or any part of the skin or carcass is a reference to the offence of killing an animal with intent to steal the skin or, as the case may be, the carcass or, as the case may be, part of the skin or, as the case may be, part of the carcass.sch 1 pt 8 ch 61 s 588A ins 1986 No. 1 s 82amd 2002 No. 23 s 31589Indictment for joint receivingUpon an indictment charging 2 or more persons jointly with an offence of which the receiving of any property is an element, if the evidence establishes that 1 or more of them separately received any part or parts of the property under such circumstances as to constitute an offence, such 1 or more of the accused persons may be convicted of the offence or offences so established by the evidence.589AIndictment for using or disclosing knowledge of match-fixing conduct or match-fixing arrangement for bettingIf, on the trial of a person charged with an indictable offence under section 443D, the evidence establishes that the person is not guilty of the offence charged but is guilty of any offence under section 443F, the person may be convicted of the offence under section 443F.sch 1 pt 8 ch 61 s 589A ins 2014 No. 39 s 34 Chapter 62Trial—adjournment—pleas— practiceChapter division 1Bringing accused person to trialsch 1 pt 8 ch 62 ch div 1 hdg ins 2003 No. 55 s 14590Bringing accused to trial

Subject to section 561, when a person charged with an indictable offence has been committed for trial and it is intended to put the person upon his or her trial for the offence, the director of public prosecutions or a Crown prosecutor must present the indictment no later than 6 months after the date on which the person was committed for trial.

If—

an indictment is not so presented; or

it becomes apparent that evidence necessary to establish the offence is not going to be available; or

the accused has absconded and is not likely to be found before the expiry of the period; or

for any other reason it is impracticable to present the indictment;

the director of public prosecutions or a Crown prosecutor may apply to the court at any time before or after the expiry of the period for an extension of time within which to present an indictment.

The court hearing the application may, if satisfied that good cause is shown and no miscarriage of justice is likely to result, grant the extension of time the court considers just.

If an indictment is not presented before the expiry of the period or any extension of the period, the person is entitled to be discharged from the consequences of his or her committal.sch 1 pt 8 ch 62 ch div 1 s 590 sub 1975 No. 27 s 21; 1997 No. 3 s 106amd 1997 No. 82 s 3 schChapter division 2Directions and rulings before trialsch 1 pt 8 ch 62 ch div 2 hdg ins 2003 No. 55 s 15590AA Pre-trial directions and rulings

If the Crown has presented an indictment before a court against a person, a party may apply for a direction or ruling, or a judge of the court may on his or her initiative direct the parties to attend before the court for directions or rulings, as to the conduct of the trial or any pre-trial hearing.

Without limiting subsection (1) a direction or ruling may be given in relation to—

the quashing or staying of the indictment; or

the joinder of accused or joinder of charges; or

disclosure under chapter division 3 or 4; or

the provision of a statement, report, proof of evidence or other information; or

noting of admissions and issues the parties agree are relevant to the trial or sentence; or

an application for trial by a judge sitting without a jury; or

deciding questions of law including the admissibility of evidence and any step that must be taken if any evidence is not to be admitted; or

ascertaining whether a defence of insanity or diminished responsibility or any other question of a psychiatric nature is to be raised; or

the psychiatric or other medical examination of the accused; or

the exchange of medical, psychiatric and other expert reports; or

the reference of the accused to the Mental Health Court; or

the date of trial and directing that a date for trial is not to be fixed until it is known whether the accused proposes to rely on a defence of insanity or diminished responsibility or any other question of a psychiatric nature; or

the return of subpoenas; or

matters relating to protected counselling communications under the Evidence Act 1977, part 2, division 2A: or

the Evidence Act 1977, part 2, division 4, 4A, 4C or 6, part 6A, part 6B, or part 7A; or

encouraging the parties to narrow the issues and any other administrative arrangement to assist the speedy disposition of the trial.

A direction or ruling is binding unless the judge presiding at the trial or pre-trial hearing, for special reason, gives leave to reopen the direction or ruling.

A direction or ruling must not be subject to interlocutory appeal but may be raised as a ground of appeal against conviction or sentence.sch 1 pt 8 ch 62 ch div 2 s 590AA (prev s 592A) ins 1997 No. 3 s 108amd 2000 No. 16 s 590 sch 1 pt 2; 2000 No. 43 s 30; 2003 No. 55 s 19 (1)–

reloc and renum 2003 No. 55 s 19

amd 2008 No. 50 s 3; 2008 No. 59 s 27; 2010 No. 26 s 24; 2017 No. 8 s 101 sch 1; 2020 No. 32 s 27; 2022 No. 12 s 14; 2024 No. 48 s 49 sch 1 pt 4590AAA Noncompliance with direction about disclosure

If it appears to the court that a person (the directed person) has not complied with a direction given under section 590AA(2)(ba), the court may order the directed person to file an affidavit, or give evidence in court, explaining and justifying the failure to comply.

If the court requires the directed person to file an affidavit, a copy of the affidavit must be served on the person for whose benefit the direction was given (the affected person).

An order under subsection (1) may be made—

on the court’s own initiative; or

on the application of the affected person.

If the court is not satisfied the directed person’s affidavit or evidence satisfactorily explains and justifies the noncompliance, the court may—

adjourn the proceeding to allow enough time for—

the directed person to comply with the direction; and

the affected person to consider anything disclosed under the direction and take any necessary further action; and

if the court is satisfied that the noncompliance was unjustified, unreasonable or deliberate—make, in relation to the adjournment, an award in favour of the affected person of an amount of costs the court considers just and reasonable; and

if an award of costs is made under paragraph (b)—fix a time for the amount to be paid.

This section does not limit the court’s power otherwise to deal with a failure to comply with a direction, including, for example, any power in the court to punish for contempt.

The directed person is not excused from failing to file an affidavit or give evidence under this section on the ground that an affidavit or evidence explaining and justifying a failure to comply with the direction given under section 590AA(2)(ba) might tend to incriminate the directed person because the directed person would be required to admit to the failure to comply.

However, the affidavit or evidence is not admissible against the directed person in a criminal proceeding or a proceeding for contempt.

Subsection (7) does not stop the affidavit or evidence from being admissible against the person—

in a perjury proceeding in relation to the affidavit or evidence; or

for the purposes of making an order under subsection (4).

In this section—direction includes ruling.perjury proceeding, in relation to an affidavit or evidence, means a proceeding in which the falsity or misleading nature of the affidavit or evidence is relevant.sch 1 pt 8 ch 62 ch div 2 s 590AAA ins 2010 No. 26 s 25Chapter division 3Disclosure by the prosecutionsch 1 pt 8 ch 62 ch div 3 hdg ins 2003 No. 55 s 15Chapter subdivision APreliminary provisionssch 1 pt 8 ch 62 ch div 3 ch sdiv A hdg ins 2003 No. 55 s 15590AB Disclosure obligation

This chapter division acknowledges that it is a fundamental obligation of the prosecution to ensure criminal proceedings are conducted fairly with the single aim of determining and establishing truth.

Without limiting the scope of the obligation, in relation to disclosure in a relevant proceeding, the obligation includes an ongoing obligation for the prosecution to give an accused person full and early disclosure of—

all evidence the prosecution proposes to rely on in the proceeding; and

all things in the possession of the prosecution, other than things the disclosure of which would be unlawful or contrary to public interest, that would tend to help the case for the accused person.

sch 1 pt 8 ch 62 ch div 3 ch sdiv A s 590AB ins 2003 No. 55 s 15590AC Chapter division does not have particular consequences

Nothing in this chapter division—

requires disclosure that is unlawful under this or another law; or

affects an accused person’s right to anything under another law.

Failure to comply with this chapter division in a proceeding does not affect the validity of the proceeding.sch 1 pt 8 ch 62 ch div 3 ch sdiv A s 590AC ins 2003 No. 55 s 15amd 2010 No. 26 s 26Chapter subdivision BInterpretationsch 1 pt 8 ch 62 ch div 3 ch sdiv B hdg ins 2003 No. 55 s 15590AD Definitions for ch div 3In 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 27amd 2022 No. 12 s 15(2)–(3)prosecution 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 15590AE Meaning of possession of the prosecution

For a relevant proceeding, a thing is in the possession of the prosecution only if the thing is in the possession of the prosecution under subsection (2) or (3).

A thing is in the possession of the prosecution if it is in the possession of the arresting officer or a person appearing for the prosecution.

A thing is also in the possession of the prosecution if—

the thing is in the possession of—

for a prosecution conducted by the director of public prosecutions—the director; or

for a prosecution conducted by the police service—the police service; and

the arresting officer or a person appearing for the prosecution—

is aware of the existence of the thing; and

is, or would be, able to locate the thing without unreasonable effort.

sch 1 pt 8 ch 62 ch div 3 ch sdiv B s 590AE ins 2003 No. 55 s 15590AF Meaning of sensitive evidence(1)Sensitive evidence means anything containing or displaying an image of a person (the imaged person)—

that, disregarding the fact the thing was brought into existence, or is in the possession of the prosecution, for the purpose of providing evidence of an offence, is obscene or indecent; or

the disclosure of which to another person, without the imaged person’s consent, would interfere with the imaged person’s privacy.

Examples—

• a computer hard drive containing obscene or indecent images

• a photo of a naked rape victim taken to preserve evidence of the victim’s condition at a particular time

Child exploitation material under chapter 22, or material alleged to be child exploitation material, is sensitive evidence.sch 1 pt 8 ch 62 ch div 3 ch sdiv B s 590AF ins 2003 No. 55 s 15amd 2005 No. 9 s 7590AFA Meaning of Evidence Act section 93A device statementAn Evidence Act section 93A device statement means a statement—

made to a person investigating an alleged offence; and

contained in—

any disc, tape, sound track or other device mentioned in paragraph (e) of the definition document in the Evidence Act 1977, schedule 3 capable of reproducing sounds; or

any film, negative, tape or other device mentioned in paragraph (f) of the definition document in the Evidence Act 1977, schedule 3; and

given in, or in anticipation of, a criminal proceeding about the alleged offence; and

that is potentially admissible under the Evidence Act 1977, section 93A.

sch 1 pt 8 ch 62 ch div 3 ch sdiv B s 590AFA ins 2008 No. 55 s 109590AG Particular references to an accused person include references to a lawyer acting for the accused person

A reference in this chapter division to giving or disclosing a thing to an accused person includes a reference to giving or disclosing the thing to a lawyer acting for the accused person.

A reference in this chapter division to an accused person viewing a thing includes a reference to a lawyer acting for the accused person viewing the thing.sch 1 pt 8 ch 62 ch div 3 ch sdiv B s 590AG ins 2003 No. 55 s 15Chapter subdivision CDisclosuresch 1 pt 8 ch 62 ch div 3 ch sdiv C hdg ins 2003 No. 55 s 15590AH Disclosure that must always be made

This section applies—

without limiting the prosecution’s obligation mentioned in section 590AB(1); and

subject to section 590AC(1)(a) and chapter subdivision D.

For a relevant proceeding, the prosecution must give the accused person each of the following—

a copy of the bench charge sheet, complaint or indictment containing the charge against the person;

a copy of the accused person’s criminal history, and the accused person’s childhood criminal history information, in the possession of the prosecution;

a copy of any statement of the accused person in the possession of the prosecution;

for each proposed witness for the prosecution who is, or may be, an affected child—a written notice naming the witness and describing why the proposed witness is, or may be, an affected child;

for each proposed witness for the prosecution other than a proposed witness mentioned in paragraph (d)—

a copy of any statement of the witness in the possession of the prosecution; orExample—a statement made by a proposed witness for the prosecution in an audio recording of an interview

if there is no statement of the witness in the possession of the prosecution—a written notice naming the witness;

if the prosecution intends to adduce evidence of a representation under the Evidence Act 1977, section 93B, a written notice stating that intention and the matters mentioned in section 590C(2)(b) to (d);

a copy of any report of any test or forensic procedure relevant to the proceeding in the possession of the prosecution;Examples of a forensic procedure—DNA, fingerprint or another scientific identification procedure

a written notice describing any test or forensic procedure, including a test or forensic procedure that is not yet completed, on which the prosecution intends to rely at the proceeding;

a written notice describing any original evidence on which the prosecution intends to rely at the proceeding;

a copy of anything else on which the prosecution intends to rely at the proceeding;

a written notice or copy of anything else in possession of the prosecution prescribed under a regulation.

Also, for a relevant proceeding or a summary proceeding under the Justices Act 1886 for an accused person who is charged with a domestic violence offence, the prosecution must give the accused person a copy of the person’s domestic violence history in the possession of the prosecution.

In this section—childhood criminal history information, of an accused person, means a document containing any evidence the prosecution intends to adduce under the Youth Justice Act 1992, section 148A or 148B in relation to the accused person’s criminal history as a child.domestic violence history, of a person, means a document that states—

each of the following, within the meaning of the Domestic and Family Violence Protection Act 2012—

a domestic violence order or recognised interstate order made against the person;

a police protection direction or police protection notice issued against the person; and

each domestic violence order made against the person under the repealed Domestic and Family Violence Protection Act 1989.

domestic violence offence includes an offence against the Domestic and Family Violence Protection Act 2012, part 7.

Note—See also the definition of domestic violence offence in section 1.sch 1 pt 8 ch 62 ch div 3 ch sdiv C s 590AH ins 2003 No. 55 s 15amd 2010 No. 26 s 28; 2023 No. 1 s 26; 2024 No. 54 s 8; 2025 No. 18 s 83 sch 1590AI When mandatory disclosure must be made

This section applies if—

the prosecution must give an accused person a written notice or copy of a thing under section 590AH(2); or

the prosecution must give an accused person a written notice of a thing under section 590AO(2), 590AOA(2) or 590AOB(3) and, apart from sections 590AO, 590AOA and 590AOB, the prosecution would have to give the accused person a copy of the thing under section 590AH(2).

The prosecution must give the accused person the written notice or copy—

for a committal proceeding or prescribed summary trial—at least 14 days before the date set by the court for the commencement of the hearing of evidence; or

for a trial on indictment—no more than 28 days after presentation of the indictment, or if the trial starts less than 28 days after presentation of the indictment, before evidence starts to be heard at the trial.

Subsection (2) is not intended to discourage the prosecution from voluntarily giving the accused person the written notice or copy at a time before the latest time the subsection may be complied with.

Note—An administrative arrangement made under section 706A (Development of administrative arrangements) might provide for the prosecution’s agreement to a form of staged disclosure that will ensure an accused person is provided with at least part of the material that must be disclosed under section 590AH within a period stated in the arrangement that is shorter than the period stated in subsection (2).

The court may, at any time, shorten the period mentioned in subsection (2)(a) or extend the period mentioned in subsection (2)(b).

If the relevant proceeding is a committal proceeding, the court may set a date to have effect under subsection (2)(a) as the date for the commencement of hearing of evidence in the proceeding even if, having regard to the Justices Act 1886, section 110A, it will or may be the case that no witness will appear at the proceeding to give oral evidence.sch 1 pt 8 ch 62 ch div 3 ch sdiv C s 590AI ins 2003 No. 55 s 15amd 2007 No. 37 s 42 sch; 2008 No. 55 s 110; 2010 No. 26 s 29; 2022 No. 12 s 16590AJ Disclosure that must be made on request

This section applies—

without limiting the prosecution’s obligation mentioned in section 590AB(1); and

subject to section 590AC(1)(a) and chapter subdivision D.

For a relevant proceeding, the prosecution must, on request, give the accused person—

particulars if a proposed witness for the prosecution is, or may be, an affected child; and

a copy of the criminal history of a proposed witness for the prosecution in the possession of the prosecution; and

a copy or notice of any thing in the possession of the prosecution that may reasonably be considered to be adverse to the reliability or credibility of a proposed witness for the prosecution; and

notice of any thing in the possession of the prosecution that may tend to raise an issue about the competence of a proposed witness for the prosecution to give evidence in the proceeding; and

a copy of any statement of any person relevant to the proceeding and in the possession of the prosecution but on which the prosecution does not intend to rely at the proceeding; and

a copy or notice of any other thing in the possession of the prosecution that is relevant to the proceeding but on which the prosecution does not intend to rely at the proceeding.Example of any other thing—a transcript of a recorded statement

If the prosecution gives notice of a thing under subsection (2) that is not original evidence, the prosecution must advise the accused person that the thing may be viewed on request by the accused person at a stated place.

In this section—particulars means particulars of a matter alleged in the bench charge sheet, complaint or indictment containing the charge against the accused person.sch 1 pt 8 ch 62 ch div 3 ch sdiv C s 590AJ ins 2003 No. 55 s 15amd 2022 No. 12 s 17590AK When requested disclosure must be made

This section applies if—

an accused person requests particulars or a copy or notice of a thing under section 590AJ(2); and

either—

the prosecution must give the accused person particulars or a copy or notice of the thing under section 590AJ(2); or

the prosecution must give the accused person written notice of the thing under section 590AO(2), 590AOA(2) or 590AOB(3) and, apart from sections 590AO, 590AOA and 590AOB, the prosecution would have to give the accused person a copy of the thing under section 590AJ(2).

The prosecution must give the accused person the particulars, copy or notice as soon as practicable after the request is made.sch 1 pt 8 ch 62 ch div 3 ch sdiv C s 590AK ins 2003 No. 55 s 15amd 2007 No. 37 s 42 sch; 2008 No. 55 s 111; 2010 No. 26 s 30; 2022 No. 12 s 18590AL Ongoing obligation to disclose

If the prosecution can not comply with a time requirement because the thing to be disclosed was not in the possession of the prosecution in sufficient time, including, for example, because the thing did not exist at the time, the prosecution must disclose the thing to the accused person as soon as practicable after it comes into the possession of the prosecution.

The obligation to disclose a thing, other than an exculpatory thing, to the accused person continues despite a failure to comply with a time requirement or subsection (1) until the prosecution ends, whether by the accused person being discharged, acquitted or convicted, or in another way.

If a thing is an exculpatory thing, the obligation to disclose it to the accused person continues despite a failure to comply with a time requirement or subsection (1) until 1 of the following happens—

the accused person is discharged or acquitted;

the accused person dies.

In this section—time requirement means a requirement under section 590AI or 590AK.sch 1 pt 8 ch 62 ch div 3 ch sdiv C s 590AL ins 2003 No. 55 s 15590AM How disclosure may be made

If a written notice or copy of a thing must or may be given to the accused person under this chapter division, it is sufficient for—

a document advising that the written notice or copy of the thing is available for collection at a stated place to be served on the accused person—

if a lawyer acts for the accused person—at the lawyer’s address for service; or

otherwise—at the accused person’s place of business, or residential address, last known to the prosecution; and

the written notice or copy of the thing to be available for collection at the stated place.

If notice of a thing must or may be given to the accused person under this chapter division, it is sufficient for notice to be given in a way the prosecution considers appropriate.

Example—If the prosecution considers it appropriate, notice may be given by phone to the lawyer acting for the accused person or in writing made available under subsection (1).sch 1 pt 8 ch 62 ch div 3 ch sdiv C s 590AM ins 2003 No. 55 s 15Chapter subdivision DLimitations on disclosuresch 1 pt 8 ch 62 ch div 3 ch sdiv D hdg ins 2003 No. 55 s 15590AN Limit on disclosure of things accused person already hasThe prosecution is not, for a relevant proceeding, required under this chapter division to give the accused person anything the accused person or a lawyer acting for the accused person already possesses or has already been given by the prosecution.

Example—The prosecution is not required to give the accused person a copy of a complaint or indictment already given to the accused person or a copy of depositions already given to the accused person under section 705.sch 1 pt 8 ch 62 ch div 3 ch sdiv D s 590AN ins 2003 No. 55 s 15amd 2010 No. 26 s 31590AO Limit on disclosure of sensitive evidence

This section does not apply to an Evidence Act section 93A device statement or a recorded statement.

The prosecution is not, for a relevant proceeding, required under this chapter division to give the accused person a copy of a thing the prosecution reasonably considers to be sensitive evidence other than as required under this section.

If—

apart from this section, the prosecution would have to give the accused person a copy of the thing; and

the prosecution does not give the accused person a copy of the thing;

then the prosecution must give the accused person a written notice—

describing the thing; and

stating that the prosecution—

considers the thing to be sensitive evidence; and

is not required to give the accused person a copy of the thing other than as required under this section; and

if the thing is not original evidence, stating the place where the accused person may, on request, view the thing for the purposes of the relevant proceeding; and

if the thing is original evidence, stating that the prosecution may, on request, allow an appropriate person to view and examine the thing for the purposes of the relevant proceeding at a stated place—

under the supervision of the prosecution; and

subject to any other conditions the prosecution considers appropriate to ensure—

the thing will only be viewed and examined for a legitimate purpose connected with the relevant proceeding; and

there is no unauthorised reproduction or circulation of the thing; and

the integrity of the thing is protected.

If the thing is original evidence, the court may direct that the prosecution allow an appropriate person to view and examine the thing for the purposes of the proceeding subject to the conditions the court considers appropriate.

The court may make the direction under subsection (3) only if the court is satisfied the terms of the direction can ensure—

the thing will only be viewed and examined for a legitimate purpose connected with the relevant proceeding; and

there is no unauthorised reproduction or circulation of the thing; and

the integrity of the thing is protected.

Also, the court may direct that the prosecution give the accused person a copy of the thing (whether or not the thing is original evidence).

The court may make the direction under subsection (5) only if—

the accused person satisfies the court a legitimate purpose is achieved by the accused person being given a copy of the thing; and

the court is satisfied the terms of the direction can ensure there is no unauthorised reproduction or circulation of the thing.

If, under subsection (5), the court directs the prosecution to give the accused person a copy of the thing, the court may also direct that the accused person return the copy of the thing to the prosecution within the period stated in the direction to the accused person.

In this section—appropriate person means—

the accused person; or

a lawyer acting for the accused person; or

another person engaged by the accused person if the prosecution or court considers it is appropriate for the other person to view or examine the thing.

sch 1 pt 8 ch 62 ch div 3 ch sdiv D s 590AO ins 2003 No. 55 s 15amd 2008 No. 55 s 112; 2010 No. 26 s 32; 2022 No. 12 s 19590AOA Evidence Act section 93A device statement

The prosecution is not, for a relevant proceeding, required under this chapter division to give the accused person a copy of an Evidence Act section 93A device statement (the statement) other than as required under this section.

If—

apart from this section, the prosecution would have to give the accused person a copy of the statement; and

the prosecution does not give the accused person a copy of the statement;

then the prosecution must give the accused person a written notice—

describing the statement; and

stating that the prosecution—

considers the statement to be an Evidence Act section 93A device statement; and

is not required to give the accused person a copy of the statement other than as required under this section; and

stating the matters mentioned in subsection (3) or (6), whichever is applicable.

If the accused person has a lawyer acting for him or her, the notice must state that the prosecution will give a lawyer acting for the accused person a copy of the statement (the copy) on the following conditions—

that the lawyer must not give the copy to the accused person or anyone else other than the following—

a lawyer acting for the accused person or to whom the copy is referred for particular advice;

a person, other than a lawyer, to whom the copy is referred for particular expert advice;

an associate of the lawyer to the extent necessary for work to be done for the lawyer in relation to the relevant proceeding or a proceeding for a relevant charge in the ordinary practice of the law;

that any lawyer acting for the accused person, other than the lawyer to whom the prosecution gives the copy, must not give the copy to the accused person or anyone else other than the persons mentioned in paragraph (a)(ii) or (a)(iii);

that a person who is given the copy under paragraph (a) or (b), other than a lawyer mentioned in the paragraph, must not give the copy to the accused person or anyone else who is not a lawyer acting for the accused person;

that the copy held by the lawyer to whom it was given by the prosecution, or held by anyone else to whom the copy has been given under this section—

must not be copied; and

must be returned to the prosecution within 14 days after—

the lawyer or other person stops being someone who may be given the copy under this section; orExample—A lawyer may stop acting for the accused person.

the end of the proceedings for the relevant charge;

that the copy may only be given to another person in accordance with the conditions mentioned in paragraphs (a) to (d) for a legitimate purpose connected with the relevant proceeding or a proceeding for a relevant charge.

If the original statement is a visual image device and the copy to be given by the prosecution under the notice is only a sound device, the court may direct the prosecution to give a copy that is a visual image device.

The court may make a direction under subsection (4) only if it is satisfied the terms of the direction can ensure—

the copy will only be viewed for a legitimate purpose connected with the relevant proceeding; and

there is no unauthorised copying or circulation of the copy.

If the accused person does not have a lawyer acting for him or her, the notice must state that—

the prosecution will not give the statement (whether the original or copy) to the accused person; and

the prosecution will, on request, allow an appropriate person to view the statement, either the original or a copy as stated in the notice for the purposes of the relevant proceeding at a stated place.

If the prosecution refuses to accept a person, nominated by the accused person under paragraph (c) of the definition appropriate person, as an appropriate person for subsection (6)(b), the court may direct the prosecution to accept the person as an appropriate person for subsection (6)(b), subject to the conditions the court considers appropriate.

The court may make the direction under subsection (7) only if the court is satisfied the terms of the direction can ensure—

the statement will only be viewed for a legitimate purpose connected with the relevant proceeding; and

there is no unauthorised copying or circulation of the statement; and

if the original statement is to be viewed—the integrity of the statement is protected.

For the Evidence Act 1977, section 93AA(2)(a), it is declared that an act done in contravention of a condition imposed by a notice under subsection (3) or a direction under subsection (5) or (7) is not done for a legitimate purpose related to the relevant proceeding.

For subsection (3)(d)(i) or (8)(b), it is declared that the making of a transcript of the contents of the statement is not the making of a copy of the statement to which the Evidence Act 1977, section 93AA(1)(c) applies.

In this section—appropriate person means—

the accused person; or

a lawyer mentioned in the Evidence Act 1977, section 21O(4); or

another person engaged by the accused person if the prosecution or court considers it is appropriate for the other person to view the thing.Examples of persons prosecution may consider appropriate—

• interpreter

• expert

copy, of the statement, in subsections (3) and (6) means a copy of the original statement in the form of—

a device of similar function to the original device containing a copy of the statement; or

if the original statement is in the form of a visual image device—any sound device capable of reproducing a soundtrack of the visual image device;

and includes any additional copy provided by the prosecution for convenience.sound device means a device mentioned in section 590AFA(b)(i).visual image device means a device mentioned in section 590AFA(b)(ii).sch 1 pt 8 ch 62 ch div 3 ch sdiv D s 590AOA ins 2008 No. 55 s 113amd 2022 No. 12 s 20590AOB Disclosure of recorded statement

The prosecution is not, for a relevant proceeding, required under this chapter division to give the accused person a copy of a recorded statement other than as required under this section.

Subsection (3) applies if—

other than for this section, the prosecution would have to give the accused person a copy of a recorded statement; and

the prosecution does not give the accused person a copy of the statement.

The prosecution must give the accused person a written notice—

describing the recorded statement; and

stating that the prosecution—

considers the statement to be a recorded statement; and

is not required to give the accused person a copy of the statement other than as required under this section; and

stating the matters mentioned in subsection (4) or (5), whichever is applicable.

If the accused person has a lawyer acting for the person, the notice must state that the prosecution will give a lawyer acting for the accused person a copy of the recorded statement on the following conditions—

that the lawyer must not give the copy to the accused person or anyone else other than the following—

a lawyer acting for the accused person or to whom the copy is referred for particular advice;

a person, other than a lawyer, to whom the copy is referred for particular expert advice;

an associate of the lawyer to the extent necessary for work to be done for the lawyer in relation to the relevant proceeding or a proceeding for a relevant charge in the ordinary practice of the law;

that any lawyer acting for the accused person, other than the lawyer to whom the prosecution gives the copy, must not give the copy to the accused person or anyone else other than the persons mentioned in paragraph (a)(ii) or (iii);

that a person who is given the copy under paragraph (a) or (b), other than a lawyer mentioned in the paragraph, must not give the copy to the accused person or anyone else who is not a lawyer acting for the accused person;

that the copy held by the lawyer to whom it was given by the prosecution, or held by anyone else to whom the copy has been given under this section—

must not be copied; and

must be returned to the prosecution within 14 days after—

the lawyer or other person stops being someone who may be given the copy under this section; orExample—A lawyer may stop acting for the accused person.

the end of the proceedings for the relevant charge;

that the copy may only be given to another person in accordance with the conditions mentioned in paragraphs (a) to (d) for a legitimate purpose connected with the relevant proceeding or a proceeding for a relevant charge.

If the accused person does not have a lawyer acting for the person, the notice must state that—

the prosecution will not give the recorded statement (whether the original or a copy) to the accused person; and

the prosecution will, on request, allow an appropriate person to view the statement, either the original or a copy as stated in the notice, for the purposes of the relevant proceeding at a stated place; and

the prosecution must, on request, give the accused person a transcript of the recorded statement that is in the possession of the prosecution.

If the prosecution refuses to accept a person nominated by the accused person as an appropriate person for subsection (5)(b), the court may direct the prosecution to accept the person as an appropriate person for subsection (5)(b), subject to the conditions the court considers appropriate.

The court may make the direction under subsection (6) only if the court is satisfied the terms of the direction can ensure—

the recorded statement will only be viewed for a legitimate purpose connected with the relevant proceeding; and

an offence against the Evidence Act 1977, section 103Q or 103S will not be committed; and

if the original recorded statement is to be viewed—the integrity of the statement is protected.

For the Evidence Act 1977, section 103Q(2)(a), it is declared that an act done in contravention of a condition imposed by a notice under subsection (4) or a direction under subsection (6) is not done for a legitimate purpose related to the domestic violence proceeding.

For subsection (4)(d)(i) or (7)(b), it is declared that making a transcript of the contents of the recorded statement is not making a copy of the statement for the Evidence Act 1977, section 103Q(1)(c).

In this section, a reference to a recorded statement includes, if the context permits, a reference to a lawfully edited copy of a recorded statement under the Evidence Act 1977, schedule 3.

In this section—appropriate person, to view a recorded statement, means—

the accused person; or

a lawyer mentioned in the Evidence Act 1977, section 21O(4) or another lawyer who is providing legal advice or assistance to the accused person; or

another person engaged by the accused person if the prosecution or court considers it is appropriate for the other person to view the recorded statement.Examples of persons the prosecution may consider appropriate—

• an interpreter

• an expert

copy, of a recorded statement, for subsections (4) and (5)—

means a copy of the original recorded statement in the form of a videorecording under the Evidence Act 1977; and

includes any additional copy of the recorded statement provided by the prosecution for convenience but does not include a transcript of the recorded statement.

sch 1 pt 8 ch 62 ch div 3 ch sdiv D s 590AOB ins 2022 No. 12 s 21590AP Limit on disclosure of witness contact details

The prosecution is not, for a relevant proceeding, required under this chapter division to give the accused person a witness contact detail other than as required under this section.

The prosecution must give the accused person a witness contact detail that is materially relevant as part of the evidence for the relevant proceeding.

Example 1—If the alleged offence is breaking and entering a dwelling and a proposed witness was the occupant of the dwelling when the offence allegedly happened, the address of the proposed witness when the offence allegedly happened would be materially relevant as part of the evidence.

Example 2—If the alleged offence is unlawful stalking, intimidation, harassment or abuse involving contacting the stalked person by telephone, the telephone number of the stalked person when the offence allegedly happened would be materially relevant as part of the evidence.

However, the court may direct that another witness contact detail be given to the accused person.

The court may make the direction only if—

the accused person satisfies the court a legitimate purpose is achieved by the witness contact detail being given to the accused person; and

the court is satisfied that giving the detail is not likely to present a reasonably ascertainable risk to the welfare or protection of any person.

A witness contact detail the prosecution is not required to give the accused person may be deleted from, or rendered illegible in, a thing that is to be disclosed to, or may be viewed by, the accused person.

Although it is acknowledged that a person is not obliged to have contact with the defence, nothing in this section is intended to discourage the prosecution, at the request of the defence, from voluntarily passing on to a person a request from the defence that the person contact the defence.

In this section—witness contact details include details of the address and telephone and facsimile number of a proposed witness for the prosecution or a person a copy of whose statement may be given to the accused person under section 590AJ(2)(e).sch 1 pt 8 ch 62 ch div 3 ch sdiv D s 590AP ins 2003 No. 55 s 15amd 2023 No. 1 s 27590APA Protected counselling communications

The prosecution is not, for a relevant proceeding, required under this chapter division to give the accused person a copy of a document if the prosecution reasonably considers the document is a protected counselling communication.

Subsection (1) does not apply if—

for a relevant proceeding to which the Evidence Act 1977, part 2, division 2A, subdivision 3 applies—the document is produced by leave of the court under that subdivision; or

the counselled person to whom the protected counselling communication relates has consented to the production of the document in the proceeding under the Evidence Act 1977, section 14I; or

the document may be produced under the Evidence Act 1977, section 14J.

If the prosecution reasonably considers subsection (1) applies to a document and, apart from this section, the prosecution would have to give the accused person a copy of the document, the prosecution must give the accused person a written notice stating—

that the prosecution is in possession of a document that it considers is a protected counselling communication the disclosure of which is prevented by the Evidence Act 1977, part 2, division 2A; and

a description of the nature and particulars of the document (other than particulars disclosing the content of the protected counselling communication); andExample of particulars—the fact the document contains a counsellor’s notes, the identity of the counsellor and the date the notes were made

that the counselled person to whom the document relates has not consented to the production of the document; and

if the relevant proceeding is a proceeding to which the Evidence Act 1977, part 2, division 2A, subdivision 3 applies—that the accused person may apply to the court for leave under that subdivision enabling the document to be produced.

In this section—counselled person see the Evidence Act 1977, section 14B.protected counselling communication see the Evidence Act 1977, section 14A.sch 1 pt 8 ch 62 ch div 3 ch sdiv D s 590APA ins 2017 No. 8 s 4590AQ Limit on disclosure contrary to the public interest

The prosecution is not, for a relevant proceeding, required under this chapter division to disclose to the accused person a thing, other than as required under this section, if the prosecution—

considers the disclosure would be contrary to the public interest; and

gives the accused person a written notice stating that the prosecution—

considers the disclosure would be contrary to the public interest; and

is not required to disclose the thing to the accused person other than as required under this section.

Without limiting subsection (1)(a), the prosecution is not required to disclose the thing to the accused person if—

there are reasonable grounds for considering disclosure of the thing would—

prejudice the security, defence or international relations of Australia; or

damage relations between the Commonwealth and a State or between 2 or more States; or

facilitate the commission of another offence; or

prejudice the prevention, investigation or prosecution of an offence; or

prejudice the usefulness of surveillance or other detection methods; or

disclose, or enable a person to find out, the existence or identity of a confidential source of information relating to the enforcement or administration of a law of the Commonwealth or a State; or

cause unlawful or dishonest interference with potential witnesses; or

prejudice the proper functioning of the government of the Commonwealth or a State; or

disclosure of the thing to the accused person is prohibited by law.Example for paragraph (b)—disclosure of an informer’s identity under the Drugs Misuse Act 1986, section 119

However, unless disclosure to the accused person of the thing is prohibited by law, the court may direct that the thing be disclosed to the accused person.

The court may make a direction only if the court is satisfied, on balance, that disclosing the thing to the accused person is not contrary to the public interest.

In deciding whether to make a direction, the court may inform itself in any way it considers appropriate.

Without limiting the matters the court may take into account in deciding whether to make a direction, the court must take into account the following matters—

the importance of the thing in the relevant proceeding, including, for example, whether the thing is an exculpatory thing;

the nature of the offence;

the likely effect of disclosing the thing and how publication of the thing may be limited;

whether the substance of the thing has already been published.

In this section—State includes a Territory.sch 1 pt 8 ch 62 ch div 3 ch sdiv D s 590AQ ins 2003 No. 55 s 15Chapter subdivision EViewingsch 1 pt 8 ch 62 ch div 3 ch sdiv E hdg ins 2003 No. 55 s 15590AR Viewing evidence that is not original evidenceIf—

advice is given under section 590AJ(3); or

notice is given under section 590AO(2)(e) or 590AOA(6);

of a place where the accused person or appropriate person may, on request, view a thing, the prosecution must allow the accused person or appropriate person, on request, to view the thing at the place for the purposes of the relevant proceeding.sch 1 pt 8 ch 62 ch div 3 ch sdiv E s 590AR ins 2003 No. 55 s 15sub 2008 No. 55 s 114590AS Viewing particular original evidence—generally

This section applies if a thing that is original evidence, and is not the body of a deceased person, sensitive evidence, an Evidence Act section 93A device statement or a recorded statement, is disclosed to an accused person under section 590AH(2)(i) or 590AJ.

Notes—

1 For the viewing of original evidence that is the body of a deceased person, see section 590ASA.

2 For the viewing of original evidence that is sensitive evidence, see section 590AO(2)(f), (3) and (4).

The prosecution is not required to allow the accused person to view or examine the thing for the relevant proceeding other than as required under this section.

The prosecution may, on request, allow an appropriate person to view or examine the thing for the purposes of the relevant proceeding—

under the supervision of the prosecution; and

subject to any other conditions the prosecution considers appropriate to protect the integrity of the thing.

Also, the court may direct that the prosecution allow an appropriate person to view and examine the thing for the purposes of the proceeding subject to the conditions the court considers appropriate to protect the integrity of the thing.

The court may make the direction only if the court is satisfied the terms of the direction can ensure the integrity of the thing is protected.

In this section—appropriate person means—

the accused person; or

a lawyer acting for the accused person; or

another person engaged by the accused person if the prosecution or court considers it is appropriate for the other person to view or examine the thing.

body see the Coroners Act 2003, schedule 2.sch 1 pt 8 ch 62 ch div 3 ch sdiv E s 590AS ins 2003 No. 55 s 15amd 2008 No. 55 s 115; 2010 No. 26 s 33; 2022 No. 12 ss 9, 22590ASA Viewing bodies of deceased persons

This section applies if the body of a deceased person that is original evidence is disclosed to an accused person under section 590AH(2)(i) or 590AJ.

The prosecution is not required to allow the accused person to view or examine the body for the relevant proceeding other than as required under this section.

The prosecution may, on request, allow a permitted person to view, or an appropriate person to view or examine, the body for the purposes of the relevant proceeding—

under the supervision of the prosecution; and

subject to any other conditions the prosecution considers appropriate—

to protect the integrity of the body; and

to ensure the release of the body for burial under the Coroners Act 2003, section 26 is not unnecessarily delayed.

The court may direct that the prosecution allow a permitted person to view, or an appropriate person to view or examine, the body for the purposes of the relevant proceeding subject to the conditions the court considers appropriate—

to protect the integrity of the body; and

to ensure the release of the body for burial under the Coroners Act 2003, section 26 is not unnecessarily delayed.

The court may make the direction only if satisfied the terms of the direction can ensure—

the integrity of the body is protected; and

the release of the body for burial under the Coroners Act 2003, section 26 is not unnecessarily delayed.

In this section—appropriate person means a person engaged by the accused person, other than a lawyer acting for the accused person, if the prosecution or court considers it is appropriate for the person to view or examine the body.Examples of an appropriate person—

• a person appointed as a DNA analyst under the Evidence Act 1977, section 133A

• a person employed by an accredited laboratory, as defined under the Police Powers and Responsibilities Act 2000, section 488B, who has appropriate qualifications and experience in DNA analysis

body see the Coroners Act 2003, schedule 2.permitted person means—

if a lawyer is acting for the accused person—the lawyer; or

otherwise—the accused person.

sch 1 pt 8 ch 62 ch div 3 ch sdiv E s 590ASA ins 2022 No. 12 s 10Chapter subdivision FMiscellaneous provisionssch 1 pt 8 ch 62 ch div 3 ch sdiv F hdg ins 2003 No. 55 s 15590AT Accused person may waive entitlement

An accused person may waive any or all entitlements the accused person would otherwise have under this chapter division.

The waiver must be in writing and be given to the prosecution.sch 1 pt 8 ch 62 ch div 3 ch sdiv F s 590AT ins 2003 No. 55 s 15590AU Court may waive requirementA court may waive any requirement imposed by this chapter division in relation to a relevant proceeding if it is satisfied there is a good reason for waiving the requirement and that waiving the requirement will not result in a miscarriage of justice.sch 1 pt 8 ch 62 ch div 3 ch sdiv F s 590AU ins 2003 No. 55 s 15590AV Disclosure directions under particular provisions

The court may make a disclosure direction on the court’s own initiative or on an application made by the accused person.

The court may make a disclosure direction on the conditions, whether about the circumstances of disclosure or otherwise, it considers appropriate.

Without limiting subsection (2), the court may make a disclosure direction on condition that—

partial disclosure only be made; or

disclosure only be made to a lawyer acting for the accused person; or

particular persons are excluded from the room in which the court is sitting for all or part of the proceedings; or

reporting of the proceedings be limited in a particular way.

In this section—disclosure direction means a direction for a relevant proceeding under section 590AO, 590AOA, 590AOB, 590AP, 590AQ, 590AS or 590ASA.sch 1 pt 8 ch 62 ch div 3 ch sdiv F s 590AV ins 2003 No. 55 s 15amd 2008 No. 55 s 116; 2010 No. 26 s 34; 2022 No. 12 ss 11, 23590AW When issues about disclosure must be resolvedAny issue about compliance with this chapter division must, if possible, be resolved before evidence starts to be heard at the relevant proceeding.sch 1 pt 8 ch 62 ch div 3 ch sdiv F s 590AW ins 2003 No. 55 s 15590AX Unauthorised copying of sensitive evidence

A person in possession of sensitive evidence for the purposes of a relevant proceeding commits an offence if, without authority, the person copies or permits a person to copy the sensitive evidence.Maximum penalty—100 penalty units or 2 years imprisonment.

A person has possession of sensitive evidence for the purposes of a relevant proceeding only if—

the sensitive evidence was given to the person under this chapter division; or

the sensitive evidence came into the person’s possession directly or incidentally, including by an opportunity given, because the person is a public official.

A person has authority only if the person copies or permits a person to copy sensitive evidence for a legitimate purpose connected with a proceeding.

In this section—public official includes—

a police officer; and

a person appointed, engaged or employed under the Director of Public Prosecutions Act 1984.

sch 1 pt 8 ch 62 ch div 3 ch sdiv F s 590AX ins 2003 No. 55 s 15Chapter division 4Disclosure by an accused personsch 1 pt 8 ch 62 ch div 4 hdg ins 2003 No. 55 s 15590ANotice of alibi

An accused person shall not upon the person’s trial on indictment, without the leave of the court, adduce evidence in support of an alibi unless, before the expiration of the prescribed period, the person gives notice of particulars of the alibi.

An accused person shall not upon the person’s trial on indictment, without the leave of the court, call any other person to give evidence in support of an alibi unless—

the notice under subsection (1) includes the name and address of the person or, if the name or address is not known to the accused person at the time the accused person gives the notice, any information in the accused person’s possession that may be of material assistance in locating the person; or

where the name or address is not included in the notice, the court is satisfied that the accused person, before giving the notice, took and thereafter continued to take all reasonable steps to secure that the name or address would be ascertained; or

where the name or address is not included in the notice and the accused person subsequently discovers the name or address or receives other information that may be of material assistance in locating the person, the accused person gives notice forthwith of the name, address or, as the case may be, other information; or

where the accused person is notified by or on behalf of the director of public prosecutions that the person has not been traced by the name or located at the address given, the accused person gives notice forthwith of any information then in the accused person’s possession or subsequently received by the accused person that may be of material assistance in locating the person.

The court shall not refuse leave under this section if it appears to the court that the accused person was not, upon the accused person’s committal for trial, informed by the justices of the requirements of this section.

Evidence tendered to disprove an alibi may, subject to a direction by the court, be given before or after evidence is given in support of the alibi.

A notice purporting to be given under this section on behalf of the accused person by the person’s solicitor shall, until the contrary is proved, be deemed to be given with the authority of the accused person.

A notice under this section—

shall be in writing; and

shall be given to the director of public prosecutions; and

shall be duly given if it is delivered to or left at the Office of the Director of Public Prosecutions or sent by certified mail addressed to the director of public prosecutions at the director’s office.

In this section—evidence in support of an alibi means evidence tending to show that by reason of the presence of the accused person at a particular place or in a particular area at a particular time the accused person was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission.the prescribed period means the period of 14 days after the date of the committal for trial of the accused person.sch 1 pt 8 ch 62 ch div 4 s 590A ins 1975 No. 27 s 22amd 1986 No. 1 s 83; 1997 No. 82 s 3 sch; 2005 No. 70 s 166 sch590BAdvance notice of expert evidence

If an accused person intends to adduce expert evidence in relation to an issue in the person’s trial, the person must—

as soon as practicable—give the other parties to the trial written notice of the name of the expert, and any finding or opinion he or she proposes to adduce; and

as soon as practicable before the trial date—give the other parties to the proceeding a copy of the expert report on which the finding or opinion is based.

The directions judge under section 590AA or trial judge may fix times for compliance with subsection (1).sch 1 pt 8 ch 62 ch div 4 s 590B ins 1997 No. 3 s 107amd 2003 No. 55 s 16590BA Advance notice of intention to rely on expert evidence under s 348A

If an accused person intends to adduce expert evidence under section 348A(6) in the person’s trial, the accused person must, within the prescribed period, give notice of that intention.

If the accused person does not give notice as required by subsection (1), the accused person may not, without the leave of the court, adduce the expert evidence.

A notice under this section—

must be in writing; and

must be given to the director of public prosecutions; and

is taken to be given if it is delivered to or left at the Office of the Director of Public Prosecutions or sent by certified mail addressed to the director of public prosecutions at the director’s office.

In this section—prescribed period means the period of 14 days after the date of the committal for trial of the accused person.sch 1 pt 8 ch 62 ch div 4 s 590BA ins 2024 No. 5 s 16590CAdvance notice of representation if person who made it is unavailable

If an accused person intends to adduce evidence of a representation under the Evidence Act 1977, section 93B, the accused person must, as soon as practicable before the person’s trial date, give each of the other parties to the trial written notice of the person’s intention.

The notice must state—

the accused person intends to adduce evidence of a representation under the Evidence Act 1977, section 93B; and

the name of the person with personal knowledge of an asserted fact who made a representation and the reason the person is unavailable to give evidence about the asserted fact; and

the name of the person who saw, heard or otherwise perceived the representation; and

details of the representation and the circumstances in which it was made.

The directions judge under section 590AA or trial judge may fix a time for compliance with subsection (1).sch 1 pt 8 ch 62 ch div 4 s 590C ins 2000 No. 43 s 29amd 2003 No. 55 s 17Chapter division 4ADisclosure obligation directionssch 1 pt 8 ch 62 ch div 4A hdg ins 2010 No. 26 s 35590DPurpose and scope of ch div 4A

This chapter division makes particular provision for disclosure obligation directions.

This chapter division does not affect—

any other power a court has in relation to a failure to comply with a disclosure obligation, including, for example, to exclude evidence if it would be unfair to an accused person to admit the evidence; or

any other action that may be taken against a party in relation to a failure to comply with a disclosure obligation.

This chapter division does not limit the making of practice directions by the Chief Justice or Chief Judge about disclosure in a proceeding.sch 1 pt 8 ch 62 ch div 4A s 590D ins 2010 No. 26 s 35590EDefinitions for ch div 4AIn this chapter division—arresting officer has the same meaning it has in chapter division 3.disclosure obligation means—

the obligation of the prosecution, for the purposes of a relevant proceeding under chapter division 3, to comply with the requirements of that chapter division for disclosure, other than the obligation to comply with a disclosure direction as defined in section 590AV; or

the obligation of an accused person to comply with requirements of chapter division 4 for disclosure.

disclosure obligation direction means a direction or ruling under section 590AA(2)(ba), to the extent it relates to compliance with a disclosure obligation.party, to a proceeding, means—

an accused person who is charged with an offence the subject of the proceeding; or

the prosecution in relation to an offence the subject of the proceeding.

prosecution has the same meaning it has in chapter division 3.sch 1 pt 8 ch 62 ch div 4A s 590E ins 2010 No. 26 s 35590FSubject matter for disclosure obligation direction

A disclosure obligation direction may provide for any of the following—

whether a party to a proceeding has a disclosure obligation in relation to another party to the proceeding;

requiring that a particular thing must be disclosed;

allowing the court to inspect a particular thing to decide whether the court should further direct that a party has a disclosure obligation in relation to the thing;

allowing the court to examine the arresting officer to decide whether the prosecution has a disclosure obligation in relation to a particular thing;

requiring that the arresting officer file an affidavit to allow the court to decide whether the prosecution has a disclosure obligation in relation to a particular thing;

allowing the accused person or a lawyer acting for the accused person to cross-examine the arresting officer on an affidavit mentioned in paragraph (e) to allow the court to decide whether the prosecution has a disclosure obligation in relation to a particular thing;

how a disclosure obligation is to be complied with in a particular case;

setting a timetable for compliance with a disclosure obligation.

Subsection (1) does not limit section 590AA(2)(ba).

The court may make a disclosure obligation direction on the conditions, whether about the circumstances of disclosure or otherwise, it considers appropriate.

If a date is set for the commencement of the hearing of evidence in the proceeding, any examination or cross-examination allowed for in a disclosure obligation direction must be conducted before that date.

If a person is examined by the court as provided for in subsection (1)(d), required to file an affidavit as provided for in subsection (1)(e) or cross-examined as provided for in subsection (1)(f), the person is not excused from failing to answer a question or file an affidavit on the ground that the answer or affidavit might tend to incriminate the person because the person would be required to admit to a failure to comply with a disclosure obligation.

However, the answer or affidavit is not admissible against the person in a criminal proceeding, other than a perjury proceeding in relation to the answer or affidavit.

In this section—perjury proceeding, in relation to an answer or affidavit, means a proceeding in which the falsity or misleading nature of the answer or affidavit is relevant.sch 1 pt 8 ch 62 ch div 4A s 590F ins 2010 No. 26 s 35590GApplication for disclosure obligation direction

The procedures applying in relation to an application under section 590AA(1) by a party to a proceeding for a disclosure obligation direction are stated in the Criminal Practice Rules 1999, chapter 9A.

To the greatest practicable extent, the procedures apply in addition to, and do not limit, the procedures applying under the Criminal Practice Rules 1999, chapter 9.

The existence of the procedures mentioned in subsection (1) is not intended to stop either party to a proceeding from writing to, or otherwise communicating information to, the other party to resolve issues arising over a disclosure obligation.sch 1 pt 8 ch 62 ch div 4A s 590G ins 2010 No. 26 s 35Chapter division 5Bringing on trial and ordering adjournmentsch 1 pt 8 ch 62 ch div 5 hdg ins 2003 No. 55 s 18591Accelerating trial of persons not under committalWhen an indictment is presented in any court against any person who has not been committed for trial or held to bail upon the charge set forth in the indictment, and the accused person is not brought to trial within a year after the indictment is presented, the court may, upon the application of the accused person or any of the accused persons, if more than 1, authorise the accused person to bring on the trial, and the accused person may bring on the trial accordingly, unless in the meantime the court is informed that the Crown will not further proceed upon the indictment.592Adjournment of trial

The court to which a person has been committed or remanded for trial on indictment or before which an indictment is presented may, if it thinks fit, adjourn the trial and may remand the accused person accordingly.

A trial may be adjourned whether or not—

the accused person is present; or

the accused person has been called upon to plead to the indictment; or

a jury has been sworn; or

evidence has been given.

The Crown shall, where it is proposed to make application for an adjournment in the absence of an accused person who is detained in a place of legal detention, notify in writing that accused person—

that the application is to be made and the nature, date, time and place thereof; and

that the accused person may furnish to the court a statement in writing in relation to the application; and

that the accused person may be represented by counsel on the hearing of the application.

For the purposes of this section—adjourn the trial includes postpone the trial in a case where the accused person has not been called upon to plead to the indictment.sch 1 pt 8 ch 62 ch div 5 s 592 sub 1975 No. 27 s 23amd 2005 No. 70 s 166 sch593Directions as to trial upon adjournment

Where the trial of a person charged or to be charged with an offence on indictment is adjourned, the court in open court may direct the trial to be held at a later sittings of the same court or before some other court of competent jurisdiction.

Upon a direction in the latter case, the indictment and other proceedings shall be transmitted by the proper officer of the court giving the direction to the proper officer of the court to which the accused person is remanded and the latter court has the same jurisdiction to try the accused person as if the person had been committed originally to be tried before it.

Where the court directs a trial to be held at a later sittings of the same court, it shall at the same time pronounce the time and place for the commencement of the sittings to which the trial is adjourned.sch 1 pt 8 ch 62 ch div 5 s 593 sub 1975 No. 27 s 24593AWarrant to bring witness before court

This section applies if an indictment has been presented against a person before a court.

If the court is satisfied by evidence on oath that—

a witness has evaded service of a subpoena; or

a witness is likely to evade service of a subpoena;

the court may make an order for the issue of a warrant to bring the witness before the court at a time and place stated in the warrant.sch 1 pt 8 ch 62 ch div 5 s 593A ins 1975 No. 27 s 25amd 1977 No. 13 s 17sub 1980 No. 35 s 4 (1) sch 1; 2008 No. 59 s 28593Bsch 1 pt 8 ch 62 ch div 5 s 593B ins 1975 No. 27 s 25amd 1988 No. 13 s 18om 1980 No. 35 s 4 (1) sch 1Chapter division 6Corporation as accused personsch 1 pt 8 ch 62 ch div 6 hdg ins 2003 No. 55 s 21594APresence in court and plea where accused person is a corporation

Where an indictment is presented against a corporation in respect of an indictable offence, the corporation may be present in court by its representative and it may, on arraignment, enter a plea in writing by its representative.

Any plea so entered by the representative shall for all purposes be taken to be a plea entered by the corporation.

If the corporation is not present in court by its representative or if, though it is so present, it does not enter a plea in writing by its representative, the court shall order a plea of not guilty to be entered on behalf of the corporation.

A plea so entered has the same effect as if it had been actually pleaded, and the trial of the corporation may proceed accordingly.

In respect of a trial, any requirement by law that anything shall be done in the presence of the accused person or shall be read or said to or asked of the accused person shall, in the case of a corporation present in court by its representative, be construed as a requirement that that thing shall be done in the presence of the representative or read or said to or asked of the representative.

If the corporation is not present in court by its representative, it shall not be necessary for the thing to be done or read or said or asked.

Where, in respect of a trial, anything is required to be done or said by the accused person personally, it may, in the case of a corporation present in court by its representative, be done or said by the representative, and anything so done or said shall for all purposes be taken to be done or said by the corporation.

Nothing contained in subsection (4) limits the provisions of subsection (1) or (1A) or the provisions of section 616.

In this section—representative means a person appointed by the corporation to represent it for the purposes of this section; but a person so appointed is not, by virtue only of being so appointed, qualified to act on behalf of the corporation before the court for any other purpose.

A representative need not be appointed under the seal of the corporation; and a statement in writing purporting to be signed by a managing director of the corporation or by any other person (by whatever name called) having, or being one of the persons having, the management of the affairs of the corporation to the effect that the person named in the statement has been appointed as the representative of the corporation for the purposes of this section shall be admissible without further proof as prima facie evidence that that person has been so appointed.sch 1 pt 8 ch 62 ch div 6 s 594A ins 1978 No. 10 s 6Chapter division 7Applications by accused person about indictmentsch 1 pt 8 ch 62 ch div 7 hdg ins 2003 No. 55 s 22595Delivery of copy of indictmentWhen an indictment is presented against any person, the court is required, upon the person’s application, to order a copy of the indictment to be delivered to the person without fee.596Motion to quash indictment

The accused person may before pleading apply to the court to quash the indictment on the ground that it is calculated to prejudice or embarrass the person in the person’s defence to the charge, or that it is formally defective.

Upon such motion the court may quash the indictment, or may order it to be amended in such manner as the court thinks just, or may refuse the motion.597MisnomerIf the accused person says that the person is wrongly named in the indictment, the court may, on being satisfied by affidavit or otherwise of the error, order the indictment to be amended.Chapter division 8Separate trialssch 1 pt 8 ch 62 ch div 8 hdg ins 2003 No. 55 s 23597ASeparate trials where 2 or more charges against the same person

Where before a trial or at any time during a trial the court is of opinion that the accused person may be prejudiced or embarrassed in the person’s defence by reason of the person’s being charged with more than 1 offence in the same indictment or that for any other reason it is desirable to direct that the person should be tried separately for any 1 or more than 1 offence charged in an indictment the court may order a separate trial of any count or counts in the indictment.

In considering potential prejudice, embarrassment or other reason for ordering separate trials under this provision in relation to alleged offences of a sexual nature, the court must not have regard to the possibility that similar fact evidence, the probative value of which outweighs its potentially prejudicial effect, may be the result of collusion or suggestion.

The court may discharge a jury sworn from giving a verdict on the count or counts directed to be tried separately.

The procedure on the separate trial of a count shall be the same in all respects as if the count had been set out in a separate indictment.

The court may adjourn a separate trial, remand the accused person and make such orders as to bail and otherwise as the court thinks fit.

For the purposes of this section—adjourn a separate trial includes postpone a separate trial in a case where the accused person has not been called upon to plead to a count in an indictment.sch 1 pt 8 ch 62 ch div 8 s 597A ins 1976 No. 25 s 16amd 1980 No. 35 s 4 (1) sch 1; 1997 No. 3 s 110; 2008 No. 59 s 29597BSeparate trialsWhen 2 or more persons are charged in the same indictment, whether with the same offence or with different offences, the court may, at any time during the trial, on the application of any of the accused persons, direct that the trial of the accused persons or any of them shall be had separately from the trial of the other or others of them, and for that purpose may, if a jury has been sworn, discharge the jury from giving a verdict as to any of the accused persons.sch 1 pt 8 ch 62 ch div 8 s 597B (prev s 606) reloc and renum 2003 No. 55 s 25Chapter division 9Pleassch 1 pt 8 ch 62 ch div 9 hdg ins 2003 No. 55 s 24597CAccused person to be called on to plead to indictment

On the presentation of the indictment or at any later time, the accused person is to be informed in open court of the offence with which he or she is charged, as set forth in the indictment, and is to be called upon to plead to the indictment, and to say whether he or she is guilty or not guilty of the charge.

If the indictment contains more than one count, a plea to any number of counts may, with the consent of the accused person, be taken at one and the same time on the basis that the plea to one count will be treated as a plea to any number of similar counts on the same indictment.

The trial is deemed to begin and the accused person is deemed to be brought to trial when the person is so called upon.

The court may allow anything that must or may be done in relation to the arraignment of the accused person to be done over an audiovisual link or audio link, if the court considers use of the link is in the interests of justice.

However, the court may not allow the use of an audiovisual link or audio link under subsection (4) if facilities mentioned in subsection (5A)(a) are not available at the court or the place where the accused person is present.

For subsection (4), in deciding whether use of an audio link is in the interests of justice, the court must have regard to the desirability of an accused person’s arraignment being done over an audiovisual link, rather than an audio link, if an audiovisual link is available.

For subsection (4), anything done, for the accused person’s arraignment, over an audiovisual link or audio link between the person and the court sitting in open court is taken to be done in open court.

If an accused person’s arraignment is done over an audiovisual link or audio link and the person’s representative in the proceeding is at the place where the court is sitting—

the court and the place where the person is present must make facilities available for private communication between the person and the person’s representative; and

a communication between the person and the person’s representative is as confidential and inadmissible in any proceeding as it would be if it took place between the person and the person’s representative while in each other’s presence.

Subsection (5A)(b) does not limit any other protection applying to the communication.

The provisions of the Evidence Act 1977 relating to the use of an audiovisual link or audio link in criminal proceedings apply for, and are not limited by, subsection (4).sch 1 pt 8 ch 62 ch div 9 s 597C (prev s 594) amd 1975 No. 27 s 26; 1997 No. 3 s 109; 1999 No. 65 s 6amd 2003 No. 55 s 20

reloc and renum 2003 No. 55 s 20

amd 2013 No. 64 s 49598Pleas

If the accused person does not apply to quash the indictment or move for a separate trial of any count or counts of the indictment, the person must either plead to it, or demur to it on the ground that it does not disclose any offence cognisable by the court.

If the accused person pleads, the person may plead either—

that the person is guilty of the offence charged in the indictment, or, with the consent of the Crown, of any other offence of which the person might be convicted upon the indictment; or

that the person is not guilty; or

that the person has already been convicted upon an indictment on which the person might have been convicted of the offence with which the person is charged, or has already been convicted of an offence of which the person might be convicted upon the indictment; or

that the person has already been acquitted upon an indictment on which the person might have been convicted of the offence with which the person is charged, or has already been acquitted upon indictment of an offence of which the person might be convicted upon the indictment; or

that the person has already been tried and convicted or acquitted of an offence committed or alleged to be committed under such circumstances that the person can not under the provisions of this Code be tried for the offence charged in the indictment; or

that the person has received the Royal pardon for the offence charged in the indictment; or

that the court has no jurisdiction to try the person for the offence.

Two or more pleas may be pleaded together, except that the plea of guilty can not be pleaded with any other plea to the same charge.

An accused person may plead and demur together.sch 1 pt 8 ch 62 ch div 9 s 598 amd 1976 No. 25 s 17599Defence of justification for defamation to be specially pleadedA person charged with the offence defined in section 365, who sets up as a defence the modified statutory defence of justification within the meaning of that section, must plead that defence specially, and may plead it with any other plea, except the plea of guilty.sch 1 pt 8 ch 62 ch div 9 s 599 sub 2005 No. 55 s 48 sch 4600Persons committed for sentence

When a person has been committed by a justice for sentence for an offence, the person is to be called upon to plead to the indictment in the same manner as other persons, and may plead either that the person is guilty of the offence charged in the indictment or, with the consent of the Crown, of any other offence of which the person might be convicted upon the indictment.

If the person pleads not guilty, the court, upon being satisfied that the person duly admitted before the justice that the person was guilty of the offence charged in the indictment, is to direct a plea of guilty to be entered, notwithstanding the person’s plea of not guilty.

A plea so entered has the same effect as if it had been actually pleaded.

If the court is not so satisfied, or if, notwithstanding that the accused person pleads guilty, it appears to the court upon examination of the depositions of the witnesses that the person has not in fact committed the offence charged in the indictment or any other offence of which the person might be convicted upon the indictment, the plea of not guilty is to be entered, and the trial is to proceed as in other cases when that plea is pleaded.

A person who has been committed for sentence may plead any of the other pleas mentioned in section 598.601Standing mute

If an accused person, on being called upon to plead to an indictment, will not plead or answer directly to the indictment, the court may, if it thinks fit, order a plea of not guilty to be entered on behalf of the accused person.

A plea so entered has the same effect as if it had been actually pleaded.602Plea of autrefois convict or autrefois acquitIn a plea that the accused person has already been convicted or acquitted, it is sufficient to state that the accused person has been lawfully convicted or acquitted, as the case may be, of the offence charged in the indictment, or of the other offence of which the person alleges that the person has been convicted or acquitted, and, in the latter case, to describe the offence by any term by which it is commonly known.603Trial on plea to the jurisdictionUpon a plea to the jurisdiction of the court, the court is to proceed to satisfy itself in such manner and upon such evidence as it thinks fit, whether it has jurisdiction or not, and may ascertain the fact by the verdict of a jury or otherwise.604Trial by jury

Subject to chapter division 9A and subsection (2), if the accused person pleads any plea or pleas other than the plea of guilty, a plea of autrefois acquit or autrefois convict or a plea to the jurisdiction of the court, the person is by such plea, without any further form, deemed to have demanded that the issues raised by such plea or pleas shall be tried by a jury, and is entitled to have them tried accordingly.

Issues raised by a plea of autrefois acquit or autrefois convict must be tried by the court.sch 1 pt 8 ch 62 ch div 9 s 604 amd 1997 No. 3 s 111; 2008 No. 50 s 4605Demurrer

When an accused person demurs only and does not plead any plea, the court is to proceed to hear and determine the matter forthwith.

If the demurrer is overruled, the accused person is to be called upon to plead to the indictment.

When an accused person pleads and demurs together, it is in the discretion of the court whether the plea or demurrer shall be first disposed of.

No joinder in demurrer is necessary.608sch 1 pt 8 ch 62 ch div 9 s 608 om 1995 No. 42 s 76 sch 2609sch 1 pt 8 ch 62 ch div 9 s 609 om 1995 No. 42 s 76 sch 2610sch 1 pt 8 ch 62 ch div 9 s 610 om 1995 No. 42 s 76 sch 2611sch 1 pt 8 ch 62 ch div 9 s 611 om 1995 No. 42 s 76 sch 2612sch 1 pt 8 ch 62 ch div 9 s 612 om 1995 No. 42 s 76 sch 2613Want of understanding of accused person

If, when the accused person is called upon to plead to the indictment, it appears to be uncertain, for any reason, whether the person is capable of understanding the proceedings at the trial, so as to be able to make a proper defence, a jury of 12 persons, to be chosen from the panel of jurors, are to be empanelled forthwith, who are to be sworn to find whether the person is so capable or no.

If the jury find that the accused person is capable of understanding the proceedings, the trial is to proceed as in other cases.

If the jury find that the person is not so capable they are to say whether the person is so found by them for the reason that the accused person is of unsound mind or for some other reason which they shall specify, and the finding is to be recorded, and the court may order the accused person to be discharged, or may order the person to be admitted to an authorised mental health service to be dealt with under the Mental Health Act 2016.

A person so found to be incapable of understanding the proceedings at the trial may be again indicted and tried for the offence.sch 1 pt 8 ch 62 ch div 9 s 613 amd 1961 10 Eliz 2 No. 11 s 29; 2016 No. 5 s 869Chapter division 9ATrial by judge alonesch 1 pt 8 ch 62 ch div 9A hdg ins 2008 No. 50 s 5614Application for order

If an accused person is committed for trial on a charge of an offence or charged on indictment of an offence, the prosecutor or the accused person may apply to the court for an order (no jury order) that the accused person be tried by a judge sitting without a jury.

The application must be made under section 590AA before the trial begins.

If the identity of the trial judge is known to the parties when the application is decided, a no jury order may be made only if the court is satisfied there are special reasons for making it.

Subsection (3) does not limit section 615 or any other restriction on making a no jury order imposed by this chapter division.

The court may inform itself in any way it considers appropriate in relation to the application.

For subsection (2), the trial begins when the jury panel attends before the court.sch 1 pt 8 ch 62 ch div 9A s 614 prev s 614 om 1995 No. 42 s 76 sch 2pres s 614 ins 2008 No. 50 s 5615Making a no jury order

The court may make a no jury order if it considers it is in the interests of justice to do so.

However, if the prosecutor applies for the no jury order, the court may only make the no jury order if the accused person consents to it.

If the accused person is not represented by a lawyer, the court must be satisfied that the accused person properly understands the nature of the application.

Without limiting subsection (1), (2) or (3), the court may make a no jury order if it considers that any of the following apply—

the trial, because of its complexity or length or both, is likely to be unreasonably burdensome to a jury;

there is a real possibility that acts that may constitute an offence under section 119B would be committed in relation to a member of a jury;

there has been significant pre-trial publicity that may affect jury deliberations.

Without limiting subsection (1), the court may refuse to make a no jury order if it considers the trial will involve a factual issue that requires the application of objective community standards including, for example, an issue of reasonableness, negligence, indecency, obscenity or dangerousness.sch 1 pt 8 ch 62 ch div 9A s 615 prev s 615 om 1995 No. 42 s 76 sch 2pres s 615 ins 2008 No. 50 s 5615AMore than 1 charge or accused person

If an accused person is charged with 2 or more charges that are to be tried together, the court must not make a no jury order in relation to 1 of the charges unless the court also makes a no jury order in relation to each other charge.

If 2 or more accused persons are to be tried together, the court must not make a no jury order in relation to 1 of the accused persons unless the court also makes a no jury order in relation to each other accused person.

To remove any doubt, it is declared that—

each of the accused persons must consent to the making of the no jury order; and

the making of an order for a separate trial under section 597A or the giving of a direction about the separate trial of an accused person under section 597B does not prevent the making of a no jury order.

sch 1 pt 8 ch 62 ch div 9A s 615A ins 2008 No. 50 s 5615BLaw and procedure to be applied

In a trial by a judge sitting without a jury, the judge must apply, so far as is practicable, the same principles of law and procedure as would be applied in a trial before a jury.

In a trial by a judge sitting without a jury, the judge may view a place or thing.

If an Act or the common law—

requires information or a warning or instruction to be given to the jury in particular circumstances; or

prohibits a warning from being given to a jury in particular circumstances;

the judge in a trial by a judge sitting without a jury must take the requirement or prohibition into account if the circumstances arise in the course of the trial.sch 1 pt 8 ch 62 ch div 9A s 615B ins 2008 No. 50 s 5615CJudge’s verdict and judgment

In a trial by a judge sitting without a jury—

the judge may make any findings and give any verdict that a jury could have made or given if the trial had been before a jury; and

any finding or verdict of the judge has, for all purposes, the same effect as a finding or verdict of a jury.

Without limiting subsection (1), chapter 67 applies with all necessary changes in relation to a person to be tried, being tried, or tried by a judge sitting without a jury in the same way as it applies to persons tried by a judge sitting with a jury.

The judgment of the judge in a trial by a judge sitting without a jury must include the principles of law that he or she has applied and the findings of fact on which he or she has relied.

The validity of the proceeding is not affected by a trial judge’s failure to comply with subsection (3).sch 1 pt 8 ch 62 ch div 9A s 615C ins 2008 No. 50 s 5615DParticular proceedings excluded from applicationThis chapter division does not apply to—

a trial on indictment before a Childrens Court judge; orNote—See also Youth Justice Act 1992, part 6.

a trial on indictment of any offence against a law of the Commonwealth.

sch 1 pt 8 ch 62 ch div 9A s 615D ins 2008 No. 50 s 5amd 2009 No. 34 s 45 (1) sch pt 1 amdt 12615EReferences to trial by jury

In an Act, a reference to the trial of a person by jury, however expressed, includes, unless the contrary intention appears, a reference to the trial of the person by a judge sitting without a jury under this chapter division.

In an Act, a reference to a jury in the trial of a person, however expressed, includes, unless the contrary intention appears, a reference to a judge sitting without a jury under this chapter division.sch 1 pt 8 ch 62 ch div 9A s 615E ins 2008 No. 50 s 5Chapter division 10Appearances and fair conductsch 1 pt 8 ch 62 ch div 10 hdg ins 2003 No. 55 s 27616Defence by counsel

Every person charged with an offence is entitled to make the person’s defence at the person’s trial and to have the witnesses examined and cross-examined by the person’s counsel.

In this section—counsel includes any person entitled to audience as an advocate.617Presence of accused

Subject to this section the trial must take place in the presence of the accused person.

If an accused person so conducts himself or herself as to render the continuance of the proceedings in the person’s presence impracticable, the court may order the person to be removed and may direct the trial to proceed in the person’s absence.

Where 2 or more accused persons are charged in the 1 indictment, if it is made to appear to the court that any of them is unable to be present by reason of the person’s illness or infirmity, the court may permit the person to be absent during the whole or any part of the trial if it is satisfied—

that the interests of the accused person will not be prejudiced by the trial proceeding in the person’s absence; and

that the interests of justice require that the trial should proceed in the person’s absence.

The court may in any case permit a person charged with a misdemeanour to be absent during the whole or any part of the trial on such conditions as it thinks fit.

If an accused person absents himself or herself during the trial without leave, the court may direct a warrant to be issued to arrest the person and bring the person before the court forthwith.sch 1 pt 8 ch 62 ch div 10 s 617 sub 1982 No. 34 s 2617AJuriesThe law respecting the qualifications of jurors and the summoning of jurors to attend for the trial of persons charged with indictable offences, and the challenges allowed to such persons, is set forth in the laws relating to juries and jurors.sch 1 pt 8 ch 62 ch div 10 s 617A (prev s 607) reloc and renum 2003 No. 55 s 26Chapter division 11Trial of issuessch 1 pt 8 ch 62 ch div 11 hdg ins 2003 No. 55 s 28618Evidence in defenceAt the close of the evidence for the prosecution the proper officer of the court shall ask the accused person whether the person intends to adduce evidence in the person’s defence.sch 1 pt 8 ch 62 ch div 11 s 618 sub 1961 10 Eliz 2 No. 11 s 30; 1975 No. 27 s 27618Asch 1 pt 8 ch 62 ch div 11 s 618A ins 1961 10 Eliz 2 No. 11 s 31om 1977 No. 47 s 3 (7) sch 1 pt G619Speeches by counsel

Before any evidence is given at the trial of an accused person the counsel for the Crown is entitled to address the jury for the purpose of opening the evidence intended to be adduced for the prosecution.

If the accused person or any of the accused persons, if more than 1, is defended by counsel, and if such counsel or any of such counsel says that the accused person does not intend to adduce evidence, the counsel for the Crown is entitled to address the jury a second time for the purpose of summing up the evidence already given against such accused person or persons for whom evidence is not intended to be adduced.

At the close of the evidence for the prosecution the accused person, and each of the accused persons, if more than 1, may by himself, herself or the person’s counsel address the jury for the purpose of opening the evidence (if any) intended to be adduced for the defence, and after the whole of the evidence is given may again address the jury upon the whole case.

If evidence is adduced for an accused person, the counsel for the Crown is entitled to reply.

If evidence is adduced for 1 or more of several accused persons, but not for all of them, the counsel for the Crown is entitled to reply with respect to the person or persons by whom evidence is so adduced, but not with respect to the other or others of them.

However, a Crown Law Officer is entitled to reply in all cases, whether evidence is adduced by any accused person or not.sch 1 pt 8 ch 62 ch div 11 s 619 amd 1975 No. 27 s 28620Summing up

After the evidence is concluded and the counsel or the accused person or persons, as the case may be, have addressed the jury, it is the duty of the court to instruct the jury as to the law applicable to the case, with such observations upon the evidence as the court thinks fit to make.

After the court has instructed the jury they are to consider their verdict.621sch 1 pt 8 ch 62 ch div 11 s 621 amd 1922 13 Geo 5 No. 2 s 3(xvii); 1971 No. 41 s 7; 1973 No. 53 s 2om 1995 No. 42 s 76 sch 2622sch 1 pt 8 ch 62 ch div 11 s 622 amd 1976 No. 39 s 38om 1995 No. 42 s 76 sch 2623sch 1 pt 8 ch 62 ch div 11 s 623 om 1995 No. 42 s 76 sch 2624Special verdictIn any case in which it appears to the court that the question whether an accused person ought or ought not to be convicted of an offence may depend upon some specific fact, or that the proper punishment to be awarded upon conviction may depend upon some specific fact, the court may require the jury to find that fact specially.625General verdict on charge of defamationNotwithstanding the provisions of section 624, the jury, on the trial of a person charged with the offence defined in section 365, may give a general verdict of guilty or not guilty upon the whole matter in issue, in like manner as in other cases.sch 1 pt 8 ch 62 ch div 11 s 625 amd 2005 No. 55 s 48 sch 4626sch 1 pt 8 ch 62 ch div 11 s 626 om 1995 No. 42 s 76 sch 2627sch 1 pt 8 ch 62 ch div 11 s 627 om 1995 No. 42 s 76 sch 2628sch 1 pt 8 ch 62 ch div 11 s 628 amd 1976 No. 39 s 39sub 1982 No. 59 s 3om 1995 No. 42 s 76 sch 2629sch 1 pt 8 ch 62 ch div 11 s 629 om 1995 No. 42 s 76 sch 2Chapter division 12Other provisionssch 1 pt 8 ch 62 ch div 12 hdg ins 2003 No. 55 s 29630Procedure on charge of an offence committed after previous conviction

The proceedings upon an indictment for committing an offence after a previous conviction or convictions are required to be as follows, that is to say—

the accused person is in the first instance to be called upon to plead to so much only of the indictment as charges the subsequent offence;

if the accused person pleads any plea which raises an issue to be tried by a jury, the jury are to be charged in the first instance to inquire concerning the subsequent offence only;

if the accused person pleads guilty, or if upon trial the accused person is convicted of the subsequent offence, the person is then, and not before, to be asked whether the person had been previously convicted as alleged in the indictment;

if the accused person answers that the person had been so previously convicted, the court may proceed to pass sentence upon the person accordingly;

if the accused person denies that the person had been so previously convicted, or will not answer directly to the question, the jury are then to be charged to inquire concerning the previous conviction or convictions; and in that case it is not necessary that the jury should be sworn afresh, but the oath already taken by them is deemed to extend to such last mentioned inquiry.

However, if on the trial of a person charged with a subsequent offence, the person offers evidence of the person’s good character, the Crown may, in answer thereto, and before any verdict is given, offer evidence of the person’s conviction of the previous offence or offences, and in that case the jury are required to inquire concerning the previous conviction or convictions at the same time that they inquire concerning the subsequent offence.631Further pleas

When the issues raised by any plea or pleas, except the plea of not guilty, have been found against an accused person who has not pleaded the plea of not guilty, the person is to be called upon to plead afresh, and, if those issues have been tried by a jury, the court may direct the issues raised by any fresh plea to be tried by the same jury or by another jury.

If the court directs them to be tried by the same jury, it is not necessary that the jury should be sworn afresh, but the oath already taken by them is to be deemed to extend to the trial of such fresh issues.631APlea of guilty during trial

If, at any time before the jury returns its verdict, the accused person informs the court that—

he or she wishes to change his or her plea to one of guilty of the offence charged in the indictment; or

he or she wishes to plead guilty to any other offence of which he or she might be convicted upon the indictment;

the court—

in the case referred to in paragraph (a)—may direct that the accused person be again called upon in open court to plead to the indictment, and to say whether he or she is guilty or not guilty of the offence charged; or

in the case referred to in paragraph (b)—may direct, with the consent of the Crown, that the accused person be called upon in open court to plead to any other offence of which he or she might be convicted upon the indictment, and to say whether he or she is guilty or not guilty of that offence.

It is not necessary for the plea to be taken in the jury’s presence.

If the accused person does not plead guilty to the offence charged in the indictment or, in the circumstances described in subsection (1)(d), to another offence, the trial shall proceed.

If the accused person pleads guilty to the offence charged in the indictment or, in the circumstances described in subsection (1)(d), to another offence, the jury shall be discharged from giving their verdict in respect of the offence charged in the indictment.

A plea of guilty to an offence made by the accused person in the circumstances described in this section shall have effect as if made by him or her when called upon at the beginning of a trial to plead to an indictment charging him or her with that offence.sch 1 pt 8 ch 62 ch div 12 s 631A ins 1989 No. 17 s 51amd 1997 No. 3 s 112 Chapter 63Evidence—presumptions of fact632Corroboration

A person may be convicted of an offence on the uncorroborated testimony of 1 witness, unless this Code expressly provides to the contrary.

Note—See sections 52 (Sedition), 125 (Evidence on charge of perjury) and 195 (Evidence).

On the trial of a person for an offence, a judge must not direct, warn or suggest to the jury—

that the law regards any class of persons as unreliable witnesses; or

in relation to the uncorroborated evidence of a witness—

that it would be dangerous or unsafe to convict the defendant on the evidence; or

that the evidence should be scrutinised with great care.

Note—See also the Evidence Act 1977, sections 94A, 103ZZB, 132BAA and 132BA.

Subsection (1) or (2) does not prevent a judge from making a comment on the evidence given in the trial that it is appropriate to make in the interests of justice.sch 1 pt 8 ch 63 s 632 sub 1986 No. 1 s 84; 1997 No. 3 s 113amd 2000 No. 43 s 31; 2020 No. 32 s 18; 2024 No. 5 s 18633sch 1 pt 8 ch 63 s 633 om 1997 No. 3 s 120 sch 1634Evidence on trials for perjury and subornationOn the trial of a person charged with an offence of which the giving of false testimony by any person at the trial of a person charged with an offence is an element, a certificate setting out the substance and effect only, without the formal parts, of the indictment or complaint, and the proceedings at the trial, and purporting to be signed by the officer having the custody of the records of the court where the indictment or complaint was tried, or by the officer’s deputy, is sufficient evidence of the trial, without proof of the signature or official character of the person who appears to have signed the certificate.635Evidence of previous conviction

On the trial of a person charged with an offence alleged to have been committed after a previous conviction, a certificate setting out the substance and effect only, without the formal parts, of the indictment, verdict, and judgment, or of the complaint and conviction, purporting to be signed by the officer having the custody of the records of the court where the accused person was first convicted, or by the officer’s deputy is, upon proof of the identity of the person of the offender, sufficient evidence of the conviction, without proof of the signature or official character of the person who appears to have signed the certificate.

If the previous conviction was a summary conviction, the conviction is presumed not to have been appealed against until the contrary is shown.636Evidence of blood relationship

In this section—blood relationship means the blood relationship existing between a person charged with a prescribed offence and the person in respect of whom or, as the case may be, with whom a prescribed offence is alleged to have been committed.prescribed offence means an offence—

defined in section 222; or

defined in section 210 or 216(2) where it is alleged as a circumstance of aggravation that the offence was committed in respect of a child under the age of 16 years who is the lineal descendant of the person charged.

On the trial of a person charged with a prescribed offence—

blood relationship is sufficiently proved by proof that the relationship is reputed to exist and it is not necessary to prove that the person charged or the person in respect of whom or with whom the prescribed offence is alleged to have been committed or any person (living or dead) upon whom the blood relationship depends was born in lawful wedlock; and

the person charged is, until the contrary is proved, presumed to have had knowledge at the time the prescribed offence is alleged to have been committed of the blood relationship.

sch 1 pt 8 ch 63 s 636 amd 1943 7 Geo 6 No. 14 s 24sub 1989 No. 17 s 52amd 1997 No. 3 s 114; 2005 No. 70 s 166 sch; 2008 No. 55 s 117; 2016 No. 50 s 11637sch 1 pt 8 ch 63 s 637 om 2005 No. 70 s 60638Evidence of authorityThe averment in an indictment that the prosecution is instituted by the direction of or with the consent of a Crown Law Officer, or with the consent of the Attorney-General, or with the consent of the director of public prosecutions, or at the request of the Government of any State, is sufficient evidence of the fact, until the contrary is shown.sch 1 pt 8 ch 63 s 638 amd 1986 No. 1 s 85; 2005 No. 55 s 48 sch 4639Averments about public officers and public service officers or employeesOn the trial of a person charged with any offence of which the fact that some person was at some particular time a public officer or public service officer or employee is an element, the averment in the indictment or complaint that any person therein mentioned was a public officer or public service officer or employee at any time therein stated is sufficient evidence of the fact, until the contrary is shown.sch 1 pt 8 ch 63 s 639 amd 1997 No. 3 s 115640sch 1 pt 8 ch 63 s 640 reloc (as 1889 53 Vic No. 12 s 36) 1995 No. 37 s 459 (2) sch 3 pt 1 div 2641Evidence on certain charges of stealing money

On the trial of a person charged with stealing, while employed in the public service, money which was the property of the Sovereign, or which came into the person’s possession by virtue of the person’s employment, or charged with stealing, while a clerk or servant, money which was the property of the person’s employer or which came into the person’s possession on account of the person’s employer or being a trustee within the meaning of the Trust Accounts Act 1973 charged with stealing money of which the person is a trustee on behalf of any other person, an entry in any book of account kept by the accused person, or kept in, under, or subject to, the person’s charge or supervision, purporting to be an entry of the receipt of any money, is evidence that the money so purporting to have been received was so received by the person.

On the trial of a person charged with any such offence, it is not necessary to prove the stealing by the accused person of any specific sum of money, if, on examination of the books of account or entries kept or made by the person, or kept or made in, under, or subject to, the person’s charge or supervision, or by any other evidence, there is proof of a general deficiency, and if the jury are satisfied that the accused person stole the deficient money or any part of it.

And on the trial of a person charged with any offence as a trustee referred to in subsection (1), the ownership of or the right, title, use or benefit in, to or of the money the subject matter of the charge may be laid in the indictment in the name of any one or other of the persons (the beneficiaries) of whose money the person charged is the trustee as aforesaid specifying any one of the beneficiaries by name with the addition of the words ‘and others’, and it is immaterial whether or not the evidence establishes that the said money was the property of any specific one of the beneficiaries, or that the right, title, use or benefit in, to or of the said money was in any specific one of the beneficiaries and the indictment will be sustained so far as regards that allegation upon proof that the property in, or the right, title, use or benefit in, to or of the money was in one or other of the beneficiaries without ascertaining which of them.

For subsection (1) or (3), the reference to a trustee within the meaning of the Trust Accounts Act 1973 includes a legal practitioner associate of a law practice, within the meaning of the Legal Profession Act 2007, if part 3.3 of the Legal Profession Act 2007 applies to the law practice.sch 1 pt 8 ch 63 s 641 amd 1945 9 Geo 6 No. 11 s 12; 2007 No. 24 s 770 sch 1; 2008 No. 55 s 118; 2024 No. 6 s 36 sch 1642Evidence on charges relating to seals and stampsOn the trial of a person charged with any offence relating to any seal or stamp used for the purposes of the public revenue, or of the post office, in any part of the Sovereign’s dominions or in any foreign state, a dispatch from 1 of the Sovereign’s Principal Secretaries of State, transmitting to the Governor any stamp, mark, or impression, and stating it to be a genuine stamp, mark, or impression, of a die, plate, or other instrument, provided, made, or used, by or under the direction of the proper authority of the country in question for the purpose of expressing or denoting any stamp duty or postal charge, is admissible as evidence of the facts stated in the dispatch; and the stamp, mark, or impression, so transmitted may be used by the court and jury and by witnesses for the purposes of comparison.sch 1 pt 8 ch 63 s 642 amd 2024 No. 6 s 36 sch 1643Intention to injure, deceive or defraudOn the trial of a person charged with any offence of which an intent to injure or deceive or defraud, or an intent to enable another person to deceive or defraud, is an element, it is not necessary to prove an intent to injure or deceive or defraud any particular person, or an intent to enable any particular person to deceive or defraud any particular person.sch 1 pt 8 ch 63 s 643 amd 1997 No. 3 s 116644Admissions

An accused person may by himself, herself or the person’s counsel admit on the trial any fact alleged against the person, and such admission is sufficient proof of the fact without other evidence.

The Crown may by its counsel admit on the trial of an accused any fact relevant to the trial where the accused is in agreement with this being done, and such admission is sufficient proof of the fact without other evidence.

In this section—trial also includes, and it is hereby declared to have always included, proceedings before justices dealing summarily with an indictable offence.sch 1 pt 8 ch 63 s 644 amd 1943 7 Geo 6 No. 14 s 25; 1961 10 Eliz 2 No. 11 s 32; 1986 No. 1 s 86644AWitness giving incriminating answers

A person who is called as a witness in any proceeding for an offence against section 59, 60, 87, 98C, 101, 118, 120, 121, 122, 127 or 133, must not be excused from answering any question relating to the offence on the ground that the answer to the question may incriminate or tend to incriminate himself or herself.

An answer to a question in a proceeding to which this section applies is not admissible in evidence against the person giving the answer other than in the proceeding or in a prosecution for perjury in respect of the answer.sch 1 pt 8 ch 63 s 644A ins 1997 No. 3 s 117amd 2008 No. 55 s 119 Chapter 63ANon-attendance of witnesssch 1 pt 8 ch 63A hdg ins 2011 No. 45 s 114644BNon-attendance of individual

This section applies if an individual fails to comply with a subpoena or order of a court requiring attendance to give evidence or produce a document or thing to the court or a person having authority to take evidence for the court.

The court may make an order for the issue of a warrant for—

the arrest of the individual; and

the production of the individual as required by the subpoena or order for the purpose of the proceeding; and

the detention in custody of the individual until released by the court.

The court may order an individual who did not attend as required by the subpoena or order to pay the costs and expenses wasted by, or resulting from, noncompliance with the subpoena or order.sch 1 pt 8 ch 63A s 644B ins 2011 No. 45 s 114644CNon-attendance of corporation

This section applies if a corporation or an officer of the corporation fails to comply with a subpoena or order of a court requiring attendance to give evidence or produce a document or thing to the court or a person having authority to take evidence for the court.

The court may make an order for the issue of a warrant for—

the arrest of the officer of the corporation to whom the subpoena or order was directed; and

the production of the officer as required by the subpoena or order for the purpose of the proceeding; and

the detention in custody of the officer until released by the court.

However, if the subpoena or order was directed to the ‘proper officer’ of the corporation, the court may make an order for the issue of a warrant for the arrest of a particular officer only if it is proved the officer had received the subpoena or order, or otherwise had actual knowledge of it.

The court may order a corporation that did not attend as required by the subpoena or order to pay the costs and expenses wasted by, or resulting from, noncompliance with the subpoena or order.sch 1 pt 8 ch 63A s 644C ins 2011 No. 45 s 114644DNoncompliance is contempt of court

Failure to comply with a subpoena without lawful excuse is contempt of court and a person who fails to comply may be dealt with for contempt of court.

Nothing in section 644B or 644C affects a court’s power to punish for contempt.sch 1 pt 8 ch 63A s 644D ins 2011 No. 45 s 114 Chapter 64Verdict—judgment645Accused person insane during trial

If on the trial of any person charged with an indictable offence it is alleged or appears that the person is not of sound mind, the jury are to be required to consider the matter, and if the jury find that the person is not of sound mind, the finding is to be recorded, and thereupon the court is required to order the person to be admitted to an authorised mental health service to be dealt with under the Mental Health Act 2016.

A person so found to be not of sound mind may be again indicted and tried for the offence.sch 1 pt 8 ch 64 s 645 amd 1984 No. 66 s 58; 2000 No. 16 s 590 sch 1 pt 2; 2016 No. 5 s 870646Discharge of persons acquittedIf the jury find that the accused person is not guilty, or give any other verdict which shows that the person is not liable to punishment, the person is entitled to be discharged from the charge of which the person is so acquitted.647Acquittal on ground of insanity

However, if, on the trial of a person charged with any indictable offence, it is alleged or appears that the person was not of sound mind at the time when the act or omission alleged to constitute the offence occurred, the jury are to be required to find specially, if they find that the person is not guilty, whether the person was of unsound mind at the time when such act or omission took place, and to say whether the person is acquitted by them on account of such unsoundness of mind; and if they find that the person was of unsound mind at the time when such act or omission took place, and say that the person is acquitted by them on account of such unsoundness of mind, the court is required to order the person to be admitted to an authorised mental health service to be dealt with under the Mental Health Act 2016.

In any such case the Governor, in the name of the Sovereign, may give such order for the safe custody of such person during the Governor’s pleasure, in such place of confinement, and in such manner, as the Governor in Council may think fit.sch 1 pt 8 ch 64 s 647 amd 1984 No. 66 s 59; 2000 No. 16 s 590 sch 1 pt 2; 2016 No. 5 s 871; 2024 No. 6 s 36sch 1648Convicted person to be called on to show causeWhen an accused person pleads that the person is guilty of any offence, and when, upon trial, an accused person is convicted of any offence, the proper officer is required to ask the person whether the person has anything to say why sentence should not be passed upon the person, but an omission to do so does not invalidate the judgment.649Arrest of judgment

A person convicted of an indictable offence, whether on the person’s plea of guilty or otherwise, may at any time before sentence move that judgment be arrested on the ground that the indictment does not disclose any offence.

Upon the hearing of the motion the court may allow any such amendments of the indictment as it might have allowed before verdict.

The court may either hear and determine the motion forthwith or may reserve the question of law for the consideration of the Court of Appeal as hereinafter provided.sch 1 pt 8 ch 64 s 649 amd 1913 4 Geo 5 No. 23 s 2

650SentenceIf a motion to arrest the judgment is not made or is dismissed, the court may pass sentence upon the offender forthwith or make any other order it may make by law instead of passing sentence.sch 1 pt 8 ch 64 s 650 amd 1948 12 Geo 6 No. 48 s 11; 1961 10 Eliz 2 No. 11 s 33; 1980 No. 35 s 4 (1) sch 1sub 1989 No. 17 s 53amd 1992 No. 48 s 207 sch651Court may decide summary offences if a person is charged on indictment

If an indictment has been presented against a person before a court, the court may also, subject to section 652(2) to (4) and subsection (2), hear and decide summarily any charge of a summary offence that has been laid against the person.

The court must not hear and decide the summary offence unless—

the court considers it appropriate to do so; and

the accused person is represented by a lawyer; and

the Crown and the accused consent to the court so doing; and

the accused person states his or her intention of entering a plea of guilty to the charge; and

the complaint or bench charge sheet for the offence, or a copy, is before the court, whether or not returnable before another court.

Subject to this section, the practices of the court and the express provisions of this Code relating to taking a plea on an indictment apply to the taking of a plea to the charge in a complaint or bench charge sheet.

On convicting the person of the summary offence, the court may make any orders in relation to the conviction a Magistrates Court may make.

The power to make rules for the court extends to the making of rules in relation to the practice and procedure to be applied in the hearing and decision summarily of summary offences by the court.

If the court hears and decides a charge summarily, the court has jurisdiction despite the time that has elapsed from the time when the matter of complaint of the charge arose.

In this section—summary offence means—

a simple or regulatory offence; or

an offence for which—

proceedings for a charge of the offence may be taken summarily under the Drugs Misuse Act 1986; and

the prosecution has made an election under section 118 of that Act; or

an indictable offence against this Code if, under section 552A, the prosecution has elected to have a charge for the offence heard and decided summarily; or

an indictable offence against this Code if, under section 552BA, the charge for the offence must be heard and decided summarily.

sch 1 pt 8 ch 64 s 651 orig s 651 om 1922 13 Geo 5 No. 2 s 3

prev s 651 ins 1986 No. 1 s 87om 1992 No. 48 s 207 schpres s 651 ins 1997 No. 3 s 118 (amd 1997 No. 9 s 31)amd 1997 No. 82 s 3 sch; 1999 No. 16 s 2 sch; 1999 No. 19 s 3 sch; 1999 No. 66 s 12; 2002 No. 35 s 13 sch; 2010 No. 26 s 36; 2020 No. 15 s 53652Proceedings to transmit charge for summary offence

A charge for a summary offence may be transmitted to the registry of a court for the purpose of the charge being dealt with under section 651 at any time despite any limitation in any Act as to the time for commencing proceedings for a summary offence.

If a person charged with committing a summary offence wishes to have the offence heard and decided under section 651, the person must make written application to the clerk of the relevant court of summary jurisdiction to take any necessary steps to transmit the relevant complaint or bench charge sheet to the registrar of the court that is to deal with the charge under section 651 (the receiving court).

An application under subsection (2) must be a written statement containing at least the following information—

the charge to be transmitted;

the defendant’s intention to plead guilty to the offence charged;

that the defendant wishes to have the charge transmitted for no other reason than to plead guilty to the charge before the receiving court.

On being satisfied that the application fulfils the requirements of this section the clerk of the relevant court of summary jurisdiction must transmit, by any secure and expeditious means, the relevant complaint or bench charge sheet, or a copy, to the registrar of the receiving court.

On the final decision of the transmitted charge by the receiving court, the registrar of the court must, within 1 calendar month, notify the result of the decision to the clerk of the relevant court of summary jurisdiction from which the charge was transmitted and no further appearance is required in that court by any party to the proceeding.sch 1 pt 8 ch 64 s 652 prev s 652 om 1922 13 Geo 5 No. 2 s 3

pres s 652 ins 1997 No. 3 s 118amd 1997 No. 82 s 3 sch; 1999 No. 16 s 2 sch; 1999 No. 19 s 3 sch; 1999 No. 66 s 13; 2000 No. 46 s 3 sch; 2020 No. 15 s 54653Remission of proceedings to court exercising summary jurisdiction

This section applies if a charge against a person for a summary offence has been transmitted to the registry of a court for the purpose of the charge being dealt with under section 651.

If—

the person states an intention of entering a plea of not guilty before the court to the charge or enters a plea of not guilty before the court to the charge; or

any of the conditions mentioned in section 651(2) are not satisfied; or

the person has been dealt with on the indictment mentioned in section 651(1) before the charge for the summary offence is brought before the court; or

for any other reason the court decides not to deal with the charge;

the court must direct that the charge must be heard by a court exercising summary jurisdiction and order the court registrar to send the relevant court record to the registrar of the court exercising summary jurisdiction.sch 1 pt 8 ch 64 s 653 prev s 653 om 1922 13 Geo 5 No. 2 s 3

pres s 653 ins 1999 No. 66 s 14654sch 1 pt 8 ch 64 s 654 om 1986 No. 1 s 88655sch 1 pt 8 ch 64 s 655 om 1986 No. 1 s 88656sch 1 pt 8 ch 64 s 656 amd 1943 7 Geo 6 No. 14 s 26; 1948 12 Geo 6 No. 48 s 12; 1971 No. 41 s 8; 1988 No. 88 s 5 sch 2om 1992 No. 48 s 207 sch657sch 1 pt 8 ch 64 s 657 om 1992 No. 48 s 207 sch657Asch 1 pt 8 ch 64 s 657A ins 1975 No. 27 s 29om 1992 No. 48 s 207 sch658sch 1 pt 8 ch 64 s 658 om 1992 No. 48 s 207 sch659Effect of summary conviction for indictable offencesWhen a person has been summarily convicted of an indictable offence, the conviction is to be deemed a conviction of a simple offence only, and not of an indictable offence. Chapter 64Asch 1 pt 8 ch 64A hdg ins 1914 5 Geo 5 No. 22 s 2

om 1992 No. 48 s 197

659Asch 1 pt 8 ch 64A s 659A ins 1914 5 Geo 5 No. 22 ss 2(2), 3amd 1945 9 Geo 6 No. 11 s 13; 1961 10 Eliz 2 No. 11 s 34; 1988 No. 88 s 5 sch 2om 1992 No. 48 s 197

659Bsch 1 pt 8 ch 64A s 659B ins 1914 5 Geo 5 No. 22 ss 2(2), 4om 1988 No. 88 s 5 sch 2659Csch 1 pt 8 ch 64A s 659C ins 1914 5 Geo 5 No. 22 ss 2(2), 5om 1988 No. 88 s 5 sch 2659Dsch 1 pt 8 ch 64A s 659D ins 1914 5 Geo 5 No. 22 ss 2(2), 6amd 1988 No. 88 s 5 sch 2om 1992 No. 48 s 197

659Esch 1 pt 8 ch 64A s 659E ins 1914 5 Geo 5 No. 22 ss 2(2), 7om 1988 No. 88 s 5 sch 2659Fsch 1 pt 8 ch 64A s 659F ins 1914 5 Geo 5 No. 22 ss 2(2), 8om 1988 No. 88 s 5 sch 2659Gsch 1 pt 8 ch 64A s 659G ins 1914 5 Geo 5 No. 22 ss 2(2), 9om 1992 No. 48 s 197

659Hsch 1 pt 8 ch 64A s 659H ins 1914 5 Geo 5 No. 22 ss 2(2), 10amd 1988 No. 88 s 5 sch 2om 1992 No. 48 s 197

659Isch 1 pt 8 ch 64A s 659I ins 1914 5 Geo 5 No. 22 ss 2(2), 11om 1988 No. 88 s 5 sch 2 Chapter 65Costs660Costs of prosecution in certain cases

When a person is convicted on indictment of any indictable offence relating to the person of any person, the court, on the application of the person aggrieved by the offence, may, in addition to any sentence which is passed upon the offender, adjudge the offender to pay to the person aggrieved the person’s costs of prosecution, together with a sum by way of compensation for any loss of time suffered by the person by reason of the offence of which the offender is convicted.

An order for the payment of such costs, or of any sum so awarded by way of compensation, may be enforced in the same manner as a judgment of the court given in an action.

If any money was found on the person of the offender on the offender’s arrest, the court may order it to be applied towards the payment of any money so ordered to be paid by the offender.

When an order is made under the provisions of this section for the payment of money by way of compensation to an aggrieved person, the offender is not liable to any civil proceedings for the same cause at the suit of that person.661sch 1 pt 8 ch 65 s 661 amd 1995 No. 37 s 459 (2) sch 3 pt 1 div 2reloc (as 1889 53 Vic No. 12 s 37) 1995 No. 37 s 459 (2) sch 3 pt 1 div 2662Taxation

Costs of a prosecution or defence must be taxed by the proper officer of the court in which the indictment is presented.

In this section—costs of defence includes costs incurred by the accused person both before and after the person’s committal.costs of prosecution includes costs incurred by the person aggrieved in order to the committal of the offender, and costs incurred by the person with the consent of the Crown for the purposes of the trial.sch 1 pt 8 ch 65 s 662 amd 2011 No. 45 s 115663sch 1 pt 8 ch 65 s 663 om 2011 No. 45 s 116 Chapter 65Asch 1 pt 8 ch 65A hdg ins 1968 No. 44 s 4om 1995 No. 54 s 45 sch 2663Asch 1 pt 8 ch 65A s 663A ins 1968 No. 44 s 4sch 1 pt 8 ch 65A s 663A def Minister amd 1990 No. 80 s 3 sch 1sch 1 pt 8 ch 65A s 663A def prescribed amount ins 1975 No. 27 s 30amd 1984 No. 28 s 3om 1995 No. 54 s 45 sch 2663AAsch 1 pt 8 ch 65A s 663AA ins 1984 No. 28 s 4om 1995 No. 54 s 45 sch 2663Bsch 1 pt 8 ch 65A s 663B ins 1968 No. 44 s 4amd 1975 No. 27 s 31; 1984 No. 28 s 5om 1995 No. 54 s 45 sch 2663BAsch 1 pt 8 ch 65A s 663BA ins 1984 No. 28 s 6om 1995 No. 54 s 45 sch 2663Csch 1 pt 8 ch 65A s 663C ins 1968 No. 44 s 4amd 1975 No. 27 s 32om 1995 No. 54 s 45 sch 2663Dsch 1 pt 8 ch 65A s 663D ins 1968 No. 44 s 4amd 1975 No. 27 s 33om 1995 No. 54 s 45 sch 2663Esch 1 pt 8 ch 65A s 663E ins 1968 No. 44 s 4om 1995 No. 54 s 45 sch 2 Chapter 66sch 1 pt 8 ch 66 hdg om 1995 No. 37 s 459 (2) sch 3 pt 1 div 2664sch 1 pt 8 ch 66 s 664 om 1922 13 Geo 5 No. 2 s 3

665sch 1 pt 8 ch 66 s 665 om 1922 13 Geo 5 No. 2 s 3

666sch 1 pt 8 ch 66 s 666 om 1986 No. 1 s 89667sch 1 pt 8 ch 66 s 667 reloc (as 1889 53 Vic No. 12 s 38) 1995 No. 37 s 459 (2) sch 3 pt 1 div 2 Chapter 67Appeals, subsequent appeals and pardonssch 1 pt 8 ch 67 hdg sub 2024 No. 6 s 8Chapter division 1 Preliminarysch 1 pt 8 ch 67 ch div 1 hdg ins 2024 No. 6 s 9668Definitions for chapter

In this chapter—appellant includes a person who has been convicted and desires to appeal, or to make a subsequent appeal, under this chapter.sch 1 pt 8 ch 67 ch div 1 s 668(1) def appellant amd 2024 No. 6 s 10(2)Court means the Court of Appeal.sch 1 pt 8 ch 67 ch div 1 s 668(1) def Court sub 1991 No. 68 s 111 sch 2court of trial means any court from whose finding, sentence, or other determination a person is by this Act entitled—

to appeal or to apply for leave to appeal; or

to apply for leave to make a subsequent appeal.

sch 1 pt 8 ch 67 ch div 1 s 668(1) def court of trial amd 2024 No. 6 s 10(3)registrar means the registrar of the Court.sentence includes any order made by the court of trial on conviction of a person with reference to the person’s person or property whether or not the person is adversely affected thereby and whether or not the order is made instead of passing sentence.sch 1 pt 8 ch 67 ch div 1 s 668(1) def sentence amd 1989 No. 17 s 54subsequent appeal means an appeal under section 671AC(2).sch 1 pt 8 ch 67 ch div 1 s 668(1) def subsequent appeal ins 2024 No. 6 s 10(4)

The power of the Court to pass any sentence includes a power to make any such order.

For the purposes of this chapter a person acquitted on the ground of insanity, where such insanity was not set up as a defence by the person, shall be deemed to be a person convicted, and any order to keep the person in custody shall be deemed to be a sentence.sch 1 pt 8 ch 67 ch div 1 s 668 prev s 668 om 1913 4 Geo 5 No. 23 s 2

pres s 668 ins 1913 4 Geo 5 No. 23 ss 3–4amd 1961 10 Eliz 2 No. 11 s 35; 1992 No. 48 s 207 sch; 2024 No. 6 s 10

Chapter division 2 References, reservations and appealssch 1 pt 8 ch 67 ch div 2 hdg ins 2024 No. 6 s 11668AA Application of chapter divisionThis chapter division does not apply to a subsequent appeal.sch 1 pt 8 ch 67 ch div 2 s 668AA ins 2024 No. 6 s 11668AReference by Crown Law Officer of pre-trial direction or ruling

A Crown Law Officer may refer to the Court for its consideration and opinion a point of law that has arisen in relation to a direction or ruling under section 590AA given by another court as to the conduct of a trial or pre-trial hearing.

If a reference is made—

the Crown Law Officer must give notice of the reference to the other court and the accused person; and

the other court—

must adjourn the trial until the Court has given its opinion on the point; and

may make the other orders it considers appropriate, including an order about remanding the accused person; and

the Court must hear argument on the reference—

by the Crown Law Officer; and

by the accused person if the accused person wishes; and

after hearing argument on the reference, the Court—

must consider the point referred and give the Crown Law Officer its opinion on the point; and

may make the orders it considers appropriate, including the directions or rulings it considers appropriate to give effect to its opinion.

In this section—adjourn, for a trial where the accused person has not been called on to plead to the indictment, includes postpone the trial.sch 1 pt 8 ch 67 ch div 2 s 668A prev s 668A ins 1913 4 Geo 5 No. 23 ss 3, 5amd 1986 No. 1 s 90om 1991 No. 68 s 111 sch 2pres s 668A ins 2003 No. 55 s 30amd 2020 No. 32 s 19668BReservation of points of law

When any person is indicted for any indictable offence, the court of trial must, on the application of counsel for the accused person made before verdict, and may in its discretion, either before or after judgment, without such application, reserve any question of law which arises on the trial for the consideration of the Court.

If the accused person is convicted, and a question of law has been so reserved before judgment, the court of trial may either pronounce judgment on the conviction and respite execution of the judgment, or postpone the judgment until the question has been considered and decided, and may either commit the person convicted to prison or grant bail to the person conditioned to appear at such time and place as the court of trial may direct, and to attend in execution of, or to receive judgment, as the case may be.

The judge of the court of trial is thereupon required to state, in a case signed by the judge, the question of law so reserved, with the special circumstances upon which it arose; and the case is to be transmitted to the Court.

Any question so reserved is to be heard and determined as an appeal by the Court.

The Court may send the case back to be amended or restated if it thinks it necessary so to do.sch 1 pt 8 ch 67 ch div 2 s 668B ins 1913 4 Geo 5 No. 23 ss 3, 6amd 1980 No. 35 s 4 (1) sch 1; 2024 No. 6 s 36 sch 1668CAppeal from arrest of judgment

When the court of trial before which a person is convicted on indictment arrests judgment, the court is required, on the application of counsel for the prosecution, to reserve a case for the consideration of the Court as hereinbefore provided.

On the hearing of the case the Court may affirm or reverse the order arresting judgment.

If the order is reversed, the Court is to direct that judgment be pronounced upon the offender, and the offender is to be ordered to appear at such time and place as the Court may direct to receive judgment, and any justice may issue a warrant for the arrest of the offender.

An offender so arrested may be granted bail by order of the Court or a judge thereof, which may be made at the time when the order directing judgment to be pronounced is made, or afterwards.sch 1 pt 8 ch 67 ch div 2 s 668C ins 1913 4 Geo 5 No. 23 ss 3, 7668DRight of appeal

A person convicted on indictment, or a person convicted of a summary offence by a court under section 651, may appeal to the Court—

against the person’s conviction on any ground which involves a question of law alone; and

with the leave of the Court, or upon the certificate of the judge of the court of trial that it is a fit case for appeal, against the person’s conviction on any ground of appeal which involves a question of fact alone, or question of mixed law and fact, or any other ground which appears to the Court to be a sufficient ground of appeal; and

with the leave of the Court, against the sentence passed on the person’s conviction.

A person summarily convicted under section 651 may appeal to the court, with the leave of the court, against the sentence passed on conviction, including any order made under that section.sch 1 pt 8 ch 67 ch div 2 s 668D ins 1913 4 Geo 5 No. 23 ss 3, 8amd 1997 No. 82 s 3 sch; 1999 No. 66 s 15668EDetermination of appeal in ordinary cases

The Court on any such appeal against conviction shall allow the appeal if it is of opinion that the verdict of the jury should be set aside on the ground that it is unreasonable, or can not be supported having regard to the evidence, or that the judgment of the court of trial should be set aside on the ground of the wrong decision of any question of law, or that on any ground whatsoever there was a miscarriage of justice, and in any other case shall dismiss the appeal.

However, the Court may, notwithstanding that it is of the opinion that the point or points raised by the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no substantial miscarriage of justice has actually occurred.

Subject to the special provisions of this chapter, the Court shall, if it allows an appeal against conviction, quash the conviction and direct a judgment and verdict of acquittal to be entered.

On an appeal against a sentence, the Court, if it is of opinion that some other sentence, whether more or less severe, is warranted in law and should have been passed, shall quash the sentence and pass such other sentence in substitution therefor, and in any other case shall dismiss the appeal.

In subsection (1), if an appellant has been convicted of an offence in the court of trial by a judge sitting without a jury, a reference to the jury is taken to be a reference to the judge.sch 1 pt 8 ch 67 ch div 2 s 668E ins 1913 4 Geo 5 No. 23 ss 3, 9amd 2024 No. 6 s 12668FPowers of Court in special cases

If it appears to the Court that an appellant, though not properly convicted on some count or part of the indictment, has been properly convicted on some other count or part of the indictment, the Court may either affirm the sentence passed at the trial or pass such sentence, whether more or less severe, in substitution therefor, as it thinks proper, and as may be warranted in law by the conviction on the count or part of the indictment on which it considers the appellant has been properly convicted.

Where an appellant has been convicted of an offence, and the jury could on the indictment have found the appellant guilty of some other offence, and on the finding of the jury it appears to the Court that the jury must have been satisfied of facts which proved the appellant guilty of that other offence, the Court may, instead of allowing or dismissing the appeal, substitute for the verdict found by the jury a verdict of guilty of that other offence, and pass such sentence in substitution for the sentence passed at the trial as may be warranted in law for that other offence, not being a sentence of greater severity.

Where, on the conviction of the appellant, the jury have found a special verdict, and the Court considers that a wrong conclusion has been arrived at by the court of trial on the effect of that verdict, the Court may, instead of allowing the appeal, order such conclusion to be recorded as appears to the Court to be in law required by the verdict, and pass such sentence, whether more or less severe, in substitution for the sentence passed at the trial, as may be warranted in law.

If on any appeal it appears to the Court that, although the appellant committed the act or made the omission charged against the appellant, the appellant was not of sound mind at the time when the act or omission alleged to constitute the offence occurred, so as not to be responsible therefor according to law, the Court may quash the sentence passed at the trial, and order the appellant to be admitted to an authorised mental health service to be dealt with under the Mental Health Act 2016 in the same manner as if a jury had found that fact specially under section 647.

In subsection (2), if an appellant has been convicted of an offence in the court of trial by a judge sitting without a jury, a reference to the jury is taken to be a reference to the judge.sch 1 pt 8 ch 67 ch div 2 s 668F ins 1913 4 Geo 5 No. 23 ss 3, 10amd 2016 No. 5 s 872; 2024 No. 6 s 13669Power to grant new trial

On an appeal against a conviction on indictment, the Court may, either of its own motion or on the application of the appellant, order a new trial in such manner as it thinks fit, if the Court considers that a miscarriage of justice has occurred, and that, having regard to all the circumstances, such miscarriage of justice can be more adequately remedied by an order for a new trial than by any other order which the Court is empowered to make.

If the Court makes an order for a new trial and the appellant is not granted bail, the order is taken to be a warrant for the appellant’s detention under the Corrective Services Act 2006, section 9(1)(a).sch 1 pt 8 ch 67 ch div 2 s 669 prev s 669 om 1913 4 Geo 5 No. 23 s 2

pres s 669 ins 1913 4 Geo 5 No. 23 ss 3, 11amd 2003 No. 55 s 31; 2006 No. 29 s 518 sch 3669AAppeal by Attorney-General or Crown Law Officer

The Attorney-General may appeal to the Court against any sentence pronounced by—

the court of trial; or

a court of summary jurisdiction in a case where an indictable offence is dealt with summarily by that court;

and the Court may in its unfettered discretion vary the sentence and impose such sentence as to the Court seems proper.

A Crown Law Officer may appeal to the Court against an order staying proceedings or further proceedings on an indictment.

The Attorney-General may refer any point of law that has arisen at the trial upon indictment of a person in relation to any charge contained therein to the Court for its consideration and opinion thereon if the person charged has been—

acquitted of the charge; or

discharged in respect of that charge after counsel for the Crown, as a result of a determination of the court of trial on that point of law, has duly informed the court that the Crown will not further proceed upon the indictment in relation to that charge; or

convicted, following a determination of the court of trial on that point of law—

of a charge other than the charge that was under consideration when the point of law arose; or

of the same charge with or without a circumstance of aggravation.

The Attorney-General may refer to the Court for its consideration and opinion a point of law that has arisen at the summary trial of a charge of an indictable offence, if the person charged has been—

acquitted of the charge at the summary trial; or

discharged on the charge after the prosecution, because of a decision on the point of law by the court of trial, indicates to the court that it will not further proceed on the charge in the proceeding before the court; or

convicted, following a determination of the court of trial on that point of law—

of a charge other than the charge that was under consideration when the point of law arose; or

of the same charge with or without a circumstance of aggravation.

Notice of the reference shall be given to the person acquitted or, as the case may be, discharged.

Upon the reference the Court shall hear argument—

by the Attorney-General or by counsel on the Attorney-General’s behalf; and

if the person so desires, by the person acquitted or discharged or by counsel on his or her behalf;

and thereupon shall consider the point referred and furnish to the Attorney-General its opinion thereon.

Where the reference relates to a trial in which the person charged has been acquitted or convicted, the reference shall not affect the trial of nor the acquittal or conviction of the person.

If a person convicted summarily of an indictable offence appeals to a District Court judge under the Justices Act 1886, section 222 or the Youth Justice Act 1992, part 6, division 9, subdivision 3, and, in relation to the same conviction, the Attorney-General appeals under this section—

the convicted person’s appeal is, by force of this section, removed to the Court of Appeal; and

both appeals must be heard together by the Court of Appeal.

In this section—discharged includes the dismissal or striking out of a charge at a summary trial.sch 1 pt 8 ch 67 ch div 2 s 669A ins 1939 3 Geo 6 No. 28 s 4sub 1975 No. 27 s 34amd 1989 No. 17 s 55; 1993 No. 68 s 11; 1997 No. 3 s 119; 1997 No. 38 s 13; 2002 No. 39 s 145; 1992 No. 44 s 341 sch 3 (ins 2002 No. 39 ss 115, 118); 2005 No. 70 s 166 sch; 2009 No. 34 s 45 (1) sch pt 1 amdt 12; 2020 No. 32 s 20670Revesting and restitution of property on conviction

Subject to section 134 of the Penalties and Sentences Act 1992, the operation of any order for the restitution of any property, or for the payment of compensation to an aggrieved person, made by the court of trial, and the operation of the provisions of section 26(1) of the Sale of Goods Act 1896 as to the revesting of the property in stolen goods on conviction, shall (unless such court directs to the contrary in any case in which in its opinion the title to the property is not in dispute) be suspended—

until the expiration of the time provided for appealing to the Court; and

where notice of appeal or of application for leave to appeal is given within the time provided, until the determination of the appeal or refusal of the application or, where the appeal is by the Attorney-General against sentence within the time provided, until the determination of that appeal;

and in cases where the operation of any such order or the operation of the said provisions is suspended until the determination of the appeal, the order or provisions, as the case may be, shall not take effect as to the property in question if the conviction is quashed on appeal, except by the special order of the Court.

The Court may annul or vary any such order, although the conviction is not quashed.

Where any matter arises before the Court in relation to the operation or suspension of the operation of any such order as aforesaid or the operation or suspension of the operation of such provisions as aforesaid, the person in whose favour the order is made or the person benefiting from the operation of the said provisions, as the case may be, may appear in person, or by the person’s counsel or solicitor, before the Court and there make submissions in connection with such matter.sch 1 pt 8 ch 67 ch div 2 s 670 prev s 670 om 1913 4 Geo 5 No. 23 s 2

pres s 670 ins 1913 4 Geo 5 No. 23 ss 3, 12amd 1986 No. 1 s 91; 1992 No. 48 s 207 sch; 2024 No. 6 s 36 sch 1671Time for appealing

Any person convicted desiring to appeal to the Court, or to obtain the leave of the Court to appeal from any conviction or sentence, shall give notice of appeal or notice of application for leave to appeal, in the prescribed manner, within 1 calendar month of the date of such conviction or sentence.

An appeal to the Court by the Attorney-General against sentence shall be made within 1 calendar month of the date of such sentence.

The time within which notice of appeal, or notice of an application for leave to appeal, may be given or within which the Attorney-General may appeal against sentence may be extended at any time by the Court.sch 1 pt 8 ch 67 ch div 2 s 671 prev s 671 om 1913 4 Geo 5 No. 23 s 2

pres s 671 ins 1913 4 Geo 5 No. 23 ss 3, 13amd 1922 13 Geo 5 No. 2 s 3(xx); 1986 No. 1 s 92; 1997 No. 9 s 25Chapter division 3 Subsequent appealssch 1 pt 8 ch 67 ch div 3 hdg ins 2024 No. 6 s 14671AA Definitions for chapter divisionIn this chapter division—fresh and compelling evidence see section 671AB.new and compelling evidence see section 671AB.sch 1 pt 8 ch 67 ch div 3 s 671AA ins 2024 No. 6 s 14671AB Fresh and compelling evidence and new and compelling evidence—meanings

This section applies for the purpose of deciding under this chapter division whether there is fresh and compelling evidence or new and compelling evidence.

Evidence is fresh if—

the evidence was not adduced in the proceedings in the court of trial before which the appellant was convicted; and

either—

the evidence could not have been adduced in the proceedings in the court of trial with the exercise of reasonable diligence by the defence; or

the evidence could have been adduced in the proceedings in the court of trial with the exercise of reasonable diligence by the defence but was not because of the incompetence or negligence of a lawyer acting for the appellant in those proceedings.

For subsection (2)(b)(i), the defence is taken not to have failed to exercise reasonable diligence in relation to the evidence if—

the prosecution failed to comply with the prosecution’s obligation mentioned in section 590AB(1) in relation to the evidence; and

the defence did not discover the evidence only because of the failure to comply with that obligation.

Evidence is new if—

the evidence was not adduced in the proceedings in the court of trial before which the appellant was convicted; and

the evidence could have been adduced in the proceedings in the court of trial with the exercise of reasonable diligence by the defence.

Under this chapter division, evidence that is both fresh evidence and new evidence is taken to only be fresh evidence.

Evidence is compelling if—

the evidence is reliable; and

the evidence is substantial; and

the evidence—

is highly probative in the context of the issues that were in dispute in the proceedings in the court of trial before which the appellant was convicted; or

would have substantially weakened the case for the prosecution in the proceedings in the court of trial.

Evidence that would be admissible under this chapter division is not precluded from being fresh and compelling evidence or new and compelling evidence merely because it would have been inadmissible—

in the proceedings in the court of trial before which the appellant was convicted; or

in earlier proceedings in the Court for an appeal or subsequent appeal against the appellant’s conviction.

In this section, the defence is the appellant or a lawyer acting for the appellant in proceedings in the court of trial before which the appellant was convicted.sch 1 pt 8 ch 67 ch div 3 s 671AB ins 2024 No. 6 s 14671AC Right of subsequent appeal

This section applies if—

a person appealed, or applied for leave to appeal, against a conviction of the person under section 668D; and

the Court, under chapter division 2—

refused to grant leave to appeal; or

dismissed the appeal in whole or in part; or

determined the appeal and dealt with the person under section 668F.

The person may make a subsequent appeal to the Court, with the leave of the Court, against the person’s conviction on a ground that there is fresh and compelling evidence or new and compelling evidence.

Also, the person may make a subsequent appeal under subsection (2) if—

the Court has, under this chapter division, refused to grant an earlier application for leave to make a subsequent appeal; or

the Court has, under this chapter division, dismissed an earlier subsequent appeal in whole or in part.

The Court may give its leave to make a subsequent appeal at any time it considers necessary or desirable.sch 1 pt 8 ch 67 ch div 3 s 671AC ins 2024 No. 6 s 14671AD Evidence in proceedings for subsequent appeal

This section applies in relation to proceedings in the Court for a subsequent appeal, or leave to make a subsequent appeal, against an appellant’s conviction.

Evidence is not inadmissible in the proceedings merely because it would have been inadmissible—

in the proceedings in the court of trial before which the appellant was convicted; or

in earlier proceedings in the Court for an appeal or subsequent appeal against the appellant’s conviction.

sch 1 pt 8 ch 67 ch div 3 s 671AD ins 2024 No. 6 s 14671AE Determination of subsequent appeal

For a subsequent appeal against an appellant’s conviction on a ground of fresh and compelling evidence, the Court must allow the subsequent appeal if it is of the opinion that there was a miscarriage of justice.

However, the Court may, even if it is of the opinion that the point or points raised by a subsequent appeal on a ground of fresh and compelling evidence might be decided in favour of the appellant, dismiss the subsequent appeal if it considers that no substantial miscarriage of justice has actually occurred.

For a subsequent appeal against an appellant’s conviction on a ground of new and compelling evidence, the Court must allow the subsequent appeal if, on the balance of probabilities, it is of the opinion that, in considering all of the evidence, the appellant was not guilty of the offence of which the appellant was convicted.

Also, if for any subsequent appeal the Court considers the subsequent appeal to be a special case under section 668F, the Court may deal with the appellant under section 668F, despite section 668AA, as if the subsequent appeal were an appeal against conviction under chapter division 2.

The Court must, if a subsequent appeal is not determined under subsection (1), (3) or (4), dismiss the subsequent appeal.sch 1 pt 8 ch 67 ch div 3 s 671AE ins 2024 No. 6 s 14671AF Directions, orders etc. on allowed subsequent appeal

If the Court allows a subsequent appeal under section 671AE, the Court must quash the appellant’s conviction and direct a judgment and verdict of acquittal to be entered.

However, if the Court considers, for a subsequent appeal allowed under section 671AE(1), that there is a miscarriage of justice that can be more adequately remedied by an order for a new trial than by any other order, the Court may order a new trial in the way the Court considers appropriate.

If the Court makes an order for a new trial and the appellant is not granted bail, the order is taken to be a warrant for the appellant’s detention under the Corrective Services Act 2006, section 9(1)(a).sch 1 pt 8 ch 67 ch div 3 s 671AF ins 2024 No. 6 s 14Chapter division 4 Other provisions for appeals and subsequent appealssch 1 pt 8 ch 67 ch div 4 hdg ins 2024 No. 6 s 14671AJudge’s notes and report to be furnished on appeal

The judge of the court of trial shall, in the case of any appeal or application for leave to appeal, furnish to the registrar the judge’s notes of the trial, and also a report giving the judge’s opinion upon the case or upon any point arising in the case.

However, where shorthand notes have been taken in accordance with this chapter, a transcript of such notes may be furnished in lieu of such judge’s notes.

This section does not apply to a subsequent appeal.sch 1 pt 8 ch 67 ch div 4 s 671A ins 1913 4 Geo 5 No. 23 ss 3, 14amd 2024 No. 6 s 15671BSupplemental powers

The Court may, if it thinks it necessary or expedient in the interests of justice—

order the production of any document, exhibit, or other thing connected with the proceedings of the Court; and

order any persons who would have been compellable witnesses at the trial to attend and be examined before the Court, whether they were or were not called at the trial, or order any such persons to be examined before any judge of the Court, or before any officer of the Court, or justice, or other person appointed by the Court for the purpose, and admit any depositions so taken as evidence; and

receive the evidence, if tendered, of any witness (including the appellant) who is a competent, but not a compellable, witness; and

receive any other evidence; and

where any question arising on the appeal or subsequent appeal involves prolonged examination of documents or accounts, or any scientific or local investigation, which can not, in the opinion of the Court, be conveniently conducted before the Court, refer the question for inquiry and report to a commissioner appointed by the Court, and act upon the report of such commissioner so far as the Court thinks fit; and

appoint any person with special expert knowledge to act as assessor to the Court in any case in which it appears to the Court that such special knowledge is required for the determination of the case; and

order the appellant or Crown Law Officer to give further particulars for a ground of the appeal or subsequent appeal; and

strike out a ground of the appeal or subsequent appeal in which the Court considers the particulars are inadequate and not consider the matters in relation to the ground for the proceedings; and

amend or add a ground of appeal or subsequent appeal against a conviction;

and exercise in relation to the proceedings of the Court any other powers which may for the time being be exercised by the Supreme Court on appeals or applications in civil matters, and issue any warrant or other process necessary for enforcing the orders or sentences of the Court.

However, in no case shall any sentence be increased by reason of or in consideration of any evidence that was not given at the trial.

Subject to this chapter, the general rules may provide that any application under subsection (1)(a), (b), (e) or (f) may be heard and determined by a judge of the Court.sch 1 pt 8 ch 67 ch div 4 s 671B ins 1913 4 Geo 5 No. 23 ss 3, 15amd 2024 No. 6 s 16671Csch 1 pt 8 ch 67 ch div 4 s 671C ins 1913 4 Geo 5 No. 23 ss 3, 16om 1974 No. 3 s 3 (1)

671DRight of appellant to be present

An appellant, notwithstanding that the appellant is in custody, shall be entitled to be present if the appellant desires it, on the hearing of the appellant’s appeal or subsequent appeal.

However, the appellant is not entitled to be present, without leave of the Court, for any of the following—

an appeal on some ground involving a question of law alone;

an application for leave to appeal or leave to make a subsequent appeal;

any proceedings preliminary or incidental to an appeal or subsequent appeal.

The power of the Court to pass any sentence may be exercised notwithstanding that the appellant is not present.sch 1 pt 8 ch 67 ch div 4 s 671D ins 1913 4 Geo 5 No. 23 ss 3, 17amd 2024 No. 6 s 17671EAppeals and subsequent appeals permitted in writingAn appellant shall be entitled to present the appellant’s case and argument to the Court in writing if the appellant so desires.sch 1 pt 8 ch 67 ch div 4 s 671E ins 1913 4 Geo 5 No. 23 ss 3, 18amd 2024 No. 6 s 18671FCosts of appeal or subsequent appeal

On the hearing or determination of an appeal or subsequent appeal, or any proceedings preliminary or incidental thereto, no costs shall be allowed on either side.

The expenses of any assessor appointed, and of any witnesses attending on the order of the Court or examined, and of and incidental to any examination or reference, and of the appearance of an appellant on the hearing of the appeal or subsequent appeal or on any proceedings preliminary or incidental to the appeal or subsequent appeal, shall be defrayed out of the Consolidated Fund up to an amount allowed by the registrar; but, subject to any regulations as to rates of payment made by the Crown Law Officer, the decision of the registrar may be reviewed by the Court or a judge thereof.sch 1 pt 8 ch 67 ch div 4 s 671F ins 1913 4 Geo 5 No. 23 ss 3, 19amd 1975 No. 27 s 35; 2024 No. 6 s 19671GGrant of bail to appellant and custody when attending Court

An appellant who is not granted bail shall, pending the determination of the appeal or subsequent appeal, be treated in such manner as may be directed under the laws relating to prisons.

The period the appellant is in custody pending the determination of the appeal or subsequent appeal counts as part of any term of imprisonment under the appellant’s sentence.

If an appellant is released on bail pending the determination of the appeal or subsequent appeal—

the period the appellant is released on bail does not count as part of any term of imprisonment under the appellant’s sentence, whether passed by the court of trial or the Court; and

the appellant’s imprisonment under the appellant’s sentence resumes or begins to run, as the case requires, on the day the appellant is received into prison under the appellant’s sentence.

Provision shall be made under the laws relating to prisons for the manner in which an appellant, when in custody, is to be brought to any place where the appellant is entitled to be present, or ordered to be taken, for the purposes of this chapter, and for the manner in which the appellant is to be kept in custody whilst absent from prison for the purpose; and an appellant whilst in custody in accordance with those laws shall be deemed to be in legal custody.

Where pursuant to an appeal to the Court by the Attorney-General against sentence the Court varies the sentence—

by imposing a term of imprisonment; or

in a case where the court of trial imposed a term of imprisonment—by increasing the term of imprisonment imposed;

then, subject to any order the Court may make or any direction it may give to the contrary in the circumstances—

the term of imprisonment referred to in paragraph (a) shall commence from the time the person in question is received into prison pursuant to the decision of the Court or, where that person is already in prison in respect of imprisonment arising out of another matter, from the date of the decision of the Court;

in the service of the increased term of imprisonment referred to in paragraph (b) by the person in question, any part of the sentence already served by the person shall be taken into account.

sch 1 pt 8 ch 67 ch div 4 s 671G ins 1913 4 Geo 5 No. 23 ss 3, 20amd 1980 No. 35 s 4 (1) sch 1; 1986 No. 1 s 93; 1988 No. 88 s 5 sch 2; 2002 No. 23 s 32; 2024 No. 6 s 20671H Duties of registrar

The registrar must, if notice is given to the registrar, take all necessary steps for obtaining a hearing of any appeal, subsequent appeal or application.

The registrar must obtain and give the Court, in the appropriate form, all documents, exhibits and other things relating to the proceedings in the court of trial that appear necessary for the proper determination of the appeal, subsequent appeal or application.

Also, for a subsequent appeal or application for leave to make a subsequent appeal, the registrar must obtain and give the Court—

the judge’s notes and report under section 671A that relate to the proceedings in the court of trial given to the registrar in relation to any appeal or application for leave to appeal against the appellant’s conviction; and

in the appropriate form, all documents, exhibits and other things relating to the proceedings in the Court for—

an appeal or application for leave to appeal against the appellant’s conviction; and

an earlier subsequent appeal or application for leave to make a subsequent appeal against the appellant’s conviction.

The registrar may refer any appeal, subsequent appeal or application to the Court for summary determination if it appears to the registrar that the notice of appeal, subsequent appeal or application does not show any substantial ground of appeal or subsequent appeal.

The Court may, if it considers that the appeal, subsequent appeal or application is frivolous or vexatious, dismiss the appeal, subsequent appeal or application summarily without calling upon any person to attend the hearing.

The registrar must give forms and instructions in relation to notices of appeals, subsequent appeals or applications to—

any person who asks for the same; and

officers of courts; and

the chief executive (corrective services); and

any other officers or persons as the registrar considers appropriate.

The chief executive (corrective services) must cause the forms and instructions mentioned in subsection (6) to be placed at the disposal of prisoners desiring to appeal, to make a subsequent appeal or to make an application.

Also, the chief executive (corrective services) must cause any notice given by a prisoner for whom the chief executive (corrective services) has responsibility to be forwarded for the prisoner to the registrar.sch 1 pt 8 ch 67 ch div 4 s 671H ins 1913 4 Geo 5 No. 23 ss 3, 21amd 1961 10 Eliz 2 No. 11 s 36; 1975 No. 27 s 36; 2000 No. 63 s 276 sch 2; 2006 No. 29 s 518 sch 3sub 2024 No. 6 s 21671JDocuments, exhibits etc.

Any documents, exhibits, or other things connected with any proceedings before a court of trial, in respect of which any person is entitled or may be authorised to appeal, shall be kept in the custody of the court of trial for such time as may be prescribed, subject to such power as may be prescribed for the conditional release of any such documents, exhibits, or other things from that custody.

This section does not apply to a subsequent appeal.sch 1 pt 8 ch 67 ch div 4 s 671J ins 1913 4 Geo 5 No. 23 ss 3, 22amd 2024 No. 6 s 22671KRecords of proceedings

If the registrar directs in relation to any notice of appeal, subsequent appeal or application for leave to appeal or leave to make a subsequent appeal, the following must be given to the registrar for the use of the Court or a judge of the Court—

a record or part of the record of the proceedings in the court of trial;

for a subsequent appeal—a record or part of the record of earlier proceedings in the Court for an appeal or subsequent appeal against the appellant’s conviction.

Note—See the Recording of Evidence Act 1962, section 5 which provides for recording all relevant matter in a legal proceeding.

A copy of a record of proceedings or of any part thereof may be furnished to any party interested in accordance with provisions of the Criminal Practice Rules 1999 and the Criminal Practice Rules 1999, without limiting the generality of the foregoing, may prescribe, for a trial, an appeal or a subsequent appeal—

charges for the copy of the record or part thereof; or

circumstances in which such charges may be varied or waived and on whose or by what authority they may be varied or waived; or

who is a ‘party interested’ for the purpose of having furnished to the person a copy of the record or part thereof; or

the authorisation of the furnishing of a copy of a record of proceedings or of any part thereof to any other person on the ground that such person has a sufficient interest therein, and by whom any such authorisation may be made.

In addition to the foregoing, the Attorney-General may cause a copy of a record of proceedings or of any part thereof to be furnished to any person in such circumstances and subject to such conditions as the Attorney-General thinks fit.

The Crown is entitled to receive a copy of any record of proceedings or of any part thereof without payment of any charge.

The furnishing in accordance with this section and, in an appropriate case, the Criminal Practice Rules 1999 of a copy of any record of proceedings or of any part thereof shall not render the Crown, a Crown Law Officer, the registrar, a recorder under the Recording of Evidence Act 1962 or other person responsible for or associated with that furnishing liable in any way in law in respect thereof.sch 1 pt 8 ch 67 ch div 4 s 671K ins 1913 4 Geo 5 No. 23 ss 3, 23sub 1986 No. 1 s 94amd 1997 No. 82 s 3 sch; 2000 No. 46 s 3 sch; 2005 No. 70 s 166 sch; 2013 No. 3 s 61 sch 2; 2024 No. 6 s 23671LPowers exercisable by a judgeThe powers of the Court to give leave to appeal, to extend the time in which notice of appeal or of an application for leave to appeal may be given, to give leave to make a subsequent appeal and to allow the appellant to be present at any proceedings in cases where the appellant is not entitled to be present without leave may be exercised by any judge of the Court in the same manner as they may be exercised by the Court, and subject to the same provisions; but if the judge refuses an application on the part of the appellant to exercise any such power in the appellant’s favour, the appellant shall be entitled to have the application determined by the Court.sch 1 pt 8 ch 67 ch div 4 s 671L ins 1913 4 Geo 5 No. 23 ss 3, 24amd 1980 No. 35 s 4 (1) sch 1; 2024 No. 6 s 24672Appeals from the decisions of the Court

Where an appeal or subsequent appeal to the Court is upheld, and the appellant is entitled to have the conviction against the appellant quashed by order of the Court, the Court may, upon application on behalf of the Crown, at any time before the release of such appellant, either by the same or by a separate order, direct that execution of the order quashing the appellant’s conviction be stayed for such time (not exceeding 7 days) as the Court thinks fit; and the Court or a judge thereof shall thereupon make such order for the detention of the appellant or the appellant’s return to any former custody, or for granting bail to the appellant, as the Court or judge thinks fit, for the time during which such stay has been directed.

The Court or a judge thereof may, upon application by or on behalf of the Crown Law Officer, make such order for the detention of the appellant or for granting bail to the appellant pending the hearing of an appeal to the High Court of Australia as the Court or a judge may think fit, and may at any time vary or rescind such order.

On the application of any appellant who considers they were wronged by any failure to diligently prosecute such appeal, the Court or a judge thereof may order the immediate execution of the original order of the Court quashing the conviction, and may order the appellant’s immediate release, and the Court may further, if it thinks fit, award the appellant such compensation as appears just.sch 1 pt 8 ch 67 ch div 4 s 672 prev s 672 om 1913 4 Geo 5 No. 23 s 2

pres s 672 ins 1913 4 Geo 5 No. 23 ss 3, 25amd 1980 No. 35 s 4 (1) sch 1; 2024 No. 6 ss 25, 36 sch 1Chapter division 5 Pardonssch 1 pt 8 ch 67 ch div 5 hdg ins 2024 No. 6 s 26672APardoning power preservedNothing in sections 668 to 672 shall affect the pardoning power of the Governor on behalf of the Sovereign, but the Crown Law Officer, on the consideration of any petition for the exercise of the pardoning power having reference to the conviction of any person or to any sentence passed on a convicted person, may—

refer the whole case to the Court, and the case shall be heard and determined by the Court as in the case of an appeal by a person convicted; or

if the Crown Law Officer desires the assistance of the Court on any point arising in the case with a view to the determination of the petition, refer that point to the Court for its opinion thereon, and the Court shall consider the point so referred and furnish the Crown Law Officer with its opinion thereon accordingly.

sch 1 pt 8 ch 67 ch div 5 s 672A ins 1913 4 Geo 5 No. 23 ss 3, 26amd 1922 13 Geo 5 No. 2 s 3(xxi); 2005 No. 70 s 166 sch; 2024 No. 6 s 36 sch 1673sch 1 pt 8 ch 67 ch div 5 s 673 sub 1975 No. 27 s 37om 1997 No. 38 s 14674sch 1 pt 8 ch 67 ch div 5 s 674 om 1975 No. 27 s 38675Conditional remission of sentence by Governor

In any case in which the Governor is authorised, on behalf of the Sovereign, to extend the Royal mercy to an offender under sentence of imprisonment, the Governor may extend mercy upon condition of the offender entering into a recognisance conditioned as in the case of offenders discharged by the Court upon suspension of the execution of a sentence.

The offender is thereupon liable to the same obligations, and is liable to be dealt with in all respects in the same manner, as a person discharged by the Court on recognisance upon such suspension.sch 1 pt 8 ch 67 ch div 5 s 675 amd 1988 No. 88 s 5 sch 2; 2024 No. 6 s 36 sch 1676Pardon in case of imprisonment for non-payment of moneyThe Governor may extend the Royal mercy to any person imprisoned upon conviction of any of the offences defined in chapter 44, although the person is imprisoned for non-payment of money which is payable to some private person.sch 1 pt 8 ch 67 ch div 5 s 676 amd 1997 No. 82 s 3 sch677Effect of pardonA pardon by the Governor, on behalf of the Sovereign, has the effect of discharging the convicted person from the consequences of the conviction.sch 1 pt 8 ch 67 ch div 5 s 677 amd 2024 No. 6 s 36 sch 1 Chapter 68Exceptions to double jeopardy rulessch 1 pt 8 ch 68 hdg prev sch 1 pt 8 ch 68 hdg om 1992 No. 44 s 235 sch 3pres sch 1 pt 8 ch 68 hdg ins 2007 No. 49 s 4678Definitions for chapter

In this chapter—25 year offence means an offence punishable by imprisonment for life or for a period of 25 years or more.acquittal—

includes—

an acquittal in appeal proceedings in relation to an offence; and

an acquittal at the direction of a court; and

a dismissal under section 700 or the Justices Act 1886, section 149; but

does not include—

an acquittal on account of unsoundness of mind under section 647; or

a discontinuance of proceedings under the Mental Health Act 2016, section 119.

sch 1 pt 8 ch 68 s 678(1) def acquittal amd 2016 No. 5 s 873administration of justice offence means an offence under chapter 16.Court means the Court of Appeal.fresh and compelling evidence see section 678D.interests of justice see section 678F.prescribed offence means an offence, punishable by imprisonment for life, defined in—

section 215(1) to which section 215(3), (4) or (4A) applies; or

section 216(1) to which section 216(3)(a) or (b) applies; or

section 217A(1) to which section 217A(3) applies; or

section 222(1); or

section 229B; or

section 303; or

section 306; or

section 313; or

section 314A; or

section 349; or

section 352(1) to which section 352(3)(a), (b) or (c) applies.

sch 1 pt 8 ch 68 s 678(1) def prescribed offence ins 2024 No. 6 s 27

amd 2024 No. 23 s 17tainted acquittal see section 678E.

For the purposes of this chapter, the retrial of an acquitted person for an offence includes a trial if the offence is not the same as the offence of which the person was acquitted.

In this chapter, a reference to the proceedings in which a person was acquitted includes, if they were appeal proceedings, a reference to the earlier proceedings to which the appeal related.sch 1 pt 8 ch 68 s 678 prev s 678 amd 1971 No. 41 s 7; 1986 No. 1 s 95om 1992 No. 44 s 235 sch 3pres s 678 ins 2007 No. 49 s 4amd 2024 No. 6 s 27

678AApplication of ch 68

This chapter applies if a person has been acquitted of an offence, whether before, on or after the commencement of this section.

However, this chapter does not apply if, in relation to a charge of an offence, a person was acquitted of the offence as charged and convicted instead of another offence of which the person might have been convicted as an alternative to the offence as charged.Examples where this chapter does not apply—

• in relation to a charge of the offence of murder, a person was acquitted of murder and convicted instead of manslaughter

• in relation to a charge of an offence committed with circumstances of aggravation, a person was acquitted of the offence committed with circumstances of aggravation and convicted instead of the offence without any of the circumstances of aggravation

• in relation to a charge of the offence of rape, a person was acquitted of rape and convicted instead of incest

This section extends to a person acquitted in proceedings outside this State of an offence under the law of the place where the proceedings were held.

However, this section does not extend as mentioned in subsection (3) if the law of the place where the proceedings were held does not permit the person to be retried and the application of this chapter to the retrial is inconsistent with the Commonwealth Constitution or a law of the Commonwealth.sch 1 pt 8 ch 68 s 678A ins 2007 No. 49 s 4amd 2014 No. 39 s 35; 2024 No. 6 s 28678BCourt may order retrial for murder—fresh and compelling evidence

The Court may, on the application of the director of public prosecutions, order an acquitted person to be retried for the offence of murder if satisfied that—

there is fresh and compelling evidence against the acquitted person in relation to the offence; and

in all the circumstances it is in the interests of justice for the order to be made.

The Court may order a person to be retried for the offence of murder under this section even if the person had been charged with and acquitted of a lesser offence relating to the unlawful killing of another person.

If the Court orders an acquitted person to be retried for the offence of murder, the Court must quash the person’s acquittal or remove the acquittal as a bar to the person being retried.

On the retrial, section 17 does not apply in relation to the charge of the offence of murder.sch 1 pt 8 ch 68 s 678B ins 2007 No. 49 s 4amd 2024 No. 6 s 29678BA Court may order retrial for prescribed offence—fresh and compelling evidence

The Court may, on the application of the director of public prosecutions, order an acquitted person to be retried for a prescribed offence if satisfied that—

there is fresh and compelling evidence against the acquitted person in relation to the prescribed offence; and

in all the circumstances it is in the interests of justice for the order to be made.

The Court may order a person to be retried for a prescribed offence (the relevant offence) under this section even if—

the person had been charged with and acquitted of another prescribed offence; and

the relevant offence is an offence of which the person might have been convicted as an alternative to the other prescribed offence.

Also, the Court may order a person to be retried for a prescribed offence (also the relevant offence) under this section even if—

the person had been charged with and acquitted of the offence of murder; and

the relevant offence is an offence of which the person might have been convicted as an alternative to the offence of murder.

If the Court orders an acquitted person to be retried for the prescribed offence, the Court must quash the person’s acquittal or remove the acquittal as a bar to the person being retried.

On the retrial, section 17 does not apply in relation to the charge of the prescribed offence.sch 1 pt 8 ch 68 s 678BA ins 2024 No. 6 s 30678CCourt may order retrial for 25 year offence—tainted acquittal

The Court may, on the application of the director of public prosecutions, order an acquitted person to be retried for a 25 year offence if satisfied that—

the acquittal is a tainted acquittal; and

in all the circumstances it is in the interests of justice for the order to be made.

The Court may order a person to be retried for a 25 year offence under this section even if the person had been charged with and acquitted of another offence of which the person might have been convicted as an alternative to the 25 year offence.

If the Court orders an acquitted person to be retried for a 25 year offence, the Court must quash the person’s acquittal or remove the acquittal as a bar to the person being retried.

On the retrial, section 17 does not apply in relation to the charge of the 25 year offence.sch 1 pt 8 ch 68 s 678C ins 2007 No. 49 s 4amd 2024 No. 6 s 31678DFresh and compelling evidence—meaning

This section applies for the purpose of deciding under this chapter whether there is fresh and compelling evidence against an acquitted person in relation to the offence of murder or a prescribed offence.

Evidence is fresh if—

it was not adduced in the proceedings in which the person was acquitted; and

it could not have been adduced in those proceedings with the exercise of reasonable diligence by—

a police officer in relation to the investigation of the commission of the offence; or

a prosecutor in relation to the prosecution of the offence.

For subsection (2)(b), a police officer or prosecutor is taken not to have failed to exercise reasonable diligence merely because the police officer or prosecutor relied on advice or forensic services provided by—

Forensic Science Queensland under the Forensic Science Queensland Act 2024; or

the part of Queensland Health that was known as Forensic and Scientific Services before the commencement of the Forensic Science Queensland Act 2024.

Evidence is compelling if—

it is reliable; and

it is substantial; and

in the context of the issues in dispute in the proceedings in which the person was acquitted, it is highly probative of the case against the acquitted person.

Evidence that would be admissible on a retrial under this chapter is not precluded from being fresh and compelling evidence merely because it would have been inadmissible in the earlier proceedings against the acquitted person.

In this section—forensic services means any type of testing and analysis or scientific interpretation.Queensland Health means the department administering the Hospital and Health Boards Act 2011.sch 1 pt 8 ch 68 s 678D ins 2007 No. 49 s 4amd 2024 No. 6 s 32; 2025 No. 32 s 20A678ETainted acquittal—meaning

This section applies for the purpose of deciding under this chapter whether the acquittal of an accused person is a tainted acquittal.

An acquittal is tainted if—

the accused person or another person has been convicted in this State or elsewhere of an administration of justice offence in relation to the proceedings in which the accused person was acquitted; and

it is more likely than not that, but for the commission of the administration of justice offence, the accused person would have been convicted.

An acquittal is not a tainted acquittal during any of the following periods—

the period provided under section 671(1) for the person convicted of the administration of justice offence (the convicted person) to appeal, or obtain leave to appeal, from the conviction;

if, within the period mentioned in paragraph (a), the convicted person gives notice of an appeal—the period ending when the appeal is decided;

if, within the period mentioned in paragraph (a), the convicted person gives notice of an application for leave to appeal, the period ending—

if the application is refused—when the decision refusing the application is made; or

if the application is granted—when the appeal is decided.

Note—Section 668D provides the right of appeal.

If the conviction for the administration of justice offence is, on appeal, quashed after the Court has ordered the acquitted person to be retried under this chapter because of the conviction, the person may apply to the Court to set aside the order and—

restore the acquittal that was quashed; or

restore the acquittal as a bar to the person being retried for the offence.

sch 1 pt 8 ch 68 s 678E ins 2007 No. 49 s 4678FInterests of justice—matters for consideration

This section applies for the purpose of deciding under this chapter whether it is in the interests of justice for an order to be made for the retrial of an acquitted person.

It is not in the interests of justice to make an order for the retrial of an acquitted person unless the Court is satisfied that a fair retrial is likely in the circumstances.

The Court must have regard in particular to—

the length of time since the acquitted person allegedly committed the offence; and

whether any police officer or prosecutor has failed to act with reasonable diligence or expedition in relation to—

the investigation of the commission of the offence of which the person was acquitted and the prosecution of the proceedings in which the person was acquitted; and

the application for the retrial of the acquitted person.

sch 1 pt 8 ch 68 s 678F ins 2007 No. 49 s 4678GApplication for retrial—procedure

If a person has been acquitted, not more than 1 application for the retrial of the person may be made under this chapter in relation to the acquittal.

If the acquittal results from a retrial under this chapter—

an application may not be made for an order under section 678B or 678BA in relation to the acquittal; but

an application may be made for an order under section 678C in relation to the acquittal.

An application for the retrial of an acquitted person may not be made under this chapter unless—

the person has been charged with the offence for which the retrial is sought (the relevant offence); or

a warrant has been issued for the person’s arrest in relation to the relevant offence.

The application must be made not later than 28 days after the person is charged with the relevant offence or the warrant is issued for the person’s arrest in relation to the relevant offence.

The Court may extend the period mentioned in subsection (4) for good cause.

The Court must consider the application at a hearing.

The person to whom the application relates is entitled to be present and heard at the hearing, whether or not the person is in custody.

However, if the person has been given a reasonable opportunity to be present, the application may be decided even if the person is not present.

The powers of the Court mentioned in section 671B(1) may be exercised in relation to the hearing of the application.

The Court may at 1 hearing consider more than 1 application under this chapter for a retrial (whether or not relating to the same person), but only if the offences concerned may be tried on the same indictment.

If the Court decides in proceedings on an application under this chapter that the acquittal is not a bar to the person being retried for the offence concerned, it must make a declaration to that effect.sch 1 pt 8 ch 68 s 678G ins 2007 No. 49 s 4amd 2024 No. 6 s 33678HRetrial

An indictment for the retrial of a person that has been ordered under this chapter may not, without the leave of the Court, be presented after the end of the period of 2 months after the order was made.

The Court may give leave only if it is satisfied that—

the prosecutor has acted with reasonable expedition; and

there is good and sufficient reason for the retrial despite the lapse of time since the order was made.

If, after the end of the period of 2 months after an order for the retrial of an accused person was made under this chapter, an indictment for the retrial of the person has not been presented or has been withdrawn or quashed, the person may apply to the Court to set aside the order for the retrial and—

restore the acquittal that was quashed; or

restore the acquittal as a bar to the person being tried for the offence.

If the order is set aside, a further application may not be made under this chapter for the retrial of the accused person in relation to—

the offence concerned; or

another offence of which the person might have been convicted as an alternative to the offence concerned.

At the retrial of an accused person, the prosecution is not entitled to refer to the fact that the Court has found that it appears that—

there is fresh and compelling evidence against the acquitted person; or

more likely than not, but for the commission of the administration of justice offence, the accused person would have been convicted.

sch 1 pt 8 ch 68 s 678H ins 2007 No. 49 s 4amd 2024 No. 6 s 34678IAuthorisation of police investigations

This section applies to any police investigation of the commission of an offence by an acquitted person in relation to the possible retrial of the person for the offence under this chapter.

For the purposes of this section, a police investigation is an investigation that involves, whether with or without the consent of the acquitted person—

any arrest, questioning or search of the acquitted person, or the issue of a warrant for the arrest of the person; or

any forensic procedure carried out on the person or any search or seizure of premises or property of or occupied by the person.

A police officer may carry out or authorise a police investigation to which this section applies only if the director of public prosecutions—

has advised that, in the opinion of the director of public prosecutions, the acquittal would not be a bar to the retrial of the acquitted person in this State for the offence; or

has given written consent to the police investigation on the application in writing of the commissioner, or a deputy commissioner, of the police service.

The commissioner, or a deputy commissioner, of the police service may make an application for the police investigation only if satisfied that relevant evidence for the purposes of an application for a retrial under this chapter—

has been obtained; or

is likely to be obtained as a result of the investigation.

The director of public prosecutions may give consent to the police investigation only if satisfied that—

there is, or there is likely as a result of the investigation to be, sufficient new evidence to warrant the conduct of the investigation; and

it is in the public interest for the investigation to proceed.

Despite the Police Service Administration Act 1990, section 4.10, the commissioner of the police service may not delegate powers of the commissioner under this section to a police officer or staff member.sch 1 pt 8 ch 68 s 678I ins 2007 No. 49 s 4678JBail

This section has effect despite anything to the contrary in the Bail Act 1980.

There is a presumption in favour of bail for a person who is charged with an offence for which a retrial is sought under this chapter until the application for the retrial is dealt with.sch 1 pt 8 ch 68 s 678J ins 2007 No. 49 s 4678KRestrictions on publication

A person must not publish any matter for the purpose of identifying or having the effect of identifying an acquitted person who is being retried under this chapter or who is the subject of—

a police investigation, or an application for a police investigation, mentioned in section 678I; or

an application for a retrial, or an order for retrial, under this chapter.

Subsection (1) does not apply if the publication is authorised by order of the Court or of the court before which the acquitted person is being retried.

The relevant court may make an order authorising publication only if the court is satisfied that it is in the interests of justice to make the order.

Before making an order under this section, the relevant court must give the acquitted person a reasonable opportunity to be heard on the application for the order.

The relevant court may at any time vary or revoke an order under this section.

The prohibition on publication under this section ceases to have effect, subject to any order under this section, when the first of the following paragraphs apply—

there is no longer any step that could be taken which would lead to the acquitted person being retried under this chapter;

if the acquitted person is retried under this chapter—the trial ends.

Nothing in this section affects any prohibition of the publication of any matter under any other Act or law.

A contravention of a prohibition on publication under this section is punishable as contempt of the Supreme Court.sch 1 pt 8 ch 68 s 678K ins 2007 No. 49 s 4679sch 1 pt 8 ch 68 s 679 amd 1943 7 Geo 6 No. 14 s 27; 1964 No. 14 s 20om 2000 No. 5 s 373 sch 2 Chapter 69Seizure and detention of property connected with offences—restitution of property unlawfully acquiredsch 1 pt 8 ch 69 hdg amd 2000 No. 43 s 32679ASearch of aircraft

If it appears to the person in command of an aircraft that there are reasonable grounds for suspecting that any offence involving the safety of the aircraft has been, is being, is about to be, or may be, committed on board or in relation to the aircraft it shall be lawful for the person and for any person acting by the person’s authority with such assistance as the person or such person may think necessary to search or cause to be searched—

the aircraft and any person luggage and freight on board the aircraft; and

any person who is about to board the aircraft and any luggage or freight that is about to be placed on board the aircraft;

and seize—

anything whether animate or inanimate and whether living or dead as to which there are reasonable grounds for believing that it will of itself or by or on scientific examination, afford evidence as to the commission of any offence; or

anything as to which there are reasonable grounds for believing that it is intended to be used for the purpose of committing any offence;

and take it before a justice to be dealt with according to law.

A female shall not be searched under this section except by a female.sch 1 pt 8 ch 69 s 679A ins 1964 No. 14 s 21amd 2007 No. 37 s 42 sch679Bsch 1 pt 8 ch 69 s 679B ins 1973 No. 88 s 12amd 1986 No. 1 s 96om 2000 No. 5 s 461 sch 3680Property found on offenders on arrestWhen, on the arrest of any person on a charge of an offence relating to property, the property in respect of which the offence is alleged to be committed is found in the person’s possession, the person arresting the person may take such property before a justice to be dealt with according to law.680Asch 1 pt 8 ch 69 s 680A ins 1943 7 Geo 6 No. 14 s 28om 2000 No. 5 s 373 sch 2681sch 1 pt 8 ch 69 s 681 om 1997 No. 3 s 120 sch 1682Disposal of property seized

When anything is seized or taken under the provisions of this Code, the person seizing or taking it is required forthwith to carry it before a justice.

The justice may cause the thing so seized or taken to be detained in such custody as the justice may direct, taking reasonable care for its preservation, until the conclusion of any investigation that may be held with respect to it; and, if any person is committed for trial for any offence committed with respect to the thing so seized or taken, or committed under such circumstances that the thing so seized or taken is likely to afford evidence at the trial, the justice may cause it to be further detained in like manner for the purpose of being produced in evidence at such trial.

If no person is so committed, the justice is required to direct that the thing be returned to the person from whom it was taken, unless the justice is authorised or required by law to dispose of it otherwise.

If the thing so seized or taken is anything forged or counterfeit, or is of such a nature that a person who has it in the person’s possession without lawful authority or excuse is guilty of an offence, then, if any person is committed for trial for any offence committed with respect to it or committed under such circumstances as aforesaid and is convicted, the court before which the person is convicted, or, in any other case, any justice, may cause it to be defaced or destroyed.

If the thing so seized or taken is of such a nature that a person who has it in his or her possession, knowing its nature and without lawful authority or excuse, is guilty of an offence, then, as soon as it appears that it will not be required, or further required, in evidence against the person who had it in his or her possession, it is to be delivered to the Treasurer, or some person authorised by the Treasurer to receive it.683ExplosivesIf the thing seized or taken is an explosive substance found in a vessel or vehicle, the person acting in the execution of the warrant may for 24 hours after seizure, and for such longer time as is necessary for the purpose of removal to a safe place of deposit, use the vessel or the vehicle, with the tackle and furniture thereof, or the beasts, and accoutrements belonging thereto as the case may be, paying afterwards to the owner of the vessel or vehicle a sufficient recompense for its use, which is to be assessed by the justice or justices before whom the suspected offender is brought, and, in case of non-payment immediately after such assessment, may be recovered before 2 justices in a summary way.684sch 1 pt 8 ch 69 s 684 om 2000 No. 43 s 33685sch 1 pt 8 ch 69 s 685 om 1992 No. 48 s 207 sch685Asch 1 pt 8 ch 69 s 685A ins 1975 No. 27 s 39amd 1988 No. 88 s 5 sch 2; 1989 No. 17 s 56

om 1992 No. 48 s 207 sch685BOrders for delivery of certain property

Where any property has come into the custody or possession of a court or justices in connection with any charge, the court or justices, on the conclusion of the trial and on the application of the prosecutor, may make an order for the delivery of the property to the person appearing to the court or justices to be the person lawfully entitled thereto or, if that person can not be ascertained, may make such order with respect to the property as to the court or justices seems just.

An order so made shall not be a bar to the right of any person to recover the property by action from the person to whom it is delivered by virtue of the order.sch 1 pt 8 ch 69 s 685B ins 1986 No. 1 s 97amd 2000 No. 5 s 373 sch 2 Chapter 70Informations by private persons for indictable offences—ex officio indictments686Information by leave of the court by private prosecutors

Any person may by leave of the Supreme Court present an information against any other person for any indictable offence, alleged to have been committed by such other person.

An information presented by leave of the court is to be signed by the person on whose application the leave is granted, or some other person appointed by the court in that behalf, and filed in the Supreme Court.

The person who signs the information is called the prosecutor.

The information is to be intituled ‘The Queen on the prosecution of the prosecutor (naming the person) against the accused person (naming the person)’, and must state that the prosecutor informs the court by leave of the court.

Except as otherwise expressly provided, the information and the proceedings upon it are subject to the same rules and incidents in all respects as an indictment presented by a Crown Law Officer and the proceedings upon such an indictment as hereinbefore set forth.sch 1 pt 8 ch 70 s 686 amd 26 March 1994 RA s 39687Security to be given by prosecutor for costs of defenceBefore the information is presented the prosecutor is to be required to give security, in such amount and in such manner as the court on giving leave to present the information may direct, that the prosecutor will prosecute the information without delay, and will pay to the accused person such costs incurred by the accused person in respect of the person’s defence to the charge as the court may order the prosecutor to pay.688Service of informationAn office copy of the information is to be served upon the accused person, upon which copy there must be endorsed a summons, under the hand of the registrar and seal of the court, requiring the person to appear and plead to the information within the same time after service within which the person would be required to enter an appearance after service of a writ in a civil action.689PleaThe accused person is required within the time so limited to enter an appearance and file the person’s plea in writing in the Supreme Court, and to deliver a copy thereof forthwith to the prosecutor.690Default of plea

If the accused person does not plead to the information according to the exigency of the summons endorsed on the copy served on the person, the prosecutor may serve the accused person with a notice to the effect that unless the person pleads or demurs within 8 days a plea of not guilty will be filed in the person’s name.

Upon filing an affidavit setting forth the service of the information and of such notice, and of default of pleading in accordance with the exigency of the notice, the prosecutor may cause a plea of not guilty to be filed for the accused person, and thereupon the same proceedings may be had as if the accused person had filed a plea of not guilty.

Or, in the case of a misdemeanour, judgment of conviction may, by leave of the court or a judge, be entered against the accused person for want of a plea.

But the court or a judge may, either before or after the time so prescribed, allow further time for the accused person to plead or demur to the information.691Time and place of trialWhen the accused person pleads any plea, or when a plea of not guilty is filed for the person by the prosecutor, either party may apply to a judge to appoint the time and place of trial, of which notice is to be given to the accused person.692Effect of judgment for prosecutor on demurrer

If the accused person demurs only, and does not plead any plea, and judgment is given against the person on demurrer, the person is required to plead to the information within such time as the court or a judge may allow.

If the accused person makes default in doing so, the same proceedings may be taken as if the person had made default in pleading in the first instance.sch 1 pt 8 ch 70 s 692 amd 1908 8 Edw 7 No. 18 s 5 sch 3693Effect of judgment by default

If judgment of conviction is entered against the accused person for want of a plea, the person is required to attend to receive the judgment of the court at a time and place to be appointed by a judge.

If the accused person does not so attend, any justice may issue a warrant to arrest the person and bring him or her before the court to receive judgment.694Costs of defenceIn any of the following cases, that is to say—

if an application for leave to present an information against a person (the accused person) ends without the application being granted;

if the accused person pleads to the information, and is not brought to trial within a year after filing the person’s plea;

if a Crown Law Officer informs the court that the Crown Law Officer will not further proceed on the information;

if the accused person is acquitted upon trial;

the court, or the judge before whom the trial (if any) is had, may award costs to the accused person.sch 1 pt 8 ch 70 s 694 amd 2010 No. 2 s 89 sch 1; 2010 No. 42 s 22695Practice to be applied on ex officio indictmentWhen an indictment is presented in the Supreme Court by a Crown Law Officer against any person who has not been committed for trial for the offence charged in the indictment, the Crown may proceed thereon in the manner prescribed in this chapter with respect to informations filed by private prosecutors, except that no security shall be required.sch 1 pt 8 ch 70 s 695 amd 2002 No. 68 s 308 Chapter 71Miscellaneous provisions695APower to protect victim of violence by prohibiting publication of information about proceedings

This section applies to—

a judge of a court—

to which someone has been committed for trial or sentence for an indictable offence involving personal violence; or

before which an indictment has been presented for an offence involving personal violence; or

hearing and deciding a proceeding for a COVA application relating to an offence involving personal violence; and

a magistrate summarily hearing and deciding a proceeding for an indictable offence involving personal violence, including a committal proceeding.

The judge or magistrate may make an order prohibiting, indefinitely or for a specified time, the publication of information about the address of a person against whom the violence is alleged to have been committed.

The order may be made on application by the person, or by the prosecution acting in the person’s interests.

The order may be made only if the information is not relevant to the guilt or innocence of the charged person.

An application for an order under this division may be made—

in chambers; and

only in the presence of persons the judge or magistrate allows.

On the hearing of the application the judge or magistrate may receive and act on information the judge or magistrate considers appropriate.

In this section—address, of a person, means the address of the person’s residence, school, place of employment or other address.COVA application means an application under the repealed Criminal Offence Victims Act 1995, part 3, as applying under the Victims of Crime Assistance Act 2009, chapter 6, part 2.sch 1 pt 8 ch 71 s 695A ins 1995 No. 54 s 45 sch 2amd 2009 No. 35 s 203696Warrant for release of person detained in custody

This section applies if—

a person (the accused) is detained in custody on a charge of an indictable offence; and

a decision has been made not to proceed with the charge.

The Attorney-General may issue a warrant for the accused’s release from custody in relation to the charge.

The warrant must be—

signed by the Attorney-General; and

addressed to the person having custody of the accused.

The warrant authorises the person having custody of the accused to release the accused from custody immediately in relation to the charge stated in the warrant.

However, the accused must not be released from custody if the accused is otherwise lawfully detained.sch 1 pt 8 ch 71 s 696 prev s 696 om 1997 No. 3 s 120 sch 1pres s 696 ins 2011 No. 45 s 117697Court may direct certain persons to be prosecuted for perjury

If it appears to any court that any person has been guilty of perjury in any testimony given before it, the court may commit the person to take the person’s trial for such perjury before any court of competent jurisdiction in the same manner as if the person had been charged before a justice with the same perjury, and sufficient evidence had been given against the person.

A person so committed may be granted bail in the same manner as if the person had been committed for trial by a justice.

The court may order that any person be given a notice to appear and give evidence at the trial of a person so directed to be prosecuted.

In this section—court includes any person before whom a writ of inquiry is executed, but does not include a Magistrates Court.sch 1 pt 8 ch 71 s 697 amd 1980 No. 35 s 4 (1) sch 1698sch 1 pt 8 ch 71 s 698 amd 1900 64 Vic No. 7 s 1 sch; 1980 No. 35 s 4 (1) sch 1om 1997 No. 3 s 120 sch 1699Staying prosecution for publication of parliamentary paper

A person prosecuted on a charge of the unlawful publication of defamatory matter which is contained in any paper published by the person, or by the person’s servant, by order or under the authority of the Legislative Assembly, may, at any stage of the proceedings, apply to the Supreme Court or a judge thereof or to the court in which the proceedings are pending, for an order staying the prosecution, first giving 24 hours notice of intention so to do to the prosecutor; and upon production to the court or judge of a certificate under the hand of the Speaker of the Legislative Assembly or clerk of the Parliament stating that the paper in respect of which the prosecution is instituted was published by the defendant, or by the defendant’s servant, by order or under the authority of the Assembly, together with an affidavit verifying such certificate, the court or judge is required immediately to stay the prosecution, and may order the prosecutor to pay to the defendant the defendant’s costs of defence.

A person prosecuted on a charge of the unlawful publication of defamatory matter which is contained in a copy of, or an extract from or abstract of, any such paper, may, at any stage of the proceedings, apply to the Supreme Court or a judge thereof, or to the court in which the proceedings are pending, for an order staying the prosecution; and upon production to the court or judge of an original of such paper, together with such a certificate as aforesaid, and an affidavit verifying the same, the court or judge may stay the prosecution, and may order the prosecutor to pay to the defendant the defendant’s costs of defence.700Certificate of dismissal by justices

When justices dismiss a complaint of an offence punishable on summary conviction, whether an indictable offence or not, they may, if required and if they think fit, give the accused person a certificate of dismissal.

Such a certificate is a bar to any further prosecution of the accused person for the same cause.701sch 1 pt 8 ch 71 s 701 amd 1913 4 Geo 5 No. 25 s 2(vi); 1943 7 Geo 6 No. 14 s 29; 1974 No. 57 s 8 schom 2000 No. 43 s 34702Saving of civil remediesExcept when expressly so provided, the prosecution or conviction of a person for an offence does not affect any civil remedy which any person aggrieved by the offence may have against the offender.703sch 1 pt 8 ch 71 s 703 om 1974 No. 75 s 4 sch704No court fees in criminal cases

No fees can be taken in any court of criminal jurisdiction or before any justice from any person who is charged with an indictable offence for any proceeding had or taken in the court or before the justice with respect to the charge.

To remove any doubt, it is declared that the offender levy imposed under the Penalties and Sentences Act 1992, section 179C is not a fee mentioned in subsection (1).sch 1 pt 8 ch 71 s 704 amd 2012 No. 17 s 17705Copies of depositions to be allowed to persons committed for trial

Any person who is committed for trial or granted bail for any indictable offence is entitled to have on demand from the person who has the lawful custody thereof copies of the depositions of the witnesses on whose depositions the person has been so committed or granted bail.

However, if the demand is not made before the day appointed for the commencement of the sittings of the court at which the trial of the person on whose behalf the demand is made is to take place, the person is not entitled to have any such copy unless the judge is of opinion that the copy may be made and delivered without delay or inconvenience to the trial.

The court may postpone a trial on account of the accused person not having previously had a copy of the depositions.sch 1 pt 8 ch 71 s 705 amd 1980 No. 35 s 4 (1) sch 1706Inspection of depositions at trialAny person who is tried for any offence is entitled at the time of the person’s trial to inspect without fee all depositions, or copies of depositions, which have been taken against the person and returned into the court before which the trial is had.706ADevelopment of administrative arrangements

An administrative arrangement can not affect—

any power of a court, including any inherent power, to give a direction or make an order in a particular case, or generally; or

the judicial independence of any court or judicial officer.

However, a practice direction may be made to give effect to an administrative arrangement.

In this section—administrative arrangement means an arrangement entered into between 2 or more relevant agencies for the development of compatible business and operating processes to facilitate the efficient and timely resolution of proceedings under relevant laws.relevant agency means any of the following—

the chief executive;

the chief executive (corrective services);

the chief executive of the department in which the Youth Justice Act 1992 is administered;

the commissioner of the police service;

the director of public prosecutions;

the Chief Magistrate under the Magistrates Act 1991;

the Chief Judge of the District Court of Queensland under the District Court of Queensland Act 1967;

the Chief Justice of Queensland;

the chief executive officer, Legal Aid Queensland;

the president of the Queensland Law Society Incorporated;

the president of the Bar Association of Queensland;

if nominated by the chief executive—the chief executive officer of a publicly funded, non-profit corporation whose primary purpose as a corporation is to provide legal services to Aboriginal and Torres Strait Islander people.

relevant law means any of the following—

any law that includes provisions relating to criminal procedure, including in particular this Code and the Justices Act 1886;

any other law that operates in conjunction with, or whose operation is otherwise associated with, the operation of a law mentioned in paragraph (a);

practice directions relating to criminal practice and procedure for the purposes of the operation of a law mentioned in paragraph (a).

sch 1 pt 8 ch 71 s 706A ins 2010 No. 26 s 37707Forms of criminal proceedingsA form prescribed under a rule of court for a criminal proceeding is taken to be—

sufficient for the purpose for which it is to be used; and

if used, a sufficient statement of the relevant offence or matter.

sch 1 pt 8 ch 71 s 707 amd 1913 4 Geo 5 No. 23 s 2(3); 1980 No. 35 s 4 (1) sch 1; 1989 No. 17 s 57sub 1995 No. 58 s 4 sch 1708Regulation-making powerThe Governor in Council may make regulations under this Code.sch 1 pt 8 ch 71 s 708 prev s 708 ins 1997 No. 38 s 15exp 1 August 1999 (see prev s 708(3))pres s 708 ins 2003 No. 55 s 32708Asch 1 pt 8 ch 71 s 708A ins 2013 No. 45 s 49amd 2016 No. 62 s 138om 2016 No. 62 s 145