Indictable matters commenced by SA Police
106 Indictable matters commenced by SA Police
The following provisions apply in relation to an information charging an indictable offence where SA Police have been the investigating authority and the offence is to be subsequently prosecuted by the
Director of Public Prosecutions (a State criminal offence):
SA
Police must provide the Director of Public Prosecutions with information in relation to the matter (the preliminary brief) that is, in the opinion of the Director of Public Prosecutions, sufficient for the Director of Public Prosecutions to make a determination (the charge determination) as to the appropriate charge or charges to be proceeded with;
unless the Director of Public Prosecutions determines otherwise, SA Police will appear before the Magistrates Court on behalf of the prosecution until—
the
Director of Public Prosecutions considers the preliminary brief and makes the charge determination; or
the defendant elects to have the relevant offence or offences called on in the Magistrates Court for the purpose of entering a guilty plea, whichever occurs first;
SA
Police must, as soon as practicable after providing the preliminary brief to the Director of Public Prosecutions—
give a copy of the preliminary brief to the defendant or a legal practitioner representing the defendant; and
file a copy of the preliminary brief in the Magistrates Court;
the
Magistrates Court must, in adjourning the proceedings under section 105(5)—
have regard to information provided by the prosecution as to the witness statements and other material to be obtained for the purposes of completion of the preliminary brief and the time within which it is expected that the preliminary brief can be completed; and
ensure that the adjournment is for a period that—
allows sufficient time for the completion of the preliminary brief; and
allows an additional period of not less than 4 weeks for the Director of Public Prosecutions to consider the preliminary brief and make a charge determination;
the
Magistrates Court must not commence committal proceedings under
Division 3 unless the Court has been advised by the prosecution that the
Director of Public Prosecutions has made the charge determination.
If the Director of Public Prosecutions has not made the charge determination by the time of the defendant's second appearance before the Magistrates Court in relation to the charge, the prosecution may apply to the Court for an adjournment of the matter to enable that to occur.
On an application under subsection (2), the Magistrates Court—
must have regard to information provided by the prosecution as to the witness statements and other material to be obtained for the purposes of completion of the preliminary brief and the time within which it is expected that the preliminary brief can be completed and the charge determination made; and
having regard to that information, may grant the adjournment of the matter or may dismiss the charge, (and, if the proceedings are adjourned and at any subsequent appearance the Court is advised that the Director of Public Prosecutions has still not made the charge determination, subsection (2) and this subsection also apply to the Court in relation to that appearance).
The fact that a charge has been dismissed by the Magistrates Court under this section does not prevent the charge from being subsequently laid again.
If an information to which this section applies also includes charges of offences other than State criminal offences, the Magistrates
Court may make such orders varying the operation of this section as it thinks necessary in the circumstances.
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