(1) All offences shall be punishable by information (to be called an indictment) in the Supreme Court or the District Court, on behalf of the Crown, in the name of the Attorney General or the Director of Public Prosecutions.
(1) The Criminal Listing Director is, subject to the regulations, to make arrangements for the listing of criminal proceedings that are to be heard and determined before the Supreme Court or the District Court.
(1) An indictment shall be signed:
(a) by the Attorney General, the Solicitor General or the Director of Public Prosecutions, or (b) for and on behalf of the Attorney General or the Director of Public Prosecutions by:
(i) a Crown Prosecutor, (ii) a Deputy Director of Public Prosecutions, or (iii) a person authorised under subsection (2) to sign indictments.
(1) In this section, court means the Supreme Court or District Court.(2) A court may order an indictment to be presented on the date fixed for the trial of a person in the court for an indictable offence, or on or before some other later date. (3) A court may order the presentation of an indictment whether or not the prosecutor is ready to proceed with the case.
(1) If a person is found guilty of an offence and the court is satisfied that:
(a) a document in the form prescribed for the purposes of this section is filed in the court, and (b) the document contains a list of one or more other offences with which the person has been charged but of which the person has not been convicted, and (c) the document has been signed by the person and:
(i) by the Director of Public Prosecutions, or (ii) for and on behalf of the Director of Public Prosecutions, by a specified person, or a person of a specified class, authorised by order in writing by the Director of Public Prosecutions to sign documents under this section, or (iii) by a prescribed person or a person of a prescribed class, and (d) a copy of the document has been given to the person found guilty, and (e) in all the circumstances it is proper to do so, the court may, with the consent of the prosecutor and before dealing with the person for the offence of which the person has been found guilty, ask the person whether the person admits guilt in respect of all or any of the offences specified in the list and wishes them to be taken into account by the court in so dealing with the person. (2) If the person:
(a) admits guilt in respect of all or any of the offences specified in the list, and (b) wishes to have them taken into account by the court in dealing with the person for the offence of which the person has been found guilty, the court may, if it thinks fit, in imposing a penalty on the person for the offence of which the person has been found guilty, take into account all or any of the offences in respect of which the person has admitted guilt.
(1) If an offence is taken into account under section 21, the court shall certify, on the document filed under that section, that the offence was so taken into account. (2) Subsequently, no proceedings shall be taken or continued in respect of the offence unless the decision in respect of which the offence has been taken into account is quashed or set aside. (3) This section does not prevent offences taken into account under section 21 in deferring the imposition of a penalty from being taken into account under that section when imposing the penalty the imposition of which was deferred.
(1) If a court has, in or in connection with any criminal proceedings (including proceedings on appeal):
(a) imposed a penalty that is contrary to law, or (b) failed to impose a penalty that is required to be imposed by law, the court (whether or not differently constituted) may reopen the proceedings and, after giving the parties an opportunity of being heard, impose a penalty that is in accordance with the law (and, if necessary, amend any relevant conviction or order). (2) The court may reopen the proceedings on its own motion or on the application of a party to the proceedings.
(1) Where, under a conviction of a reciprocating court, a fine is payable by a body corporate having or appearing to have property in New South Wales and the registrar of the Local Court held for the district in which the body corporate has or appears to have property receives a request in writing from the relevant officer of the reciprocating court for the enforcement of the conviction, accompanied by:
(a) a copy, certified by the relevant officer to be correct, of the conviction, and (b) a certificate under the hand of the relevant officer specifying the amount of the fine that remains unpaid, the registrar is required:
(c) to register the conviction by filing in the court the certified copy of the conviction, and (d) to note, on the certified copy, the date of registration. (2) A conviction may be registered even though the amount of the fine that remains unpaid is greater than the amount which may be claimed in an action in a Local Court pursuant to the . Local Courts (Civil Claims) Act 1970 (3) On registration of a conviction:
(a) the conviction is, for the purposes of this Part, to be taken to be a civil judgment of the Local Court entered up against the body corporate in the amount specified as unpaid in the certificate relating to the conviction, and (b) the registrar is required to issue a writ of execution for the purpose of recovering the amount, and (c) subject to this section, this Part applies to and in relation to the writ of execution, and the execution of the writ, as if the writ had been issued under section 58 of the in connection with a judgment of the court. Local Courts (Civil Claims) Act 1970
(1) An accused person in criminal proceedings in the Supreme Court or District Court must be tried by the Judge alone if:
(a) the person so elects in accordance with this section, and (b) the Judge is satisfied that the person, before making the election, sought and received advice in relation to the election from a barrister or solicitor. (2) An election may not be made unless:
(a) all other accused persons in the trial also elect to be tried by the Judge alone, and (b) each election is made in respect of all offences with which the accused persons in the trial are charged.
(1) This section prescribes the maximum penalty that may be imposed for an indictable offence listed in Table 1 to this Part dealt with summarily under this Part in any case where the maximum penalty (when the offence is dealt with summarily) is not provided by law. (2) The maximum term of imprisonment that a Local Court may impose for an offence is, subject to this section, 2 years or the maximum term of imprisonment provided by law for the offence, whichever is the shorter term. (3) The maximum fine that a Local Court may impose for an offence is 100 penalty units or the maximum fine provided by law for the offence, whichever is the smaller fine.
(1) A court may, at the conclusion of the trial of an accused person for an indictable offence, deal with any related summary offence with which the accused person has been charged.
(1) The court is to deal with a related summary offence under this Part without a jury and on the basis only of evidence given during the trial of the accused person for any indictable offence in the same proceedings and additional evidence given under this section.
(1) A police officer may apply to a court at any time before the determination of proceedings against a person for an offence concerning livestock for an order to sell the livestock at public auction if, after making reasonable inquiries, there does not appear to the officer to be any dispute as to the ownership of the livestock but the officer does not know who or where the owner is.
(1) A police officer may apply to a court at any time before the determination of proceedings against a person for an offence concerning livestock for an order to sell the livestock at public auction if there is a dispute as to the ownership of the livestock and:
(a) no party to the dispute undertakes to pay the expenses of keeping the livestock in police custody, or (b) a party who has given such an undertaking fails to comply with the undertaking. (2) The court may make an order for the sale of the livestock at public auction or it may make an order that one or more of the parties disputing ownership pay the expenses of keeping the livestock in police custody in such proportions as it determines.