(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) For the purposes of this or any other Act, a summary offence, or an indictable offence that may be dealt with summarily, is taken to be sufficiently stated or described if it is stated or described by the use of a short expression that describes the offence in general terms. (2) This section applies to a statement or description of an offence in any court attendance notice, warrant, subpoena, notice, order or other document.
(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) When a person charged with an indictable offence listed in Table 1 to Schedule 1 first appears before a Local Court in respect of the offence, the Court:
(a) is to address the person about the person’s right to make an election and the consequences of not making an election, and (b) is to give to the person a statement about the person’s right to make an election and the consequences of not making an election that is in the form of words prescribed by the regulations.
(1) This section prescribes the maximum penalty that may be imposed for an indictable offence listed in Table 1 to Schedule 1 dealt with summarily under this Division 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. (4) The maximum term of imprisonment that a Local Court may impose for the following offences is:
(a) for an offence under section 51A, 52A or 52B of the —18 months, Crimes Act 1900 (b) for an offence under section 53 or 54 of the —12 months. Crimes Act 1900 (4A) The maximum penalty that a Local Court may impose for an offence under section 25 of the is imprisonment for 12 months, or a fine of 50 penalty units, or both. Oaths Act 1900
(1) This section prescribes the maximum penalty that may be imposed for an indictable offence listed in Table 2 to Schedule 1 dealt with summarily under this Division in any case where the maximum penalty (when the offence is dealt with summarily) is not provided by law.
(1) If at the conclusion of the trial of an accused person for an indictable offence, a court finds the accused person guilty of the offence, the court:
(a) is (unless it considers it inappropriate in the circumstances to do so) to order that the charge in relation to each back up offence be dismissed, and (b) is to deal with any back up offence the charge for which is not dismissed under paragraph (a) and any related offence with which the accused person has been charged in accordance with this Part, unless to do so would not be in the interests of justice.
(1) The court is to deal with a back up offence or related offence under this Part without a jury and on the basis only of evidence given during the trial of the accused person for the relevant indictable offence in the same proceedings and additional evidence given under this section.
(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) The Attorney General may, if of the opinion that it is appropriate to do so, grant a person an indemnity from prosecution (whether on indictment or summarily):
(a) for a specified offence, or (b) in respect of specified acts or omissions.
(1) The Attorney General may, if of the opinion that it is appropriate to do so, give to a person an undertaking that:
(a) an answer that is given, or a statement or disclosure that is made, by the person in the course of giving evidence in specified proceedings, or (b) the fact that the person discloses or produces a document or other thing in specified proceedings, being proceedings for an offence against a law of the State (whether an indictable offence or a summary offence), will not be used in evidence against the person.
(1) After the indictment is presented in any criminal proceedings, the court may order both the prosecuting authority and the accused person to undertake pre-trial disclosure in accordance with this Division.
(1) A notice under this Division is to be in writing.
(1) The prosecuting authority is not to disclose in any notice under this Division the address or telephone number of any witness proposed to be called by the prosecuting authority, or of any other living person, unless:
(a) the address or telephone number is a materially relevant part of the evidence, or (b) the court makes an order permitting the disclosure.
(1) Exclusion of evidence The court may refuse to admit evidence in any criminal proceedings that is sought to be adduced by a party who failed to disclose the evidence to the other party in accordance with pre-trial disclosure requirements. (2) Dispensing with formal proof The court may allow evidence to be adduced by a party to criminal proceedings without formal proof of a matter if the evidence was disclosed to the other party and the other party did not disclose an intention to dispute or require proof of the matter as required by the pre-trial disclosure requirements.
(1) A statement about any matter that is made by or on behalf of the accused person for the purposes of complying with the pre-trial disclosure requirements does not constitute an admission of that matter by the accused. (2) The court may make orders to resolve any dispute between the parties to criminal proceedings about:
(a) pre-trial disclosure requirements, or (b) the use of anything disclosed under this Division (including restrictions on publication or further disclosure).
(1) This section applies only to trials on indictment. (2) An accused person may not, without the leave of the court, adduce evidence in support of an alibi unless, before the end of the prescribed period, he or she gives notice of particulars of the alibi. (3) Without limiting subsection (2), the accused person may not, without the leave of the court, call any other person to give evidence in support of an alibi unless:
(a) the notice under that subsection includes the other person’s name and address or, if the other person’s name or address is not known to the accused person at the time he or she gives notice, any information in his or her possession that might be of material assistance in finding the other person, and (b) if the other person’s name or address is not included in the notice, the court is satisfied that the accused person before giving notice took, and thereafter continued to take, all reasonable steps to ensure that the other person’s name or address would be ascertained, and (c) if the other person’s name or address is not included in the notice, but the accused person subsequently discovers the other person’s name or address or receives other information that might be of material assistance in finding the other person, he or she immediately gives notice of the name, address or other information, and (d) if the accused person is notified by or on behalf of the Crown that the other person has not been traced by the name or address given by the accused person, he or she immediately gives notice of any information that might be of material assistance in finding the other person and that is then in his or her possession or, on subsequently receiving any such information, immediately gives notice of it.
(1) On a trial for murder, the accused person must not, without the leave of the court, adduce evidence tending to prove a contention of substantial mental impairment unless the accused person gives notice, as prescribed by the regulations, of his or her intention to raise that contention. (2) Without limiting subsection (1), the accused person must not, without the leave of the court, call any other person to give evidence tending to prove a contention of substantial mental impairment unless the notice under this section includes:
(a) the name and address of the other person, and (b) particulars of the evidence to be given by the other person.
(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) The Chief Justice of the Supreme Court may issue a practice note on behalf of the Supreme Court giving directions to prosecuting authorities with respect to the classes of indictments that are to be presented to the District Court rather than the Supreme Court.
(1) In this section, relevant court , in relation to a matter, means the Supreme Court or the District Court before which the matter has been listed for trial or mention.(2) An indictment is to be presented within 4 weeks after the committal of the accused person for trial, except as provided by this section.
(1) In this section, court means the Supreme Court or District Court.
(1) Unless a contrary intention appears, a provision of an Act relating to an offence applies to bodies corporate as well as to individuals.
(1) If of the opinion that an indictment is defective but, having regard to the merits of the case, can be amended without injustice, the court may make such order for the amendment of the indictment as it thinks necessary to meet the circumstances of the case. (2) If of the opinion:
(a) that an accused person may be prejudiced or embarrassed in his or her defence by reason of being charged with more than one offence in the same indictment, or (b) that for any other reason it is desirable to direct that an accused person be tried separately for any one or more offences charged in an indictment, the court may order a separate trial of any count or counts of the indictment.
(1) This section applies to an indictment for conspiracy. (2) It is not necessary to state any overt act of conspiracy.
(1) In any indictment against the publisher of an obscene or blasphemous libel, it is not necessary to set out the obscene or blasphemous passages.
(1) In this section:
(a) a reference to the husband or wife of an accused person includes a reference to a person living with the accused person as the husband or wife of the accused person on a bona fide domestic basis although not married to the accused person, and (b) a reference to a domestic violence offence is a reference to a domestic violence offence within the meaning of the , and Crimes Act 1900 (c) a reference to a domestic violence offence committed on the husband or wife of an accused person includes a reference to an offence of contravening a prohibition or restriction specified in an apprehended violence order that was made against the accused person and in respect of which the husband or wife was the protected person, and (d) a reference to a child assault offence is a reference to:
(i) a prescribed sexual offence committed on a child under the age of 18 years, or (ii) an offence under, or mentioned in, section 24, 27, 28, 29, 30, 33, 33A, 35, 39, 41, 42, 43, 44, 46, 47, 48, 49, 58, 59 or 61 of the committed on a child under the age of 18 years, or Crimes Act 1900 (iii) an offence that, at the time it was committed, was a child assault offence for the purposes of this section or section 407AA of the , or Crimes Act 1900 (iv) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in subparagraph (i), (ii) or (iii), and (e) a reference to a child assault offence committed on a child includes a reference to an offence of contravening a prohibition or restriction specified in an apprehended violence order that was made against the accused person and in respect of which that child was the protected person. (2) The husband or wife of an accused person in proceedings in any court:
(a) for a domestic violence offence (other than an offence arising from a negligent act or omission) committed on the husband or wife, or (b) for a child assault offence (other than an offence arising from a negligent act or omission) committed on:
(i) a child living in the household of the accused person, or (ii) a child who, although not living in the household of the accused person, is a child of the accused person and the husband or wife, is compellable to give evidence in the proceedings, either for the prosecution or for the defence, without the consent of the accused person. (3) The husband or wife of an accused person is not compellable to give evidence for the prosecution as referred to in subsection (2) if the husband or wife has applied to, and been excused by, the court.
(1) This section applies to prescribed sexual offence proceedings. (2) Evidence relating to the sexual reputation of the complainant is inadmissible. (3) Evidence that discloses or implies:
(a) that the complainant has or may have had sexual experience or a lack of sexual experience, or (b) has or may have taken part or not taken part in any sexual activity, is inadmissible.
(1) A witness in proceedings for an offence, or a person who makes a written statement that is likely to be produced in proceedings for an offence, is not required to disclose his or her address or telephone number, unless:
(a) the address or telephone number is a materially relevant part of the evidence, or (b) the court makes an order requiring the disclosure. (2) An application for such an order may be made by the prosecution or the defence. (3) The court may make such an order only if it is satisfied that disclosure is not likely to present a reasonably ascertainable risk to the welfare or protection of any person or that the interests of justice outweigh any such risk.
(1) This section applies to an admission:
(a) that was made by an accused person who, at the time when the admission was made, was or could reasonably have been suspected by an investigating official of having committed an offence, and (b) that was made in the course of official questioning, and (c) that relates to an indictable offence, other than an indictable offence that can be dealt with summarily without the consent of the accused person.
(1) A certificate:
(a) that would, by virtue of section 33, 35, 46, 47 or 57 of the , be admissible in proceedings for an offence under that Act as evidence of the particulars certified in and by the certificate, or Road Transport (Safety and Traffic Management) Act 1999 (b) that would, by virtue of section 24, 25 or 26 of the , be admissible in proceedings for an offence under that Act as evidence of the particulars certified in and by the certificate, Marine (Boating Safety—Alcohol and Drugs) Act 1991 is admissible in all criminal proceedings as evidence of those particulars.
(1) If it appears to a justice that:
(a) a person who is able to give material information about an indictable offence is dangerously ill, and (b) the person’s evidence will probably be lost if not immediately taken, the justice may take the deposition of the person in connection with the offence in the same way as if a prosecution for the offence were then pending before the court.
(1) A deposition may be admitted as evidence for the prosecution at the trial of an accused person on proof on oath of each of the following matters:
(a) that the deponent:
(i) is dead, or so ill as not to be able to travel or to give evidence without a risk of endangering the deponent’s life, or (ii) is absent from Australia, (b) that the deposition was recorded:
(i) by or in the presence of the justice before whom it was taken, and (ii) in the presence of the accused person or during any period when the accused person (having been excused under section 41 (1B) of the ) was absent, Justices Act 1902 (c) that the accused person, or his or her counsel, had full opportunity to cross-examine the witness, or that the accused person (having been excused under section 41 (1B) of the ) was absent when the deposition was taken and was not represented by counsel. Justices Act 1902 (2) The deposition:
(a) must be in writing, signed by the justice by or before whom the deposition was taken, or (b) must be in the form of a written transcript of matter recorded by means, other than writing, authorised by law for the recording of depositions.
(1) This section applies to:
(a) a written statement the whole or any part of which has been admitted as evidence under section 48A of the , including any part of the statement that has been rejected under section 48F of that Act, Justices Act 1902 (b) a written statement the whole or any part of which has been tendered as evidence under section 51A of the , Justices Act 1902 referred to in this section as a prescribed written statement .(2) Except in so far as the court otherwise orders, a prescribed written statement may be admitted as evidence for the prosecution at the trial of the accused person on proof on oath that the person who made the statement:
(a) is dead, or so ill as not to be able to travel or to give evidence without a risk of endangering the person’s life, or (b) is absent from Australia.
(1) Any proceeding, or any part of any proceeding, in respect of an offence to which this Division applies is, if the court so directs, to be held in camera. (1A) The court must direct that any proceedings in respect of an offence under section 78A or 78B of the be held in camera. Crimes Act 1900
(1) In any proceedings against a person for an offence to which this Division applies, the court may from time to time make an order forbidding publication of the whole or any part of the evidence tendered in the proceedings or of any report or account of that evidence.
(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.
(1) In this Part: protected confidence means a counselling communication that is made by, to or about a victim or alleged victim of a sexual assault offence.
(1) A person who objects to production of a document recording a protected confidence on the ground that it is privileged under this Part cannot be required (whether by subpoena or any other procedure) to produce the document for inspection by a party in, or in connection with, any criminal proceedings unless:
(a) the document is first produced for inspection by the court for the purposes of ruling on the objection, and (b) the court is satisfied (whether on inspection of the document or at some later stage in the proceedings) that:
(i) the contents of the document will, either by themselves or having regard to other evidence adduced or to be adduced by the party seeking production of the document, have substantial probative value, and (ii) other evidence of the protected confidence or the contents of the document is not available, and (iii) the public interest in preserving the confidentiality of protected confidences and protecting the principal protected confider from harm is substantially outweighed by the public interest in allowing inspection of the document. (2) Without limiting the matters that the court may take into account for the purposes of subsection (1) (b) (iii), the court must take into account the likelihood, and the nature or extent, of harm that would be caused to the principal protected confider if the document is produced for inspection. (3) Evidence is not to be adduced in any criminal proceedings if it would disclose:
(a) a protected confidence, or (b) the contents of a document recording a protected confidence, unless the court gives leave to adduce the evidence.
(1) A document recording a protected confidence is not to be required to be produced for inspection by a party in, or in connection with, any criminal proceedings unless the party seeking production of the document has given reasonable notice in writing that production has been sought to:
(a) each other party, and (b) if the protected confider is not a party—the protected confider. (2) Evidence disclosing a protected confidence or the contents of a document recording a protected confidence is not to be adduced in any criminal proceedings unless the party adducing the evidence has given reasonable notice in writing of the party’s intention to adduce the evidence to:
(a) each other party, and (b) if the protected confider is not a party—the protected confider.
(1) This Part does not apply in relation to criminal proceedings the hearing of which began before the commencement of this Part. Division 1B of Part 3.10 of the , as in force immediately before the commencement of this subsection, continues to apply in relation to such proceedings. Evidence Act 1995
(1) If the amount of penalty prescribed for an alleged penalty notice offence is paid, no person is liable to any further proceedings for the alleged offence.
(1) A senior police officer may withdraw a penalty notice issued by a police officer before the due date for payment under the notice under this Part.
(1) A police officer who intends to issue a penalty notice, under this Part, to a person whose name or address is, or name and address are, unknown to the officer may request the person to state his or her name or address (or both).
(1) For the period of 12 months after the commencement of this section, the Ombudsman is to keep under scrutiny the operation of the provisions of this Part and the regulations made under this Part and sections 353AC and 353AE (in so far as it relates to the exercise of powers under section 353AC) of the . Crimes Act 1900 (2) For that purpose, the Ombudsman may require the Commissioner of Police or any public authority to provide information about police or the public authority’s participation in the operation of the provisions referred to in subsection (1).
(Section 3C)