1 Title
2 Commencement
Part 1
Preliminary provisions
3 Purpose
4 Overview
5 Interpretation
6 Categories of offence defined
7 Act subject to other enactments
8 Act binds the Crown
Jurisdiction of District Courts to conduct criminal proceedings
9 Jurisdiction of District Courts to conduct criminal proceedings
Who may conduct proceedings
10 Who may conduct proceedings against defendant
11 Who may conduct proceedings for defendant
12 Representatives of corporations
Procedural requirements in Act, regulations, and rules
13 Procedural requirements of Act, regulations, and rules to be followed
Part 2
Commencement of proceedings and preliminary steps
Subpart 1—Filing a charging document
14 Commencement of criminal proceedings
15 Any person may commence proceeding
16 Charging documents
17 Content of charge
18 Court may order further particulars
19 Charge may be worded in alternative
20 Charge may be representative
21 Court may amend or divide alternative or representative charge
22 Certain charges to disclose range of penalties and previous convictions
23 Offence relating to false or misleading information in charging document
24 Endorsement of consent
25 Time for filing charging document
26 Private prosecutions
27 Power of Registrar to compile charging information
Subpart 2—Notifying defendant of court appearance
28 Summons in relation to charge may be served
29 Summons following evidential breath test
30 Provisions relating to summons issued under section 28 or 29
31 Charging document must be filed promptly
32 Decision to change charge following summons
33 Summons to defendant in private prosecution
34 Warrant may be issued if summons cannot be served
Subpart 3—Court dealing with proceeding before trial or transfer for trial
35 Court dealing with proceeding before trial or transfer for trial: categories 1 to 3
36 Court dealing with proceeding before transfer for trial: category 4
Part 3
Procedure before trial
Subpart 1—Pleas
Entering plea
37 Defendant may enter plea
38 Right to plead to category 1 offence by notice
39 Requirement for defendant to plead
40 Not guilty plea for category 4 offence
41 Defendant who refuses or fails to plead under section 39 or 49(3)
42 Defendant may change plea of not guilty
43 Procedure if defendant indicates intention to plead guilty but does not do so
44 Plea where charge alleges previous conviction
Special pleas
45 Special pleas
46 Previous conviction
47 Previous acquittal
48 Pardon
49 Procedure for dealing with special plea
Subpart 2—Decision regarding trial by jury for category 3 offences
50 Defendant charged with category 3 offence may elect trial by jury
51 Timing of election
52 Judicial officer or Registrar may receive elections
53 Withdrawal of election
Subpart 3—Case management
54 Adjournment for case review
55 Case management discussions and case management memorandum
56 Information to be provided in case management memorandum
57 Case review
58 Court may give directions about case management procedure
59 Judge may direct case management procedure for category 1 offence
Subpart 4—Sentence indications
60 Meaning of sentence indication
61 Giving sentence indication
62 Further provisions relating to giving sentence indication
63 Offence and penalty relating to sentence indication
64 Duration of sentence indication
65 Request for sentence indication not admissible in proceeding
Subpart 5—Determination of level of trial court for category 2 and 3 offences
Determination of level of trial court for protocol offences
66 Establishment of protocol
67 District Court Judge may recommend level of trial court for protocol offence
68 High Court Judge must determine level of trial court for protocol offences
69 Proceedings not invalid
Order that proceeding for category 2 or 3 offence be tried in High Court
70 High Court Judge may order proceedings for category 2 or 3 offence be tried in High Court
Subpart 6—Trial court, place of trial, transfer of proceedings to trial court, and procedure for trial
71 Category 1 offences
72 Category 2 offences
73 Category 3 offences
74 Category 4 offences
75 Transfer of certain proceedings for category 2 and 3 offences to trial court
76 Transfer of proceeding from trial court to new trial court
77 Notice that defendant to be tried in High Court
Subpart 7—Provisions applying only to Judge-alone procedure
78 Court may order pre-trial admissibility hearing if trial to be Judge-alone trial
79 Pre-trial admissibility hearing and order that evidence admissible
80 Court may order that certain pre-trial processes under subpart 8 apply
Subpart 8—Provisions applying only to jury trial procedure
Application of this subpart
81 Application of this subpart
Filing of formal statements
82 Requirements for formal statements
83 False statement in formal statement deemed to be perjury
84 Persons who may give evidence under assumed name
85 Prosecutor must file formal statements
86 Evidential status of formal statements
Trial callover memoranda
87 Trial callover memoranda to be filed in trial court
88 Information to be provided in trial callover memoranda
89 Unrepresented defendants at trial callover hearing
Application for oral evidence order
90 Application for oral evidence order
91 Application for leave to question undercover Police officer's identity must be dealt with by High Court
Oral evidence orders
92 Making oral evidence order
93 Further consideration if application for oral evidence order for complainant in case of sexual nature
94 Withdrawal of charge if oral evidence order made for examination of undercover Police officer
Procedure for taking oral evidence
95 By whom oral evidence of witness to be taken
96 Restriction on who may take oral evidence of complainant in case of sexual nature
97 Persons who may be present if oral evidence taken from complainant in case of sexual nature
98 Application of sections 103 to 105 of Evidence Act 2006
99 Oral evidence must be recorded
100 Proceeding may be continued despite witness's failure to appear or give evidence
Pre-trial orders as to admissibility of evidence: jury trial procedure
101 Pre-trial order relating to admissibility of evidence: jury trial
Trial before Judge alone may be ordered
102 Judge may order Judge-alone trial in cases likely to be long and complex
103 Judge may order Judge-alone trial in cases involving intimidation of juror or jurors
104 Procedure for trial ordered under section 102 or 103
Part 4
Trial
Subpart 1—Provisions applying to Judge-alone trials
105 Conduct of Judge-alone trial
106 Decision of court
Subpart 2—Provisions applying to jury trials
Conduct of jury trial
107 Conduct of jury trial
Charge alleging previous conviction
108 Procedure if charge alleges previous conviction
Discretion to keep jury together
109 Discretion to keep jury together
Part of murder charge proved
110 Part of murder charge proved
Subpart 3—Provisions applying to both Judge-alone and jury trials
Alibi
111 Alibi
Dismissal of charge in certain cases
112 Court must dismiss charge in certain cases
Witnesses
113 Adjourning trial for witness
Part 5
General provisions
Subpart 1—Conduct of proceeding
Defendants who plead guilty or are found guilty
114 Procedure after defendant pleads or is found guilty
115 Plea of guilty may be withdrawn by leave of court
116 Effect of sentence indication
Presence of defendant at hearings
117 Defendant generally may be present at all hearings
118 Hearings at which defendant must be present
Powers of court when defendant does not appear
119 Non-attendance of defendant charged with offence in category 1
120 Non-attendance of defendant charged with offence in category 2, 3, or 4: before plea is entered
121 Non-attendance of defendant charged with offence in category 2, 3, or 4: after plea is entered but before trial or sentencing
122 Non-attendance of defendant at trial for offence in category 2, 3, or 4
123 Sentencing for offence in category 2, 3, or 4 not to proceed in absence of defendant
124 Procedure when hearing proceeds in absence of defendant
Retrial or rehearing if defendant found guilty or sentenced in his or her absence
125 Retrial if defendant found guilty in his or her absence
126 Rehearing if defendant sentenced for category 1 offence in his or her absence
127 Registrar may deal with applications in relation to category 1 offences
128 Effect of application for retrial or rehearing on rights of appeal
129 Procedure if retrial or rehearing ordered
130 Dealing with defendant pending retrial or rehearing
Powers of court when prosecutor does not appear
131 Powers of court when prosecutor does not appear
Powers of court when neither party appears
132 Powers of court when neither party appears
Amendment of charge
133 Amendment of charge
134 Procedure if charge amended before trial
135 Procedure if charge amended after order made under section 68 or 70
136 Procedure if charge amended during trial
Proceedings conducted together
137 Proceedings against parties to offences, accessories, and receivers
138 Trial of different charges together
139 Procedure if charges to be heard together
140 Procedure if charges to be heard together include new charges
Further provisions relating to charges
141 Conviction where alternative allegations proved in Judge-alone trial
142 Dealing with charge that fails to disclose range of penalties and previous convictions when required
143 Included offences
144 Conviction of parties
145 Conviction of charge containing allegation of previous conviction
Withdrawal and dismissal of charges
146 Withdrawal of charge
147 Dismissal of charge
148 Prosecutor must notify court if defendant completes programme of diversion
Attempts
149 Attempt proved when offence is charged
150 Offence proved when attempt is charged
Retrial of previously acquitted person
151 Order for retrial may be granted if acquittal tainted
152 Meaning of terms used in sections 153 and 154
153 Consent of Solicitor-General required in certain circumstances for exercise of powers in relation to acquitted person
154 Order for retrial may be granted by Court of Appeal if new and compelling evidence discovered
155 Orders to safeguard fairness of retrial
156 Effect of order for retrial
Transfer of proceedings to court at different place
157 Transfer of proceedings to court at different place or different sitting
158 Attendance of witness at substitute court
Obtaining attendance of witnesses
159 Issue of summons to witness
160 Summons to witness to non-party disclosure hearing
161 Issue of warrant to obtain attendance of witness
Provisions relating to warrants to arrest defendant or witness
162 To whom warrant to be directed and power of person executing warrant to enter premises
163 Withdrawal of warrant
Dealing with witness arrested under warrant
164 Dealing with witness arrested under warrant
Dealing with witnesses at the court
165 Witness refusing to give evidence may be imprisoned
166 Witnesses at hearing
Adjournments and bail
167 Power to adjourn
168 Dealing with defendant on adjournment
169 Warrant for detention of defendant in hospital or secure facility
170 Defendant in custody may be brought up before expiry of period of adjournment
Special provisions applying to defendants under the age of 20 pending hearing or sentence
171 Defendants under 16 must not be imprisoned pending hearing or sentence
172 Defendants aged 16 must not be imprisoned pending hearing or sentence except in certain circumstances
173 Remand of defendant under 17 in residence or care
174 Remand of defendant under 17 years for assessment report
175 Remand of defendants aged 17 to 20 years
Stay of proceedings
176 Stay of proceedings
Retrial or rehearing
177 Court may order retrial or rehearing as to sentence in certain cases
178 Procedure if retrial or rehearing ordered
179 Dealing with defendant pending retrial or rehearing
Correction of erroneous sentence
180 Court may correct erroneous sentence
181 Application of chief executive of Department of Corrections to correct erroneous sentence
182 Procedure if court corrects erroneous sentence
Transfer to wrong court
183 Transfer to wrong court
Permanent court record
184 Permanent court record
Subpart 2—Solicitor-General's responsibility for oversight and conduct of certain prosecutions
185 Solicitor-General responsible for general oversight of public prosecutions
186 Attorney-General's responsibility and powers not affected
187 Assumption of responsibility for Crown prosecutions by Solicitor-General
188 Duty of Crown prosecutor to comply with Solicitor-General's directions
189 Crown prosecution notice must be filed
190 Power of Solicitor-General or Crown prosecutor to amend charge
191 Power of Solicitor-General or Crown prosecutor to add new charges
192 Power of Solicitor-General or Crown prosecutor to withdraw charge
193 Independence of Solicitor-General and Crown prosecutors
Subpart 3—Public access and restrictions on reporting
Terms used in this subpart
194 Interpretation
195 Context in which publication prohibited
Court proceedings generally open to public
196 Court proceedings generally open to public
Power to clear court
197 Power to clear court
198 Exception for members of media
199 Court must be cleared when complainant gives evidence in cases of sexual nature
Suppression of names
200 Court may suppress identity of defendant
201 Automatic suppression of identity of defendant in specified sexual cases
202 Court may suppress identity of witnesses, victims, and connected persons
203 Automatic suppression of identity of complainant in specified sexual cases
204 Automatic suppression of identity of child complainants and witnesses
Suppression of evidence and submissions
205 Court may suppress evidence and submissions
Powers of Registrar
206 Power of Registrar to make and renew interim suppression orders
General provisions relating to suppression orders
207 Court must give reasons
208 Duration of suppression order and right of review
209 Publication by or at request of Police, etc
210 Standing of members of media
Offences relating to breach of suppression provisions and orders
211 Offences and penalties
Part 6
Appeals
Subpart 1—General matters
212 Interpretation
213 Leave to appeal
214 Duty to determine appeal subject to sections 337 and 338
Subpart 2—Appeals against pre-trial decisions
First appeals
215 Right of appeal by prosecutor or defendant against certain pre-trial evidential decisions in Judge-alone case
216 Refusal to give leave to appeal under section 215
217 Right of appeal by prosecutor or defendant against pre-trial decisions in jury trial case
218 Right of appeal by defendant only against pre-trial decisions in jury trial case
219 First appeal courts
220 How to commence first appeal
221 First appeal court to determine appeal
222 Trial court may allow trial to proceed
Further appeals
223 Right of appeal against determination of first appeal court
224 Second appeal courts
225 How to commence second appeal
226 Second appeal court to determine appeal
227 High Court's determination of second appeal final
228 Further appeal from determination of second appeal by Court of Appeal
Subpart 3—Appeals against conviction
First appeals
229 Right of appeal against conviction
230 First appeal courts
231 How to commence first appeal
232 First appeal court to determine appeal
233 Orders, etc, on successful first appeal
234 Conviction and sentence for different offence may be substituted
235 Acquittal on account of insanity
236 Confirmation or substitution of sentence for another offence
Further appeals
237 Right of appeal against determination of first appeal court
238 Second appeal courts
239 How to commence second appeal
240 Second appeal court to determine appeal
241 Orders, etc, on successful second appeal
242 High Court's determination of second appeal final
243 Further appeal from determination of second appeal by Court of Appeal
Subpart 4—Appeals against sentence
First appeals
244 Convicted person's right of appeal against sentence
245 Right of appeal against sentence not affected by sentence indication
246 Prosecutor's right of appeal
247 First appeal courts
248 How to commence first appeal
249 Appeal by prosecutor treated as abandoned if not heard before sentence completed
250 First appeal court to determine appeal
251 Orders, etc, on successful first appeal
252 Defendant may not withdraw guilty plea after sentence imposed on appeal
Further appeals
253 Right of appeal against determination of first appeal court
254 Second appeal courts
255 How to commence second appeal
256 Second appeal court to determine appeal
257 Orders, etc, on successful second appeal
258 High Court's determination of second appeal final
259 Further appeal from determination of Court of Appeal
Subpart 5—Appeals against finding of or sentence for contempt of court
First appeals
260 Right of appeal against finding of or sentence for contempt of court
261 First appeal courts
262 How to commence first appeal
263 First appeal court to determine appeal
Further appeals
264 Right of appeal against determination of first appeal court
265 Second appeal courts
266 How to commence second appeal
267 Second appeal court to determine appeal
268 High Court's determination of second appeal final
269 Further appeal from determination of Court of Appeal
Subpart 6—Appeals against decisions on costs orders
First appeals
270 Interpretation
271 Right of appeal to first appeal court against decision about costs order
272 First appeal courts
273 How to commence first appeal
274 First appeal court to determine appeal
275 Appeal not to suspend trial
Further appeals
276 Right of appeal against determination of first appeal court
277 Second appeal courts
278 How to commence second appeal
279 Second appeal court to determine appeal
280 High Court's determination of second appeal final
281 Further appeal from determination of Court of Appeal
Subpart 7—Appeals against suppression orders
First appeals
282 Interpretation
283 Right of appeal against decision on suppression order
284 First appeal courts
285 How to commence first appeal
286 Interim suppression order pending determination of first appeal
287 First appeal court to determine appeal
288 Trial court may allow trial to proceed
Further appeals
289 Right of appeal against determination of first appeal court
290 Second appeal courts
291 How to commence second appeal
292 Interim suppression order pending determination of second appeal
293 Second appeal court to determine appeal
294 Determination of High Court final
295 Further appeal from determination of Court of Appeal
Subpart 8—Appeals on question of law
First appeals
296 Right of appeal
297 First appeal courts
298 How to commence first appeal
299 Power of first appeal court to amend question stated
300 First appeal court to determine appeal
301 Deferral or adjournment of trial if notice of application for leave to appeal filed
302 How determination of appeal affects outcome of trial
Further appeals
303 Right of appeal against determination of first appeal court
304 Second appeal courts
305 How to commence second appeal
306 Second appeal court to determine appeal
307 Orders, etc, on successful second appeal
308 High Court's determination of second appeal final
309 Further appeal from determination of Court of Appeal
310 Relationship to other appeals
Subpart 9—Appeals against order under section 106(3) of Sentencing Act 2002
311 Right of appeal
Subpart 10—Appeals relating to peace bond decisions
312 Right of appeal
Subpart 11—Solicitor-General's references
313 Solicitor-General may refer certain questions to Court of Appeal
314 Procedure for references under section 313
315 Rights of appeal to Supreme Court
316 Procedure for appeals under section 315
317 Solicitor-General may refer question to Supreme Court
318 Procedure for references under section 317
319 Power of Court of Appeal or Supreme Court to amend question referred
Subpart 12—Further provisions
Procedure for determining jurisdiction where appeals lie to different appeal courts
320 Meaning of related right of appeal
321 Related appeals that are to be heard by Court of Appeal
Solicitor-General
322 Duty of Solicitor-General
Registrar of appeal court to arrange appeal
323 Duties of Registrar
324 Custody of exhibits, etc
Rights of representation and attendance at hearing of appeal or application for leave to appeal
325 Right of representation at hearing
326 Right of attendance at hearing
How applications to be heard
327 Hearings in Court of Appeal
328 Hearings in District Court or High Court
How appeals to be heard
329 Hearings in Court of Appeal or Supreme Court
330 Hearings in District Court or High Court
Hearings on papers
331 Provisions about hearing on papers
Powers exercisable by 1 or 2 appellate Judges
332 Powers exercisable by Judge of Supreme Court
333 Powers exercisable by Judges of Court of Appeal
Powers of appeal court to receive evidence, etc
334 Power to receive and hear evidence
335 Special powers of appeal courts in appeal involving conviction, sentence, or contempt
336 Powers of appeal courts
Abandonment
337 Abandonment of appeal by appellant
338 Power of appeal court to dismiss appeal for non-compliance with procedural orders
339 Appeal against dismissal under section 338
Judgment of appeal court
340 Reasons to accompany judgment or be given later
341 Delivery of judgment by District Court, High Court, or Court of Appeal
342 Judgment to be provided to parties
How appeal affects decisions under appeal
343 General effect of appeal on sentence
344 Issue of committal order for detention of convicted person
345 How appeal affects community-based sentences
346 Registrar to notify resumption of sentence
347 Reporting requirement where sentence resumed after unsuccessful or abandoned appeal
348 How appeal affects non-association orders
349 Fine recovery not to be enforced pending contempt appeal
350 Successful appellant entitled to return of amount paid under sentence
351 Detention following appeal
352 Revesting and restitution of property on conviction
Part 7
Provisions concerning jurisdiction of District Courts
Jurisdiction of District Court presided over by District Court Judge
353 Jurisdiction of District Court Judges
Jurisdiction of District Courts in relation to jury trials
354 Jurisdiction of District Courts in relation to jury trials
Jurisdiction of District Court presided over by 1 or more Justices
355 Jurisdiction of Justices
Jurisdiction of District Court presided over by 1 or more Community Magistrates
356 Jurisdiction of Community Magistrates
357 Jurisdiction of Community Magistrates to impose sentence in respect of certain category 1 and 2 offences
358 Power to impose penalties provided for in Land Transport Act 1998
359 Ancillary powers under subpart 3 of Part 5, Costs in Criminal Cases Act 1967, Sentencing Act 2002, and Land Transport Act 1998
360 Power of Community Magistrates to decline jurisdiction
361 Jurisdiction of Justices and Community Magistrates to take pleas
362 Jurisdiction of Justices and Community Magistrates to make and renew interim suppression orders
Transfer to District Court presided over by District Court Judge
363 Power to transfer matter to District Court presided over by District Court Judge
Part 8
Miscellaneous and transitional provisions
Subpart 1—Costs orders and contempt
364 Costs orders
365 Contempt of court
Subpart 2—Conservation of the peace
366 Application for order for bond to keep the peace
367 Making of order for bond
368 Form of, and entering into, bond
369 Making of order for bond where person charged with offence
370 Refusal to enter into bond
371 Persons imprisoned in default of finding sureties may be released on death of person for whose protection order made
372 Forfeiture of bond
Subpart 3—Miscellaneous provisions
373 Registrar who is also constable
374 Witnesses' expenses
375 Conviction not to be recorded for infringement offences
376 Person sentenced, etc, deemed to be convicted
377 Restitution of property
378 Who may take affidavit
379 Proceedings not to be questioned for want of form
380 Proceedings not invalid because defendant should have been dealt with in Youth Court
381 Payment of fees, fines, etc
382 Payment and recovery of fees
383 Enforcement of fines
384 Enforcement of fines imposed or varied by appeal court
385 Application of section 168 during epidemic
Rules and regulations
386 Rules
387 Regulations
Subpart 4—Transitional and savings provisions
Transitional provisions regarding sentence indications
388 Application of provisions regarding sentence indications to existing proceedings
389 Transitional provision regarding terminology in relation to sentence indication provisions
Transitional provisions regarding public access and restrictions on reporting
390 Transitional provision regarding terminology in relation to public access and restrictions on reporting
391 Application of amendments made by section 393
392 Transitional provision regarding appeals by members of media
393 Consequential amendments relating to public access and restriction on reporting provisions
Transitional and savings provisions in relation to provisions brought into force under section 2(2) or 2(3)
394 Meaning of commencement date
395 Cities, boroughs, and other places appointed for District Courts under District Courts Act 1947
396 Savings provision in relation to warrants held under section 28B of District Courts Act 1947
397 Proceedings commenced before commencement date
398 Proceedings commenced after commencement date
399 Absconding defendants
400 Defendants and proceedings to be tried together
401 No proceeding invalid if wrongly conducted in accordance with old law
402 Transitional provision regarding withdrawal of warrants to arrest
403 Transitional provision regarding dealing with witness arrested under warrant
404 Transitional provision regarding correction of erroneous sentence
405 Limitation periods
406 Retrial following acquittal in summary proceedings
Other transitional matters
407 Transitional provision relating to abandonment of appeals to Court of Appeal
408 Regulations providing for transitional matters
409 Regulations making consequential amendments
410 Expiry of sections 408 and 409
Part 9
Amendments to other enactments
Criminal Justice Act 1985
411 Criminal Justice Act 1985 repealed
Criminal Justice Regulations 1985
412 Criminal Justice Regulations 1985 revoked
Amendments to other enactments
413 Amendments to other enactments
Schedule 1
Category 4 offences
Schedule 2
Consequential amendments relating to public access and restrictions on reporting provisions
Schedule 3
Amendments to other enactments
Reprint notes