Bill note
Key
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
11A Representatives of corporations
Procedural requirements in Act, regulations, and rules
11B Procedural requirements of Act, regulations, and rules to be followed
Part 2
Commencement of proceedings and preliminary steps
Subpart 1—Filing a charging document
12 Commencement of criminal proceedings
12A Any person may commence proceeding
13 Charging documents
14 Content of charge
15 Court may order further particulars
16 Charge may be worded in alternative
17 Charge may be representative
18 Court may amend or divide alternative or representative charge
19 Certain charges to disclose range of penalties and previous convictions
20 Offence relating to false or misleading information in charging document
21 Endorsement of consent
22 Time for filing charging document
23 Private prosecutions
24 Power of Registrar to compile charging information
Subpart 2—Notifying defendant of court appearance
25 Summons in relation to charge may be served
26 Summons following evidential breath test
27 Provisions relating to summons issued under section 25 or 26
28 Charging document must be filed promptly
29 Decision to change charge following summons
30 Summons to defendant in private prosecution
31 Warrant may be issued if summons cannot be served
Subpart 3—Court dealing with proceeding before trial or transfer for trial
32 Court dealing with proceeding before trial or transfer for trial: categories 1 to 3
32A Court dealing with proceeding before transfer for trial: category 4
Part 3
Procedure before trial
Subpart 1—Pleas
Entering plea
33 Defendant may enter plea
34 Right to plead to category 1 offence by notice
35 Requirement for defendant to plead
35A Not guilty plea for category 4 offence
36 Defendant who refuses or fails to plead under section 35 or 47(3)
37 Defendant may change plea of not guilty
38 Procedure if defendant indicates intention to plead guilty but does not do so
40 Plea where charge alleges previous conviction
Special pleas
42 Special pleas
43 Previous conviction
44 Previous acquittal
46 Pardon
47 Procedure for dealing with special plea
Subpart 2—Decision regarding trial by jury for category 3 offences
48 Defendant charged with category 3 offence may elect trial by jury
49 Timing of election
50 Judicial officer or Registrar may receive elections
51 Withdrawal of election
Subpart 3—Case management
52 Adjournment for case review
53 Case management discussions and case management memorandum
54 Information to be provided in case management memorandum
55 Case review
56 Court may give directions about case management procedure
57 Judge may direct case management procedure for category 1 offence
Subpart 3A—Sentence indications
58 Meaning of sentence indication
59 Giving sentence indication
60 Further provisions relating to giving sentence indication
61 Offence and penalty relating to sentence indication
62 Duration of sentence indication
63 Request for sentence indication not admissible in proceeding
Subpart 3B—Notification of issues in dispute
64 Defendant must notify issues in dispute
65 Defendant may give notice out of time
65A Conduct of defendant's case
66 Defendant may give notice at any time that issue no longer in dispute
67 Conduct that may be failure to notify adequately issues in dispute
Subpart 4—Determination of level of trial court for category 2 and 3 offences
Determination of level of trial court for protocol offences
68 Establishment of protocol
69 District Court Judge may recommend level of trial court for protocol offence
70 High Court Judge must determine level of trial court for protocol offences
71 Proceedings not invalid
Order that proceeding for category 2 or 3 offence be tried in High Court
72 High Court Judge may order proceedings for category 2 or 3 offence be tried in High Court
Subpart 5—Trial court, place of trial, transfer of proceedings to trial court, and procedure for trial
73 Category 1 offences
73A Category 2 offences
75 Category 3 offences
76 Category 4 offences
76A Transfer of certain proceedings for category 2 and 3 offences to trial court
76B Transfer of proceeding from trial court to new trial court
77 Notice that defendant to be tried in High Court
Subpart 6—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 7 apply
Subpart 7—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 Inference from failure to notify adequately issues in dispute
107 Decision of court
Subpart 2—Provisions applying to jury trials
Conduct of jury trial
110 Conduct of jury trial
Charge alleging previous conviction
111 Procedure if charge alleges previous conviction
Provisions relating to identification of issues in dispute
112 References by prosecutor in jury trial to failure to notify adequately issues in dispute
112A References by co-defendant in jury trial to failure to notify adequately issues in dispute
113 References by court in jury trial to failure to notify adequately issues in dispute
114 Instruction to jury regarding drawing inferences from failure to identify issues in dispute
Discretion to keep jury together
115 Discretion to keep jury together
Part of murder charge proved
116 Part of murder charge proved
Subpart 3—Provisions applying to both Judge-alone and jury trials
Alibi
117 Alibi
Dismissal of charge in certain cases
118 Court must dismiss charge in certain cases
Witnesses
119 Adjourning trial for witness
Part 5
General provisions
Subpart 1—Conduct of proceeding
Defendants who plead guilty or are found guilty
120 Procedure after defendant pleads or is found guilty
121 Plea of guilty may be withdrawn by leave of court
122 Effect of sentence indication
Presence of defendant at hearings
124 Defendant generally may be present at all hearings
125 Hearings at which defendant must be present
Powers of court when defendant does not appear
126 Non-attendance of defendant charged with offence in category 1
127 Non-attendance of defendant charged with offence in category 2, 3, or 4: before plea is entered
128 Non-attendance of defendant charged with offence in category 2, 3, or 4: after plea is entered but before sentencing
128 Non-attendance of defendant charged with offence in category 2, 3, or 4: after plea is entered but before trial or sentencing
128AA Non-attendance of defendant at trial for offence in category 2, 3, or 4
128A Sentencing for offence in category 2, 3, or 4 not to proceed in absence of defendant
129 Procedure when hearing proceeds in absence of defendant
Retrial or rehearing if defendant found guilty or sentenced in his or her absence
130 Retrial if defendant found guilty in his or her absence
131 Rehearing if defendant sentenced for category 1 offence in his or her absence
131A Registrar may deal with applications in relation to category 1 offences
132 Effect of application for retrial or rehearing on rights of appeal
132A Procedure if retrial or rehearing ordered
132B Dealing with defendant pending retrial or rehearing
Powers of court when prosecutor does not appear
133 Powers of court when prosecutor does not appear
Powers of court when neither party appears
134 Powers of court when neither party appears
Amendment of charge
135 Amendment of charge
136 Procedure if charge is amended before trial
137 Procedure if charge amended after order made under section 70 or 72
138 Procedure if charge amended during trial
Proceedings conducted together
139 Proceedings against parties to offences, accessories, and receivers
140 Trial of different charges together
141 Procedure if charges to be heard together
141A Procedure if charges to be heard together include new charges
Further provisions relating to charges
142 Conviction where alternative allegations proved in Judge-alone trial
143 Dealing with charge that fails to disclose range of penalties and previous convictions when required
144 Included offences
144A 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
164 Issue of summons to witness
165 Summons to witness to non-party disclosure hearing
166 Issue of warrant to obtain attendance of witness
Provisions relating to warrants to arrest defendant or witness
167 To whom warrant to be directed and power of person executing warrant to enter premises
168 Withdrawal of warrant
Dealing with witness arrested under warrant
169 Dealing with witness arrested under warrant
Dealing with witnesses at the court
170 Witness refusing to give evidence may be imprisoned
171 Witnesses at hearing
Adjournments and bail
172 Power to adjourn
173 Dealing with defendant on adjournment
174 Warrant for detention of defendant in hospital or secure facility
176 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
178 Defendants under 16 must not be imprisoned pending hearing or sentence
179 Defendants aged 16 must not be imprisoned pending hearing or sentence except in certain circumstances
180 Remand of defendant under 17 in residence or care
181 Remand of defendant under 17 years for assessment report
182 Remand of defendants aged 17 to 20 years
Stay of proceedings
183 Stay of proceedings
Retrial or rehearing
183A Court may order retrial or rehearing as to sentence in certain cases
183B Procedure if retrial or rehearing ordered
183C Dealing with defendant pending retrial or rehearing
Correction of erroneous sentence
185 Court may correct erroneous sentence
186 Application of chief executive of Department of Corrections to correct erroneous sentence
187 Procedure if court corrects erroneous sentence
Transfer to wrong court
188 Transfer to wrong court
Permanent court record
189 Permanent court record
Subpart 2—Solicitor-General's responsibility for oversight and conduct of certain prosecutions
190 Solicitor-General responsible for general oversight of public prosecutions
191 Attorney-General's responsibility and powers not affected
192 Assumption of responsibility for Crown prosecutions by Solicitor-General
193 Duty of Crown prosecutor to comply with Solicitor-General's directions
194 Crown prosecution notice must be filed
195 Power of Solicitor-General or Crown prosecutor to amend charge
195A Power of Solicitor-General or Crown prosecutor to add new charges
196 Power of Solicitor-General or Crown prosecutor to withdraw charge
197 Independence of Solicitor-General and Crown prosecutors
Subpart 3—Public access and restrictions on reporting
Terms used in this subpart
198 Interpretation
199 Context in which publication prohibited
Court proceedings generally open to public
200 Court proceedings generally open to public
Power to clear court
201 Power to clear court
202 Exception for members of media
203 Court must be cleared when complainant gives evidence in cases of sexual nature
Suppression of names
204 Court may suppress identity of defendant
205 Automatic suppression of identity of defendant in specified sexual cases
206 Court may suppress identity of witnesses, victims, and connected persons
207 Automatic suppression of identity of complainant in specified sexual cases
208 Automatic suppression of identity of child complainants and witnesses
Suppression of evidence and submissions
209 Court may suppress evidence and submissions
Powers of Registrar
210 Power of Registrar to make and renew interim suppression orders
General provisions relating to suppression orders
211 Court must give reasons
212 Duration of suppression order and right of review
213 Publication by or at request of Police, etc
214 Standing of members of media
Offences relating to breach of suppression provisions and orders
215 Offences and penalties
Part 6
Appeals
Subpart 1—General matters
217 Interpretation
218 Leave to appeal
219 Duty to determine appeal subject to sections 337 and 338
Subpart 2—Appeals against pre-trial decisions
First appeals
220 Right of appeal by prosecutor or defendant against certain pre-trial evidential decisions in Judge-alone case
221 Refusal to give leave to appeal under section 220
222 Right of appeal by prosecutor or defendant against pre-trial decisions in jury trial case
223 Right of appeal by defendant only against pre-trial decisions in jury trial case
224 First appeal courts
225 How to commence first appeal
226 First appeal court to determine appeal
226A Trial court may allow trial to proceed
Further appeals
227 Right of appeal against determination of first appeal court
228 Second appeal courts
229 How to commence second appeal
230 Second appeal court to determine appeal
231 High Court's determination of second appeal final
232 Further appeal from determination of second appeal by Court of Appeal
Subpart 3—Appeals against conviction
First appeals
233 Right of appeal against conviction
234 First appeal courts
235 How to commence first appeal
236 First appeal court to determine appeal
237 Orders, etc, on successful first appeal
238 Conviction and sentence for different offence may be substituted
239 Acquittal on account of insanity
240 Confirmation or substitution of sentence for another offence
Further appeals
241 Right of appeal against determination of first appeal court
242 Second appeal courts
243 How to commence second appeal
244 Second appeal court to determine appeal
245 Orders, etc, on successful second appeal
246 High Court's determination of second appeal final
247 Further appeal from determination of second appeal by Court of Appeal
Subpart 4—Appeals against sentence
First appeals
248 Convicted person's right of appeal against sentence
249 Right of appeal against sentence not affected by sentence indication
250 Prosecutor's right of appeal
251 First appeal courts
252 How to commence first appeal
253 Appeal by prosecutor treated as abandoned if not heard before sentence completed
254 First appeal court to determine appeal
255 Orders, etc, on successful first appeal
256 Defendant may not withdraw guilty plea after sentence imposed on appeal
Further appeals
257 Right of appeal against determination of first appeal court
258 Second appeal courts
259 How to commence second appeal
260 Second appeal court to determine appeal
261 Orders, etc, on successful second appeal
262 High Court's determination of second appeal final
263 Further appeal from determination of Court of Appeal
Subpart 5—Appeals against finding of or sentence for contempt of court
First appeals
264 Right of appeal against finding of or sentence for contempt of court
265 First appeal courts
266 How to commence first appeal
267 First appeal court to determine appeal
Further appeals
268 Right of appeal against determination of first appeal court
269 Second appeal courts
270 How to commence second appeal
271 Second appeal court to determine appeal
272 High Court's determination of second appeal final
273 Further appeal from determination of Court of Appeal
Subpart 6—Appeals against decisions on costs orders
First appeals
274 Interpretation
275 Right of appeal to first appeal court against decision about costs order
276 First appeal courts
277 How to commence first appeal
278 First appeal court to determine appeal
279 Appeal not to suspend trial
Further appeals
280 Right of appeal against determination of first appeal court
281 Second appeal courts
282 How to commence second appeal
283 Second appeal court to determine appeal
284 High Court's determination of second appeal final
285 Further appeal from determination of Court of Appeal
Subpart 7—Appeals against suppression orders
First appeals
286 Interpretation
287 Right of appeal against decision on suppression order
288 First appeal courts
289 How to commence first appeal
290 Interim suppression order pending determination of first appeal
291 First appeal court to determine appeal
292 Trial court may allow trial to proceed
Further appeals
293 Right of appeal against determination of first appeal court
294 Second appeal courts
295 How to commence second appeal
295A Interim suppression order pending determination of second appeal
296 Second appeal court to determine appeal
297 Determination of High Court final
298 Further appeal from determination of Court of Appeal
Subpart 8—Appeals on question of law
First appeals
299 Right of appeal
300 First appeal courts
301 How to commence first appeal
302 Power of first appeal court to amend question stated
304 First appeal court to determine appeal
304A Deferral or adjournment of trial if notice of application for leave to appeal filed
305 How determination of appeal affects outcome of trial
Further appeals
306 Right of appeal against determination of first appeal court
307 Second appeal courts
308 How to commence second appeal
309 Second appeal court to determine appeal
310 Orders, etc, on successful second appeal
311 High Court's determination of second appeal final
312 Further appeal from determination of Court of Appeal
313 Relationship to other appeals
Subpart 9AA—Appeals against order under section 106(3) of Sentencing Act 2002
314AA Right of appeal
Subpart 9—Appeals relating to peace bond decisions
314 Right of appeal
Subpart 10—Solicitor-General's references
315 Solicitor-General may refer certain questions to Court of Appeal
316 Procedure for references under section 315
317 Rights of appeal to Supreme Court
318 Procedure for appeals under section 317
318A Solicitor-General may refer question to Supreme Court
318B Procedure for references under section 318A
319 Power of Court of Appeal or Supreme Court to amend question referred
Subpart 11—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
352A Jurisdiction of District Court Judges
Jurisdiction of District Courts in relation to jury trials
352B Jurisdiction of District Courts in relation to jury trials
Jurisdiction of District Court presided over by 1 or more Justices
353 Jurisdiction of Justices
Jurisdiction of District Court presided over by 1 or more Community Magistrates
354 Jurisdiction of Community Magistrates
355 Jurisdiction of Community Magistrates to impose sentence in respect of certain category 1 and 2 offences
356 Power to impose penalties provided for in Land Transport Act 1998
357 Ancillary powers under subpart 3 of Part 5, Costs in Criminal Cases Act 1967, Sentencing Act 2002, and Land Transport Act 1998
358 Power of Community Magistrates to decline jurisdiction
358A Jurisdiction of Justices and Community Magistrates to take pleas
358B Jurisdiction of Justices and Community Magistrates to make and renew interim suppression orders
Transfer to District Court presided over by District Court Judge
359 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
361 Costs orders
362 Contempt of court
Subpart 2—Conservation of the peace
363 Application for order for bond to keep the peace
364 Making of order for bond
365 Form of, and entering into, bond
366 Making of order for bond where person charged with offence
367 Refusal to enter into bond
368 Persons imprisoned in default of finding sureties may be released on death of person for whose protection order made
369 Forfeiture of bond
Subpart 3—Miscellaneous provisions
370 Registrar who is also constable
371 Witnesses' expenses
372 Conviction not to be recorded for infringement offences
373 Person sentenced, etc, deemed to be convicted
374 Restitution of property
375 Who may take affidavit
376 Proceedings not to be questioned for want of form
377 Proceedings not invalid because defendant should have been dealt with in Youth Court
378 Payment of fees, fines, etc
379 Payment and recovery of fees
380 Enforcement of fines
380A Enforcement of fines imposed or varied by appeal court
381 Application of section 173 during epidemic
Rules and regulations
382 Rules
383 Regulations
Subpart 4—Transitional and savings provisions
Transitional provisions regarding sentence indications
385 Application of provisions regarding sentence indications to existing proceedings
385A Transitional provision regarding terminology in relation to sentence indication provisions
Transitional provisions regarding public access and restrictions on reporting
386 Transitional provision regarding terminology in relation to public access and restrictions on reporting
386A Application of amendments made by section 387
386B Transitional provision regarding appeals by members of media
387 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)
388AA Meaning of commencement date
388 Cities, boroughs, and other places appointed for District Courts under District Courts Act 1947
388A Savings provision in relation to warrants held under section 28B of District Courts Act 1947
389 Proceedings commenced before commencement date
390 Proceedings commenced after commencement date
391 Absconding defendants
392 Defendants and proceedings to be tried together
393 No proceeding invalid if wrongly conducted in accordance with old law
393A Transitional provision regarding withdrawal of warrants to arrest
393B Transitional provision regarding dealing with witness arrested under warrant
393C Transitional provision regarding correction of erroneous sentence
394 Limitation periods
395 Retrial following acquittal in summary proceedings
Other transitional matters
396 Transitional provision relating to abandonment of appeals to Court of Appeal
399 Regulations providing for transitional matters
400 Regulations making consequential amendments
400A Expiry of sections 399 and 400
Part 9
Amendments to other enactments
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Criminal Justice Act 1985
416 Criminal Justice Act 1985 repealed
Criminal Justice Regulations 1985
417 Criminal Justice Regulations 1985 revoked
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Amendments to other enactments
442 Amendments to other enactments
Schedule 1
Category 4 offences
Schedule 1A
Consequential amendments relating to public access and restrictions on reporting provisions
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Schedule 6
Amendments to other enactments
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Legislative history