Criminal Procedure Act 2009

Chapter 1 - Preliminary

• 1 Purposes
• 2 Commencement

Chapter 2 - Commencing a criminal proceeding

Part 2.1 - Ways in which a criminal proceeding is commenced

• 5 How a criminal proceeding is commenced

Part 2.2 - Charge-sheet and listing of matter

• 6 Commencement of a criminal proceeding in the Magistrates' Court
• 7 Time limits for filing a charge-sheet
• 7A Time limits on prosecuting certain former sexual offences removed
• 7B Uncertainty about time when sexual offence occurred
• 8 Order for amendment of charge-sheet
• 9 Errors etc. in charge-sheet
• 10 Listing of matter for mention hearing or filing hearing in the Magistrates' Court
• 11 Place of hearing

Part 2.3 - Notifying accused of court appearance

Division 1 - Summons or warrant to arrest

• 12 Court may issue summons or warrant to arrest
• 13 Summons or warrant to be accompanied by charge-sheet and notice when served
• 14 Police or public official may issue summons
• 15 Contents of summons
• 16 Personal service of summons
• 17 Summons for summary offence may be served by ordinary service
• 17A Service of summons for traffic camera offence
• 18 Informant must nominate address etc. for service of documents
• 19 Extension of return date if summons not served
• 20 Adjournment of proceeding on application of accused

Division 2 - Notice to appear

• 21 Police or public official may serve notice to appear
• 22 Notice to appear lapses unless charge-sheet filed within 14 days
• 23 Notice to be given on lapsing
• 24 Preliminary brief to be served if charge-sheet filed
• 25 Non-appearance of accused served with notice to appear
• 26 Notice to appear does not commence proceeding

Chapter 3 - Summary procedure

Part 3.1 - When a summary hearing may be held

• 27 Summary offences
• 28 Indictable offences that may be heard and determined summarily
• 29 When an indictable offence may be heard and determined summarily
• 30 Procedure for indictable offences that may be heard and determined summarily

Part 3.2 - Procedure before summary hearing

Division 1 - General

• 31 Court may change place of hearing
• 32 Accused entitled to copy of charge-sheet and particulars
• 33 Unrepresented accused who requires legal advice
• 34 Return of property

Division 2 - Pre-hearing disclosure of prosecution case

• 35 When preliminary brief is to be served
• 36 How preliminary brief must be served
• 37 Contents of preliminary brief
• 38 Requirements for informant's statement in preliminary brief
• 39 When full brief must be served
• 40 How full brief must be served
• 41 Contents of full brief
• 41A Disclosure certificate
• 42 Continuing obligation of disclosure
• 43 Accused may make request for material etc. not provided
• 43A Inspection of exhibits that include child abuse material where accused is legally represented
• 44 Informant must comply with request or state grounds of refusal
• 45 Grounds on which informant may refuse disclosure
• 46 Accused may apply for order requiring disclosure
• 47 Rules with respect to statements
• 48 Disclosure of address or telephone number of witness
• 49 Informant may place material on database

Division 3 - Preliminary disclosure of case of accused

• 50 Expert evidence
• 51 Alibi evidence
• 52 Offence to communicate with alibi witness

Division 4 - Mention hearing, summary case conference and contest mention hearing

• 53 Mention hearing
• 53A Documents to be provided by police at first mention hearing
• 54 Summary case conference
• 55 Contest mention hearing

Part 3.3 - Summary hearing

Division 1 - Joint or separate hearing of charges

• 56 Multiple charges on single charge-sheet or multiple accused named on single charge-sheet
• 57 Joint hearing of charges on separate charge-sheets
• 58 Order for separate hearing

Division 2 - Diversion program

• 59 Adjournment to undertake diversion program

Division 3 - Sentence indication

• 60 Court may give sentence indication
• 61 Effect of sentence indication

Division 4 - Entering a plea

• 62 Charge to be read or explained to accused before plea
• 63 Legal practitioner may enter plea on behalf of accused
• 64 Refusal to plead
• 64A Pleading to course of conduct charge

Division 5 - Opening addresses

• 65 Parties may give opening addresses

Division 6 - Case for the accused

• 66 Accused entitled to respond after close of prosecution case
• 67 Election when accused is legally represented
• 68 Election when accused is not legally represented
• 69 Procedure for joint hearings if no-case submission made
• 70 Questioning to determine proper course of proceeding
• 71 Opening address of accused at beginning of case for the accused
• 72 Evidential burden on accused for exceptions etc.

Division 7 - Closing addresses

• 73 Prosecutor's closing address
• 74 Closing address of the accused
• 75 Supplementary address by prosecutor

Division 8 - Determination of charge

• 76 Option of finding of attempt

Division 9 - Criminal record

• 77 Criminal record
• 78 Proof of previous convictions and infringement convictions by criminal record

Division 10 - Non-appearance of party

• 79 Non-appearance of informant
• 80 Non-appearance of accused charged with summary offence
• 81 Non-appearance of accused charged with indictable offence
• 82 Non-appearance of corporate accused charged with indictable offence
• 83 Admissibility of evidence in absence of accused where full brief served
• 84 Admissibility of evidence in absence of accused where preliminary brief served
• 85 Non-appearance of accused—Infringements Act 2006
• 86 Proof of criminal record in absence of accused
• 87 Limitations on sentencing in absence of accused

Part 3.4 - Rehearing

• 88 Right to apply for rehearing
• 89 Notice of intention to apply for rehearing
• 90 Service of notice
• 91 Stay of sentence etc.
• 92 Court may order rehearing
• 93 Failure to appear on application
• 94 Automatic rehearing in certain cases

Chapter 4 - Committal proceeding

Part 4.1 - Preliminary

• 95 Definition
• 96 When a committal proceeding must be held
• 97 Purposes of a committal proceeding
• 98 When a committal proceeding commences
• 100 Hearings in a committal proceeding and attendance of accused

Part 4.2 - Filing hearing

• 101 Filing hearing
• 102 Time limit for filing hearing

Part 4.3 - Compulsory examination

• 103 Application for order
• 104 Order for compulsory examination hearing
• 105 Notice of compulsory examination order to be served
• 106 Compulsory examination hearing

Part 4.4 - Pre-hearing disclosure of prosecution case

• 107 Informant must serve hand-up brief
• 108 How hand-up brief must be served
• 109 Copy hand-up brief to be filed and forwarded to DPP
• 110 Contents of hand-up brief
• 110A Disclosure certificate
• 111 Continuing obligation of disclosure
• 112 Rules with respect to statements
• 113 Rules with respect to recordings
• 114 Disclosure of address or telephone number of witness
• 115 Inspection of exhibits
• 116 Informant may serve and file plea brief
• 117 Contents of plea brief

Part 4.5 - Case direction

• 118 Case direction notice
• 119 Contents of case direction notice
• 120 Late application for leave to cross-examine witness
• 121 Adjournment without appearance of parties
• 122 Compliance with request to copy or inspect items or disclose previous convictions of witness
• 123 No cross-examination in certain proceedings
• 124 Leave required to cross-examine other witnesses
• 124A Reasons for granting leave to cross-examine and issues on which witness may be cross-examined

Part 4.6 - Committal mention and case conference

• 125 Committal mention hearing
• 126 Time for holding committal mention hearing
• 127 Committal case conference

Part 4.6A - Early committal for trial in Supreme Court

• 127A Definition
• 127B Early committal—if committal proceeding not jointly conducted
• 127C Early committal—if multiple accused are each charged with applicable offence
• 127D Children's Court not to commit without consent of accused
• 127E Early committal—if not every accused is charged with applicable offence
• 127F Committal mention hearings in early committal

Part 4.7 - Committal hearing

• 128 Committal hearing
• 129 Attendance of witnesses
• 130 Giving of evidence by witnesses
• 131 Disclosure of address or telephone number of witness
• 132 Cross-examination of witnesses
• 132A Leave to cross-examine witness on different issue
• 134 Failure of witness to attend committal hearing
• 135 Court may permit accused to be absent from committal hearing
• 136 Accused who absconds etc. during a committal hearing
• 137 Accused (natural person) absent at close of prosecution case
• 138 Procedure on accused's attendance after absence

Part 4.8 - Evidence in committal proceeding

• 139 Admissibility of non-oral evidence
• 140 Procedure if accused makes admission of relevant fact or matter

Part 4.9 - Determination of committal proceeding

• 141 Determination of committal proceeding where hand-up brief used
• 142 Determination of committal proceeding where plea brief used
• 143 Determination of committal proceeding where accused elects to stand trial
• 144 Procedure before and on committing accused for trial

Part 4.10 - Procedure after committal

• 145 Transfer of summary offences that are related offences on or after committal
• 146 Documents to be forwarded to DPP
• 147 Accused entitled to copies of depositions and exhibits
• 148 Absent corporate accused to be notified of committal

Part 4.12 - General

• 153 Special mention hearing
• 154 Non-appearance of corporate accused
• 156 Nothing in Chapter affects certain powers of DPP
• 157 DPP may give directions for release of property tendered in evidence

Chapter 5 - Trial on indictment

Part 5.1 - Introduction

• 158 Application of Chapter

Part 5.2 - Indictment and place of trial

• 159 DPP or Crown Prosecutor may file an indictment
• 160 Choice of Supreme Court or County Court for filing an indictment
• 161 Direct indictment commences criminal proceeding
• 162 Filing of any other indictment does not commence criminal proceeding
• 163 Time limits for filing certain indictments
• 164 Filing of fresh indictment
• 165 Order for amendment of indictment
• 166 Errors etc. in indictment
• 167 Supreme Court may order that accused be tried in County Court or Supreme Court
• 168 Court may transfer certain charges to Magistrates' Court or Children's Court
• 168A Charges returned to Children's Court
• 169 Place of hearing of criminal trial
• 170 Multiple charges or multiple accused on single indictment

Part 5.3 - Notifying accused of indictment

• 171 Copy indictment to be served
• 172 DPP may nominate address etc. for service of documents
• 173 Extra notice for corporate accused
• 174 Compelling attendance when direct indictment filed
• 175 Service of summons
• 176 Warrant to be accompanied by indictment and notice

Part 5.4 - Discontinuing a prosecution

• 177 DPP may discontinue a prosecution without adjudication
• 178 Release from custody on discontinuance of prosecution

Part 5.5 - Pre-trial procedure

Division 1 - Directions hearings

• 179 Directions hearing
• 180 Accused may be arraigned at a directions hearing
• 181 Powers of court at directions hearing
• 181A Course of conduct charge

Division 2 - Pre-trial disclosure

• 182 Summary of prosecution opening and notice of pre-trial admissions
• 183 Response of accused to summary of prosecution opening and notice of pre-trial admissions
• 184 Intention to depart at trial from document filed and served
• 185 Continuing obligation of disclosure
• 185A Disclosure of evidence that is child abuse material
• 186 Disclosure of address or telephone number of witness
• 187 Previous convictions of witness
• 188 Prosecution notice of additional evidence
• 189 Expert evidence
• 190 Alibi evidence
• 191 Offence to communicate with alibi witness

Division 3 - Orders

• 192 Power to change place of trial
• 193 Order for separate trial
• 194 Order for separate trial—sexual offences
• 195 Order for separate trial—conspiracy
• 196 Other powers of court not affected
• 197 Order for legal representation for accused

Division 3A - Pre-trial taking of evidence and cross-examination

• 198 Order for taking evidence from a witness before trial
• 198A Order for accused to cross-examine witness before trial in certain cases
• 198B Order for accused to conduct limited preparatory cross-examination
• 198C Abolition of Basha procedure

Division 4 - Procedure for pre-trial orders and other decisions

• 199 Court may make orders and other decisions before trial
• 200 Disclosure of pre-trial issues
• 201 Court may decide pre-trial issue without a hearing
• 202 Hearing of application for exclusion of evidence
• 203 Judge at pre-trial hearing need not be trial judge
• 204 Pre-trial orders and other decisions generally binding on trial judge
• 205 Pre-trial orders and other decisions may be applied in new trial
• 206 Procedure if prosecution proposes not to lead evidence

Division 5 - Procedure for pre-trial hearing about presumption against criminal responsibility

• 206A Application for pre-trial hearing about presumption against criminal responsibility
• 206B Issue to be determined expeditiously
• 206C Conduct of pre-trial hearing about presumption against criminal responsibility
• 206D Court to be constituted by the same judge who made pre-trial determination
• 206E Determination at pre-trial hearing as to whether presumption is rebutted
• 206F Judgment in pre-trial hearing of presumption against criminal responsibility
• 206G Court may make suppression order

Part 5.6 - Sentence indication

• 207 Court may give sentence indication
• 208 Application for sentence indication
• 209 Effect of sentence indication
• 209A Review of amendments—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022

Part 5.7 - Trial

Division 1 - Preliminary

• 210 When trial commences
• 211 Time limit for commencing trial for offences other than sexual offences
• 212 Time limits for commencing trials for sexual offences
• 213 Powers of trial judge not affected
• 214 Non-appearance of corporate accused at trial

Division 2 - Arraignment

• 215 Arraignment
• 216 Written pleas of guilty may be accepted
• 217 Arraignment in presence of jury panel
• 218 Special pleas in addition to plea of not guilty
• 219 Plea of guilty to alternative offence
• 220 Form of plea of previous conviction or previous acquittal
• 221 Refusal to plead

Division 3 - Assisting the jury

• 222 Judge may address jury
• 223 Jury documents relating to trial issues and evidence
• 223A General jury guide

Division 4 - Opening addresses

• 224 Opening address by prosecutor
• 225 Response of accused to prosecution opening

Division 5 - Case for the accused

• 226 Accused entitled to respond after close of prosecution case
• 227 Election when accused is legally represented
• 228 Election when accused is not legally represented
• 229 Procedure for joint trials if no-case submission made
• 230 Questioning to determine proper course of proceeding
• 231 Opening address of accused

Division 6 - Giving of evidence

• 232 Manner of giving evidence
• 232A Trial judge may give directions about the giving of concurrent or consecutive evidence by expert witnesses
• 233 Introduction of evidence not previously disclosed

Division 7 - Closing addresses and judge's directions to the jury

• 234 Prosecution closing address
• 235 Closing address of the accused
• 236 Supplementary prosecution address
• 237 Comment on departure or failure
• 238 Judge's directions to the jury

Division 8 - Alternative verdicts and discharge of jury from delivering verdict

• 239 Alternative verdicts on charges other than treason or murder
• 240 Judge may order that guilt in respect of alternative offences is not to be determined
• 241 When judge may enter finding of guilty or not guilty

Part 5.8 - General

Division 1 - Transfer and hearing of charges for related and unrelated summary offences

• 241A Transfer of summary offence between Supreme Court and County Court
• 242 Summary offence related to indictable offence
• 243 Unrelated summary offence

Division 2 - Criminal record

• 244 Criminal record
• 245 Proof of previous convictions and infringement convictions by criminal record

Division 3 - Powers and obligations

• 246 Attendance of accused at hearings
• 247 Power to extend or abridge time
• 248 Parties must inform Juries Commissioner of certain events
• 249 Counsel required to retain brief for trial
• 250 Complaints about legal practitioners
• 251 Judge at earlier trial not prevented from presiding at later trial
• 252 Offence for corporate accused to fail to appear
• 253 Abolition of grand jury procedure

Division 4 - Procedure on guilty plea or guilty verdict

• 253A Abolition of allocutus
• 253B When finding of guilt occurs

Chapter 6 - Appeals and cases stated

Part 6.1 - Appeal from Magistrates' Court to County Court

Division 1 - Appeal by offender

• 254 Right of appeal
• 255 How appeal is commenced
• 256 Determination of appeal

Division 2 - Appeal by DPP against sentence

• 257 DPP's right of appeal against sentence
• 258 How appeal is commenced
• 259 Determination of DPP's appeal

Division 3 - Appeal by DPP—failure to fulfil undertaking

• 260 DPP's right of appeal—failure to fulfil undertaking
• 261 How appeal is commenced
• 262 Determination of DPP's appeal—failure to fulfil undertaking

Division 4 - Procedure

• 263 Late notice of appeal deemed to be application for leave to appeal
• 264 Stay of sentence
• 265 Bail pending appeal
• 266 Abandonment of appeal
• 267 Appellant's failure to appear
• 268 Respondent's failure to appear on appeal by DPP
• 269 One notice of appeal for 2 or more sentences
• 270 Appeal against aggregate sentence
• 271 Appeal to County Court authorised by other Acts

Part 6.2 - Appeal from Magistrates' Court to Supreme Court on a question of law

• 272 Appeal to Supreme Court on a question of law
• 273 Appeal on question of law precludes appeal to County Court

Part 6.3 - Appeal and case stated from County Court or Trial Division of Supreme Court to Court of Appeal

Division 1 - Appeal against conviction

• 274 Right of appeal against conviction
• 275 How appeal is commenced
• 276 Determination of appeal against conviction
• 277 Orders etc. on successful appeal

Division 2 - Appeal by offender against sentence

• 278 Right of appeal against sentence imposed by originating court
• 279 How appeal is commenced
• 280 Determination of application for leave to appeal under section 278
• 281 Determination of appeal
• 282 Orders etc. on successful appeal
• 283 Right of appeal against sentence of imprisonment imposed by County Court on appeal from Magistrates' Court
• 284 How appeal is commenced
• 284A Determination of application for leave to appeal under section 283
• 285 Determination of appeal
• 286 Orders etc. on successful appeal

Division 3 - Crown appeal against sentence

• 287 Right of appeal—inadequate sentence
• 288 How appeal is commenced
• 289 Determination of Crown appeal
• 290 Orders etc. on successful appeal
• 290A Right of appeal against certain sentences imposed by County Court or Supreme Court on appeal from Magistrates' Court
• 290B How appeal is commenced
• 290C Determination of Crown appeal under section 290A
• 290D Orders etc. on successful appeal
• 291 Right of appeal—failure to fulfil undertaking
• 292 How appeal is commenced
• 293 Determination of Crown appeal—failure to fulfil undertaking
• 294 Powers of Court of Appeal on successful appeal

Division 4 - Interlocutory appeal

• 295 Right of appeal against interlocutory decision
• 296 Review of refusal to certify
• 297 When leave to appeal may be given
• 298 How interlocutory appeal is commenced
• 299 Adjournment of trial if leave to appeal given
• 300 Determination of appeal
• 300A Determination of appeal—interlocutory decision on presumption against criminal responsibility
• 301 Determination of interlocutory appeal to be entered on record

Division 5 - Case stated for Court of Appeal

• 302 Reservation of question of law
• 302A Reservation of question of law on appeal to County Court
• 303 Adjournment if question of law reserved
• 304 Refusal to reserve question of law
• 305 Case to be stated if question of law reserved
• 306 General powers of Court of Appeal on case stated
• 307 Judgment to be entered on record
• 308 DPP may refer point of law to Court of Appeal

Division 6 - Status of sentences and orders during appeal period

• 309 Sentence not stayed during appeal period
• 310 Bail pending appeal
• 311 Stay of certain orders during appeal period
• 312 Execution of order for forfeiture or destruction of property

Division 7 - Powers and procedure

• 313 Extension of time for filing or serving notice of appeal or notice of application for leave to appeal
• 314 Abandonment of appeal
• 315 Powers which may be exercised by Court of Appeal constituted by a single Judge of Appeal
• 316 Trial judge may be required to provide report on appeal
• 317 Production of documents, exhibits or other things
• 318 Order for examination of compellable witness
• 319 Evidence of competent but not compellable witness
• 319A Court of Appeal may refer issue or matter for reference determination
• 320 Reference of question to special commissioner
• 321 New evidence—effect on sentence
• 322 Sentence in absence of offender
• 323 Bail following appeal
• 324 Warrants
• 325 Ancillary orders
• 326 Expenses of assessors and special commissioners

Part 6.4 - Second or subsequent appeal to Court of Appeal

Division 1 - Appeal against conviction

• 326A Right of second or subsequent appeal against conviction
• 326B How appeal is commenced
• 326C Determination of application for leave to appeal under section 326A
• 326D Determination of second or subsequent appeal against conviction
• 326E Orders etc. on successful appeal

Division 2 - Powers and procedure

• 326F Stay of sentence and bail pending appeal
• 326G Abandonment of appeal
• 326H Powers which may be exercised by Court of Appeal constituted by a single Judge of Appeal
• 326I Application of sections 316 to 320 and 326
• 326J Sentence in absence of offender
• 326K Bail following appeal
• 326L Warrants
• 326M Ancillary orders

Chapter 7 - Reference to Court of Appeal on petition for mercy

• 327 Reference by Attorney-General

Chapter 7A - Limitations on rules relating to double jeopardy

• 327A Application of Chapter
• 327B Definitions
• 327C Meaning of fresh and compelling evidence
• 327D Meaning of tainted acquittal
• 327E Circumstances in which police may reinvestigate offence after acquittal
• 327F DPP may file indictment
• 327G Bail following filing of direct indictment
• 327H DPP may apply to Court of Appeal
• 327I Extension of time for filing or serving notice of application
• 327J DPP may apply only once in relation to particular acquittal
• 327K DPP must discontinue prosecution if fails to make application
• 327L Determination of application where acquittal tainted
• 327M Determination of application where fresh and compelling evidence
• 327N Determination of application where administration of justice offence
• 327O Orders on determination of application
• 327P DPP must elect which offence to prosecute
• 327Q Amendment of indictment
• 327R Prohibition on making certain references in new trial
• 327S Appeal and review rights unaffected

Chapter 8 - General

Part 8.1 - Conduct of proceeding

• 328 Appearance
• 329 When accused etc. is required to appear at hearing
• 330 When accused etc. is required to attend hearing
• 331 Power to adjourn proceeding
• 332 Transfer of accused between place of detention and court
• 333 Power to return accused to youth justice centre
• 334 Proceedings against bodies corporate
• 335 Interpreter
• 336 Subpoenas and witness summonses
• 336A Victim who is a witness entitled to be present in court
• 337 Court may act on application or on own motion
• 337A Court may determine issue in criminal proceeding without oral hearing

Part 8.2 - Witnesses

Division 1 - Guiding principles

• 338 Guiding principles

Division 2 - Evidence concerning complainant

• 339 Application of Division
• 340 Definition
• 341 Prohibition on questions and evidence concerning sexual reputation of complainant
• 342 Restriction on questions and evidence concerning complainant's sexual activities
• 343 Admissibility of sexual history evidence
• 344 Application for leave
• 345 Application for leave out of time
• 346 Contents of application for leave
• 347 Waiver of requirement to apply for leave in writing
• 348 Hearing of application for leave
• 349 Determination of application for leave during summary hearing or trial
• 350 Determination of application for leave during sentencing hearing
• 351 Court must state reasons if leave granted
• 352 Limitation on sexual history evidence

Division 3 - Cross-examination of protected witnesses

• 353 Application of Division
• 354 Definitions
• 355 Court may declare witness to be protected witness
• 356 Protected witness not to be cross-examined by accused in person
• 357 When accused is not legally represented
• 358 Jury warning concerning legal representation for cross-examination

Division 4 - Alternative arrangements for giving evidence

• 359 Application of Division
• 360 Alternative arrangements for giving evidence
• 362 Evidence given by closed-circuit television or other facilities
• 363 When court must direct use of closed-circuit television or other facilities for complainant
• 364 When court must direct use of screens for complainant
• 365 When court must direct presence of support person for complainant

Division 5 - Use of recorded evidence-in-chief of children and cognitively impaired witnesses in sexual offence, assault and family violence matters

• 366 Application of Division
• 367 Use of recorded evidence-in-chief
• 368 Admissibility of recorded evidence-in-chief
• 368A Court may order production of recording made under this Division in certain circumstances

Division 6 - Procedure and rules for children and cognitively impaired complainants

• 369 Application of Division
• 370 Special hearing for recording evidence
• 371 Time limits for special hearing
• 371A Timing arrangements for special hearing during trial
• 372 Conduct of special hearing
• 373 Form in which recording of special hearing is to be tendered
• 374 Admissibility of evidence from special hearing
• 376 Cross-examination of complainant

Division 7 - Admission of recorded evidence of complainant given in trial for sexual offences

• 378 Application of Division
• 379 Admissibility of recording of complainant's evidence
• 380 Prosecution to give notice of intention to tender recording
• 381 Admission of recording of evidence of complainant
• 383 Attendance of complainant
• 384 Direct testimony in addition to recording
• 385 Cross-examination of complainant
• 386 Form in which recording of complainant's evidence is to be tendered
• 387 Exception to hearsay rule

Division 7A - Admission of recorded evidence of complainant given in summary hearing by Children's Court of certain sexual offences

• 387A Application of Division
• 387B Admissibility of recording of complainant's evidence

Division 7B - Use of recorded evidence-in-chief of complainant in family violence offence proceedings

• 387C Definitions
• 387D Application of Division
• 387E Use of recorded statement as complainant's evidence-in-chief
• 387F Admissibility of recorded evidence-in-chief
• 387G Requirements for making recorded statement
• 387H Service of recorded statement
• 387I Editing or otherwise altering recorded statement
• 387J Court or tribunal may order production of recorded statement in certain circumstances
• 387K Use of recorded statement in family violence intervention order proceeding
• 387L Offences in relation to recorded statements
• 387M Division does not affect other provisions
• 387N Relationship with Surveillance Devices Act 1999

Division 8 - Miscellaneous

• 388 Evidence of specialised knowledge in certain cases
• 389 Audiovisual link evidence from overseas in certain proceedings

Part 8.2A - Ground rules hearings and intermediaries

Division 1 - Ground rules hearings

• 389A Application of Division
• 389AB Ground rules hearings
• 389B Ground rules hearing to be held
• 389C Time limits for ground rules hearing
• 389D Attendance for ground rules hearings
• 389E Directions which may be given at ground rules hearings

Division 2 - Intermediaries

• 389F Application of Division
• 389G Participating venues of courts
• 389H Panel of intermediaries
• 389I Functions of intermediaries
• 389J Appointment of intermediaries
• 389K Witness to give evidence in presence of intermediary

Part 8.3 - Service of documents

• 390 General rules as to service
• 391 Personal service
• 392 Service on informant or DPP
• 393 Service on company, registered body, incorporated association or other body corporate
• 394 Ordinary service
• 395 Personal service satisfies ordinary service
• 396 Last known place of residence or business
• 397 Order for substituted service
• 398 Who may effect service
• 399 Proof of service

Part 8.4 - Costs

Division 1 - Preliminary

• 400 Right to be heard

Division 2 - Costs in summary proceedings and committal proceedings

• 401 Costs in Magistrates' Court
• 402 Notice to appear
• 403 Convicted accused to pay filing fee

Division 3 - Costs in trials on indictment

• 404 Costs in the Supreme Court and County Court
• 405 Costs order

Division 4 - Costs on appeal

• 406 Costs on appeal to County Court or the Court of Appeal under section 254
• 407 Costs on abandonment of appeal to County Court or the Court of Appeal
• 408 Costs on appeal from Magistrates' Court to Supreme Court on a question of law
• 409 No costs on appeal to Court of Appeal or on new trial

Division 5 - Legal practitioners

• 410 Costs liability of legal practitioner

Part 8.5 - Miscellaneous

• 410A Electronic signatures
• 411 Issue of warrant to arrest
• 412 Power to amend when there is a defect or error
• 413 Transfer of charge to court with jurisdiction
• 414 Acknowledgment of false statement
• 415 Court may direct that a person be prosecuted for perjury
• 415A Informant's obligation of disclosure to the DPP
• 416 Disclosure of material by prosecution
• 416A Application for non-disclosure order
• 416B Non-disclosure order not binding on superior court
• 416C Review of non-disclosure order
• 417 Court fees not payable by accused
• 418 Supreme Court—limitation of jurisdiction
• 419 Rules of court
• 420 Regulations

Chapter 10 - Savings and transitional provisions

• 439 Savings and transitional provisions
• 440 Transitional provisions—Justice Legislation Amendment Act 2010
• 441 Transitional provisions—Criminal Procedure Amendment (Double Jeopardy and Other Matters) Act 2011
• 442 Transitional provisions—Criminal Procedure Amendment Act 2012
• 443 Transitional provision—Jury Directions Act 2013
• 444 Transitional provision—Criminal Organisations Control and Other Acts Amendment Act 2014
• 445 Transitional provisions—Crimes Amendment (Sexual Offences and Other Matters) Act 2014
• 446 Transitional provision—Crimes Amendment (Child Pornography and Other Matters) Act 2015
• 447 Transitional provision—Crimes Legislation Further Amendment Act 2017
• 448 Transitional provision—Jury Directions and Other Acts Amendment Act 2017
• 449 Transitional provision—Justice Legislation Miscellaneous Amendment Act 2018
• 450 Transitional provision—Justice Legislation Amendment (Victims) Act 2018—section 387A
• 451 Transitional provision—Justice Legislation Amendment (Victims) Act 2018—Part 8.2A
• 452 Transitional provision—Family Violence Protection Amendment Act 2017
• 453 Transitional provision—Justice Legislation Amendment (Criminal Appeals) Act 2019—powers of Court of Appeal, second or subsequent appeals
• 454 Transitional provision—Justice Legislation Amendment (Criminal Appeals) Act 2019—appeals from summary jurisdiction
• 454A Transitional provision—COVID-19 Omnibus (Emergency Measures) Act 2020
• 454B Transitional provision—COVID-19 Omnibus (Emergency Measures) Act 2020—deciding issues without a hearing
• 455 Transitional provision—Justice Legislation Miscellaneous Amendments Act 2020
• 456 Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021
• 457 Transitional provision—Sex Work Decriminalisation Act 2022
• 456 Transitional provision—Sentencing Amendment (Emergency Worker Harm) Act 2020
• 458 Transitional provision—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022—criminal procedure disclosure
• 459 Transitional provisions—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022
• 460 Transitional provision—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022—dual commission holders
• 461 Transitional provision—Justice Legislation Amendment (Trial by Judge Alone and Other Matters) Act 2022
• 462 Transitional provision—Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022
• 463 Transitional provision—Justice Legislation Amendment (Committals) Act 2025
• 464 Transitional provision—Justice Legislation Amendment (Family Violence, Stalking and Other Matters) Act 2026

Schedules

Schedule 1 - Charges on a charge-sheet or indictment (Sections 6(3), 159(3))

• 1 Statement of offence
• 2 Statement of particulars
• 3 Statutory offence
• 4 Exceptions, exemptions etc.
• 4A Course of conduct charge
• 5 Joinder of charges
• 6 Charge against multiple accused
• 7 Descriptions generally
• 8 Description of persons
• 9 Description of document
• 10 Description of property
• 11 Statement of intent to deceive, injure or defraud
• 12 Perjury, subornation of perjury, etc.
• 13 Names of witnesses to be included on indictment
• 14 Additional information to be included on indictment charging offence to which Chapter 7A applies

Schedule 2 - Indictable offences that may be heard and determined summarily (Section 28(1))

• 1 Common law
• 2 Aboriginal Heritage Act 2006
• 3 Assisted Reproductive Treatment Act 2008
• 3AA Building Act 1993
• 3A Bus Safety Act 2009
• 3AB Commercial Passenger Vehicle Industry Act 2017
• 3B Crime Statistics Act 2014
• 4 Crimes Act 1958
• 5 Dangerous Goods Act 1985
• 6 Drugs, Poisons and Controlled Substances Act 1981
• 7 Electricity Industry Act 2000
• 8 Electricity Safety Act 1998
• 9 Environment Protection Act 2017
• 10 Equipment (Public Safety) Act 1994
• 11 Firearms Act 1996
• 12 Food Act 1984
• 13 Gas Industry Act 2001
• 14 Gas Safety Act 1997
• 15 Health Records Act 2001
• 16 Heritage Act 2017
• 18 Juries Act 2000
• 18A Legal Profession Uniform Law (Victoria)
• 19 Major Events Act 2009
• 19A Marine Safety Act 2010
• 19B Mineral Resources (Sustainable Development) Act 1990
• 20 Occupational Health and Safety Act 2004
• 21A Powers of Attorney Act 2014
• 22 Pollution of Waters by Oil and Noxious Substances Act 1986
• 22A Privacy and Data Protection Act 2014
• 23 Prohibition of Human Cloning for Reproduction Act 2008
• 24 Sex Work Act 1994
• 25A Rail Safety National Law (Victoria)
• 26 Research Involving Human Embryos Act 2008
• 26A Retirement Villages Act 1986
• 27 Road Management Act 2004
• 28 Tobacco Act 1987
• 29 Transport Act 1983
• 29A Victoria Police Act 2013
• 30 Water Act 1989
• 31 Water Industry Act 1994
• Schedule 3 - Persons who may witness statements in preliminary brief, full brief or hand-up brief (Sections 38, 47, 112)

Schedule 4 - Savings and transitional provisions (Section 439)

• 1 Definitions
• 2 General transitional provision
• 3 Renumbering
• 4 References to superseded provisions
• 5 Commencing a criminal proceeding
• 6 Summary procedure
• 7 Committal proceeding
• 8 Trial
• 9 New trial or further hearing
• 10 Appeals
• 11 Petitions for mercy
• 12 Witnesses
• 13 Costs
• 14 Power to amend when there is a defect or error
• 15 Transfer of charge to court with jurisdiction
• 16 Perjury
• 17 Transitional regulations

Schedule 5 - Transitional provisions relating to the Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017

• 1 Transitional provision—Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017