Criminal Procedure Bill 2008

• Clause 1 sets out the purposes of the Bill which are—
• Clause 2 provides for the commencement of the Bill. Chapter 1 comes into operation on the day…
• Clause 4 states that references in the Bill to a Part by a number must be construed as a reference…

CHAPTER 2—COMMENCING A CRIMINAL PROCEEDING

• Clause 5 sets out that a criminal proceeding is commenced in one of three ways—
• Clause 6 sets out how a criminal proceeding is commenced in the Magistrates' Court. The clause…
• Clause 6(4) provides that, in the case of an indictable offence that may be heard and determined…
• Clause 7 provides time limits for filing a charge-sheet. For a summary offence, a proceeding must…
• Clause 8 provides the Magistrates' Court with a discretion to make orders to amend a charge-sheet.…
• Clause 9 explains that a charge-sheet is not invalidated by certain errors. Clause 6(3) provides…
• Clause 10 provides for when a matter is listed for a mention hearing or a filing hearing. This…
• Clause 11 specifies the place of hearing of a criminal proceeding in the Magistrates' Court. The…

PART 2.3—NOTIFYING ACCUSED OF COURT APPEARANCE Division 1—Summons or warrant to arrest

• Clause 12 provides that the Magistrates' Court may issue a summons or warrant to arrest. The clause…
• Clause 13 provides that, on service or execution, the summons or warrant is to be accompanied by a…
• Clause 14 provides that a member of the police force or a public official acting in the performance…
• Clause 15 sets out the required content of a summons to answer to a charge. A summons must direct…
• Clause 16 provides that, except where otherwise expressly enacted, there must be personal service…
• Clause 17 provides for ordinary service of a summons for a summary offence. The summons must be…
• Clause 18 requires the informant to nominate in writing a business address, email address, if any,…
• Clause 19 provides for the extension or adjournment of the return date in specific instances. A…
• Clause 20 provides that an accused may apply for an adjournment of proceedings. If such an…
• Clause 21 provides that a member of the police force or a public official acting in the performance…
• Clause 22 provides that notice to appear lapses unless the charge-sheet is filed within 14 days…
• Clause 23 provides for notice to be given to both the person on whom the notice to appear was…
• Clause 24 requires an informant who files a charge-sheet in accordance with clause 22(1) to serve a…
• Clause 25 provides for the procedure following the non-appearance of an accused who has been served…
• Clause 26 provides that service of a notice to appear does not commence a criminal proceeding.

CHAPTER 3—SUMMARY PROCEDURE

PART 3.1—WHEN A SUMMARY HEARING MAY BE HELD

• Clause 27 requires a charge for a summary offence to be heard and determined summarily in…
• Clause 28 allows a charge for certain indictable offences to be heard and determined summarily by…
• Clause 29 allows an indictable offence to be heard and determined summarily if the accused (or…
• Clause 30 sets out the procedure for indictable offences that may be heard and determined…

PART 3.2—PROCEDURE BEFORE SUMMARY HEARING Division 1—General

• Clause 31 allows the Magistrates' Court to change the place of any hearing in the Magistrates'…
• Clause 31 is based on section 359 of the Crimes Act 1958 but does not re-enact the requirement to…
• Clause 32 provides that the accused is entitled to a free copy of the charge- sheet from the…
• Clause 33 requires the Magistrates' Court to ask an accused who is unrepresented on the return date…
• Clause 34 gives the Magistrates' Court power to direct that property taken from the accused be…
• Clause 35 sets out when a preliminary brief is to be served on the accused by the informant. The…
• Clause 36 provides for service of a preliminary brief. In deciding whether ordinary service rather…
• Clause 37 sets out the contents of a preliminary brief. The preliminary brief will replace the…
• Clause 38 sets out different ways in which the informant's statement in a preliminary brief may be…
• Clause 39 requires that, on written request by the accused, the informant must serve a full brief…
• Clause 39 provides that where a written request has been made, the informant must serve the full…
• Clause 40 provides for service of a full brief. In deciding whether ordinary service rather than…
• Clause 41 sets out the contents of a full brief. The purpose of the full brief is to provide more…
• Clause 45 sets out the grounds on which the informant may refuse to disclose material and clauses…
• Clause 45 sets out the grounds on which the informant may refuse to disclose any material required…
• Clause 46 gives an express power to the Magistrates' Court to order an informant to disclose any…
• Clause 47 sets out how a statement contained in a full brief must be acknowledged. An…
• Clause 48 provides that the informant must not disclose the address or telephone number of any…
• Clause 49 allows for disclosure by placing material on an electronic database. The informant must…
• Clause 50 requires an accused who intends to call an expert witness at the hearing to file and…
• Clause 51 sets out that an accused must not, without the leave of the court, give or adduce…
• Clause 52 provides that it is an offence for the prosecution or a member of the police force to…
• Clause 53 sets out what the Magistrates' Court may do at a mention hearing. This includes—
• Clause 54 provides for a summary case conference between the prosecution and the accused. The…
• Clause 55 provides a statutory basis for the contest mention system, which is an established case…
• Clause 55 sets out what the court may do or require of the parties in preparation for the summary…

PART 3.3—SUMMARY HEARING Division 1—Joint or separate hearing of charges

• Clause 56 provides that if a charge-sheet contains more than one charge or names more than one…
• Clause 57 gives the Magistrates' Court a discretion to order, on application of the prosecution or…
• Clause 58 gives a discretion to the Magistrates' Court to order a separate hearing—
• Clause 59 sets out which offences under the Road Safety Act 1986 the diversion program does not…
• Clause 60 enables the Magistrates' Court to give an indication as to the type of sentence that will…
• Clause 61 provides that if the Magistrates' Court gives a sentence indication and the accused…
• Clause 62 requires the court to read to the accused any charge or explain the substance of any…
• Clause 63 allows a legal practitioner appearing for the accused to enter a plea on behalf of the…
• Clause 64 enables the court to order that a plea of not guilty be entered on behalf of an accused,…
• Clause 65 is a new Division that, together with Divisions 6 and 7, set out the course of a summary…
• Clause 66 sets out three ways in which the accused may respond after the prosecution case closes—
• Clause 67 gives the Magistrates' Court the power to question a legal practitioner representing the…
• Clause 68 concerns the response of the accused to the prosecution case if they are not legally…
• Clause 69 regulates the procedure for joint hearings where a no case submission has been made. The…
• Clause 70 requires the accused to indicate, when called on by the Magistrates' Court to do so, the…
• Clause 71 provides that if the accused intends to give evidence or call witnesses, or both, the…
• Clause 72 provides that the accused bears the evidential burden for presenting or pointing to…
• Clause 73 gives the Magistrates' Court a discretion to grant leave to the prosecutor to address the…
• Clause 74 gives the Magistrates' Court a discretion to grant leave to the accused to address the…
• Clause 75 gives the Magistrates' Court a discretion to grant leave for a supplementary prosecution…
• Clause 76 gives the Magistrates' Court the discretion to find the accused guilty of attempting to…
• Clause 77 sets out that, in relation to each previous conviction, a criminal record must contain…
• Clause 78 allows the prosecution to provide to the Magistrates' Court the criminal record (if any)…
• Clause 79 sets out what the Magistrates' Court may do if the informant does not appear on the date…
• Clause 80 sets out what the Magistrates' Court may do if an accused fails to appear in answer to a…
• Clause 81 sets out what the Magistrates' Court may do if an accused fails to appear in answer to a…
• Clause 82 sets out what the Magistrates' Court may do if a corporate accused fails to appear in…
• Clause 83 provides that any statement, and exhibits or documents referred to in any statement, that…
• Clause 84 provides that the informant's statement and any exhibit in the informant's statement,…
• Clause 85 applies to a lodgeable infringement offence (within the meaning of the Infringements Act…
• Clause 86 provides that the accused can be served with a copy of their criminal record if the…
• Clause 87 limits the type of sentence that the Magistrates' Court may impose if the court proceeds…

PART 3.4—REHEARING

• Clause 88 allows a person, or the informant on the person's behalf, to apply for a rehearing in a…
• Clause 89 sets out that a notice of intention to apply for a rehearing must state why the person on…
• Clause 90 requires that when the applicant is the person on whom the sentence was imposed, they…
• Clause 91 provides that on filing a notice of intention to apply for a rehearing (clause 89), the…
• Clause 92 provides that, on an application for a rehearing, the Magistrates' Court may set aside…
• Clause 93 provides that if an applicant fails to appear at the time fixed for the hearing of an…
• Clause 94 provides that, on an application for an order that a charge be reheard, if the…

CHAPTER 4—COMMITTAL PROCEEDING

PART 4.1—PRELIMINARY

• Clause 95 defines the registrar to mean the registrar at the venue of the Magistrates' Court at…
• Clause 96 provides that a committal proceeding must be held where the accused is charged with an…
• Clause 97 lists the purposes of a committal proceeding which include—
• Clause 98 provides that a committal proceeding commences on the commencement of a filing hearing.…
• Clause 99 provides that the court must determine a committal proceeding within 2 months after the…
• Clause 100 lists the types of hearings that may be held in a committal proceeding. Consistent with…

PART 4.2—FILING HEARING

• Clause 101 provides that, at a filing hearing, the court may set a date for a committal mention…
• Clause 102 provides that the date set for a filing hearing must be within 7 days after filing the…

PART 4.3—COMPULSORY EXAMINATION

• Clause 103 regulates the timing of an informant's application for a compulsory examination order.…
• Clause 104 provides that the court may order a person to attend on a specific date to be examined…
• Clause 105 provides that the informant must serve notice of an order made under clause 104(1) on…
• Clause 106 provides that a person ordered to attend court under clause 104(1) may be legally…

PART 4.4—PRE-HEARING DISCLOSURE OF PROSECUTION CASE

• Clause 107 provides that the informant must serve on the accused a hand-up brief complying with…
• Clause 108 provides that a hand-up brief must be served at least 42 days before the committal…
• Clause 109 separates out the additional obligation of the informant to file the hand-up brief and to…
• Clause 110 sets out information that must be included in the hand-up brief. A hand-up brief must…
• Clause 122(2) allows the prosecution to withhold material on specified grounds, including (by reference…

PART 4.5—CASE DIRECTION

• Clause 118 provides that the accused and either the DPP or informant (as applicable), must jointly…
• Clause 119 sets out the information which is both required and permitted to be in a case direction…
• Clause 120 provides a discretion to the court to permit an accused to apply for leave to…
• Clause 121 provides that if the parties have indicated in a case direction notice (under clause 118)…
• Clause 122 provides that while the informant is required to comply with a reasonable request…
• Clause 123 provides that the court must not grant leave to cross-examine a witness who—
• Clause 124 provides that a witness (who is not a witness in the sexual offence cases referred to in…

PART 4.6—COMMITTAL MENTION AND CASE CONFERENCE

• Clause 125 sets out what the court may do at a committal mention hearing. The committal mention…
• Clause 126 provides that a committal mention hearing must be held within 3 months after the…
• Clause 127 provides a discretion to the court to direct the parties to a committal proceeding to…

PART 4.7—COMMITTAL HEARING

• Clause 128 sets out what the court may do at a committal hearing. The court may offer a summary…
• Clause 129 provides that if leave is granted to cross-examine a witness referred to in clause 124…
• Clause 130 provides that a witness can be called to give evidence at a committal hearing if the…
• Clause 131 prohibits a witness whose address or telephone number was not disclosed to the accused…
• Clause 132 provides that, after obtaining leave to cross-examine a witness, an accused is not…
• Clause 133 applies to a committal hearing relating to any charge for a sexual offence. Subclause (2)…
• Clause 134 sets out ways in which the court may proceed if a witness who is required to attend a…
• Clause 135 enables an accused to apply to the court before or during a committal hearing for…
• Clause 136 allows the court to continue a committal hearing in the absence of the accused if it…
• Clause 137 provides that when a committal hearing is continued in the absence of an accused (who is…
• Clause 138 provides that on the attendance of an accused who has been absent from a committal…

PART 4.8—EVIDENCE IN COMMITTAL PROCEEDING

• Clause 139 lists the types of non-oral evidentiary material which, on proof of service on the…
• Clause 140 provides that if the accused makes an admission of any relevant fact or matter during a…

PART 4.9—DETERMINATION OF COMMITTAL PROCEEDING

• Clause 141 requires the court to enquire, after the prosecution's evidence concludes, whether the…
• Clause 144 sets out the procedures for the court to follow if it decides to commit the accused for…
• Clause 144 provides the procedure to be followed before and on committing the accused for trial. The…

PART 4.10—PROCEDURE AFTER COMMITTAL

• Clause 145 requires the Magistrates' Court to transfer related summary offences to the County or…
• Clause 146 sets out the documents which the registrar must forward to the DPP after the committal.…
• Clause 147 provides that, as soon as possible after being committed for trial, the accused is…
• Clause 148 provides that if a corporate accused does not appear at its committal proceeding and is…

PART 4.11—TAKING EVIDENCE AFTER ACCUSED COMMITTED FOR TRIAL

• Clause 149 provides that an accused who has been committed for trial may apply to the court for an…
• Clause 150 provides a discretion to the court, after an accused has been committed for trial, to…
• Clause 151 provides that, if the accused obtains an order (under clause 150(1) with respect to…
• Clause 152 provides that , if the accused obtains an order (under clause 150(1)), the DPP may appear…

PART 4.12—GENERAL

• Clause 153 sets out the actions which the court can take at a special mention hearing. A special…
• Clause 154 provides that, if a corporate accused does not appear in answer to a summons for an…
• Clause 155 provides that the Bill does not change the nature of a committal proceeding from that…
• Clause 156 provides that this Chapter does not affect certain powers of the DPP to file an…
• Clause 157 provides that the accused may apply in writing to the DPP for the DPP to issue written…

CHAPTER 5—TRIAL ON INDICTMENT

PART 5.1—INTRODUCTION

• Clause 158 provides that this Chapter applies if an accused is committed for trial under Chapter 4…

PART 5.2—INDICTMENT AND PLACE OF TRIAL

• Clause 159 states that, subject to the Public Prosecutions Act 1994, the DPP or a Crown Prosecutor…
• Clause 160 allows an indictment to be filed in the Supreme Court or in the County Court, provided…
• Clause 161 provides that the filing of a direct indictment commences a criminal proceeding. Direct…
• Clause 162 provides that the filing of an indictment other than a direct indictment does not…
• Clause 163 sets out the time limits for filing certain indictments. The clause distinguishes between…
• Clause 164 applies to the filing of a fresh indictment. A fresh indictment includes a charge for the…
• Clause 177 also refers to when a prosecution may be discontinued by the DPP. Related offence is…

PART 5.3—NOTIFYING ACCUSED OF INDICTMENT

• Clause 171 requires the DPP, as soon as practicable after an indictment is filed, to serve a copy of…
• Clause 172 allows the DPP to nominate in writing a business address, email address or fax number for…
• Clause 173 requires the DPP to serve a notice with the indictment on a corporate accused stating the…
• Clause 174 provides a new process to compel the attendance of the accused when a direct indictment…
• Clause 175 requires the DPP to serve a summons issued under clause 174 by personal service on the…
• Clause 176 requires the execution of a warrant issued under clause 174 to be accompanied by a copy…

PART 5.4—DISCONTINUING A PROSECUTION

• Clause 177 provides a new statutory power for the DPP to discontinue a prosecution, replacing the…
• Clause 178 applies to cases where a prosecution has been discontinued under clause 177 and the…

PART 5.5—PRE-TRIAL PROCEDURE Division 1—Directions hearings

• Clause 179 allows the court to conduct one or more directions hearings at any time, other than…
• Clause 180 enables the accused to be arraigned at a directions hearing if an indictment has been…
• Clause 181 sets out the powers of the court at a directions hearing. Subclause (1) gives a broad…
• Clause 182 requires the DPP to file and serve a summary of the prosecution opening and a notice of…
• Clause 183 requires the accused to serve on the prosecution and file in court a written response to…
• Clause 184 applies if a party intends to depart substantially at trial from a matter set out in a…
• Clause 185 provides for a continuing disclosure obligation on the prosecution pre-trial that is…
• Clause 186 provides that the prosecution must not disclose the address or telephone number of any…
• Clause 187 permits the accused to request particulars of previous convictions of witnesses from the…
• Clause 188 formalises the current practice of the DPP and the common law requirement that, when the…
• Clause 189 requires the accused to file and serve on the prosecution any statements of expert…
• Clause 190 prohibits the accused, without leave of the court, from giving evidence personally or…
• Clause 191 provides that it is an offence for a person acting for the prosecution or a police…
• Clause 192 gives the court the power to order that a trial be held at another venue if it considers…
• Clause 193 enables the court to order separate trials where there is more than one charge or more…
• Clause 194 creates a presumption that charges for sexual offences that are contained in the same…
• Clause 195 applies to cases where the indictment contains a charge of conspiracy to commit an…
• Clause 196 provides that any power of the court under clauses 165 (relating to orders for amendment…
• Clause 197 prevents the court from staying or adjourning a trial because an accused has been refused…
• Clause 197 creates a circuit breaker for this problem by empowering the court to order Victoria…
• Clause 198 provides for a party to apply to the court for an order that the evidence be taken from a…
• Clause 199 confirms that the court has the power to decide a wide range of issues and make orders…
• Clause 213 also confirms that a trial judge may make any order during trial that could have been…

PART 5.6—SENTENCE INDICATION

• Clause 207 authorises the court to provide a sentence indication as to whether the accused would or…
• Clause 208 allows a sentence indication under clause 207 to be given on the application of the…
• Clause 209 describes the effect of a sentence indication. If the court indicates that it would not…

PART 5.7—TRIAL Division 1—Preliminary

• Clause 210 defines the commencement of trial as when the accused pleads not guilty on arraignment in…
• Clause 211 sets out the time limit for commencing a trial for offences other than sexual offences.…
• Clause 212 sets out the time limit for commencing a trial for sexual offences. Such a trial must…
• Clause 213 confirms that the trial judge may make any order during trial that could have been made…
• Clause 214 allows the court to proceed with the trial of a corporate accused in its absence. In…
• Clause 215 describes what an arraignment is, namely when the court—
• Clause 216 allows a court to accept guilty pleas in writing in certain circumstances. This clause…
• Clause 217 applies if the accused has not pleaded guilty to all of the charges on an indictment. If…
• Clause 218 entitles the accused, upon arraignment, to plead not guilty in addition to making a…
• Clause 219 allows an accused on arraignment to plead not guilty to the offence charged but guilty to…
• Clause 220 provides for how the pleas of (what are currently known as) autrefois acquit and…
• Clause 221 deals with cases where an accused refuses to plead on arraignment. If an accused will not…
• Clause 222 provides a simple power authorising the judge to address the jury at any time in the…
• Clause 223 allows the trial judge to order that copies of a wide range of specified documents be…
• Clause 224 sets out the requirements for a compulsory opening address by the prosecutor. If…
• Clause 225 sets out the requirements of the accused's response to the prosecution opening, which is…
• Clause 226 entitles the accused to respond after the close of the prosecution case. Currently…
• Clause 227 applies if the accused is represented by a legal practitioner. It allows the trial judge…
• Clause 228 applies when the accused is not legally represented. It requires the trial judge to give…
• Clause 229 governs the procedure for joint trials (where two or more accused are named on the…
• Clause 229 provides that, after the close of the case for the prosecution, every accused who wishes…
• Clause 230 requires an accused who intends to call witnesses to give evidence at the trial to…
• Clause 231 concerns the opening address of the accused and the order in which events occur at the…
• Clause 232 allows the trial judge to permit a person to give evidence in the following ways set out…
• Clause 233 governs the introduction of evidence at trial not previously disclosed. It allows the…
• Clause 234 entitles the prosecution to address the jury for the purpose of summing up the evidence.…
• Clause 235 entitles the accused to address the jury for the purpose of summing up the evidence. The…
• Clause 236 allows the prosecution, with the leave of the trial judge, to make a supplementary…
• Clause 237 enables the trial judge or, with the leave of the trial judge, a party to comment on…
• Clause 238 requires the trial judge to give directions to the jury so as to enable the jury to…
• Clause 239 applies to trials for offences other than treason or murder where the jury finds the…
• Clause 240 allows the trial judge to order that guilt in respect of alternative offences is not to…
• Clause 241 allows the trial judge to enter findings of guilty and not guilty without the jury giving…

PART 5.8—GENERAL Division 1—Hearing of charges for related and unrelated summary offences

• Clause 242 allows the Supreme Court or the County Court to hear and determine a charge for a related…
• Clause 243 allows the Supreme Court or County Court to hear and determine an unrelated summary…
• Clause 244 sets out what a criminal record must contain and when a criminal record is inadmissible…
• Clause 245 applies in cases where the prosecution intends to allege previous convictions at…
• Clause 246 requires an accused to attend all hearings conducted under this Chapter in the criminal…
• Clause 247 gives the court the power to extend or bridge any time fixed by or under this Chapter or…
• Clause 248 requires the parties to inform the Juries Commissioner of certain events relating to the…
• Clause 249 requires a legal practitioner who has been briefed (or otherwise agreed to appear for an…
• Clause 250 deals with complaints against legal practitioners. It allows the court to make a…
• Clause 251 applies if an offence charged in an indictment and an offence that was tried at an…
• Clause 252 makes it an offence for a corporate accused not to comply with an order to appear at…
• Clause 253 abolishes the common law procedure of calling a grand jury to determine whether a person…

CHAPTER 6—APPEALS AND CASES STATED

PART 6.1—APPEAL FROM MAGISTRATES' COURT TO COUNTY COURT Division 1—Appeal by offender

• Clause 254 provides that a person convicted of a criminal offence in the Magistrates' Court may…
• Clause 254 clarifies the position by referring to an appeal to the County Court against—
• Clause 255 sets out how an appeal is commenced, namely by filing a notice of appeal, which must…
• Clause 256 sets out certain powers and obligations of the County Court when hearing an appeal under…
• Clause 257 allows the DPP to appeal to the County Court against a sentence imposed in the…
• Clause 258 sets out how an appeal by the DPP is commenced, namely by filing a notice of appeal,…
• Clause 259 contains various powers and obligations of the County Court in determining a DPP appeal,…
• Clause 260 sets out the DPP's right of appeal in cases where the person convicted has failed to…
• Clause 261 sets out how an appeal under clause 260 is commenced, namely by filing a notice of…
• Clause 262 contains various powers and obligations of the County Court in determining a DPP appeal…
• Clause 263 deals with late notices of appeal. A notice of appeal filed late is deemed to be an…
• Clause 264 provides for the stay of orders if the appellant appeals against sentence. If an…
• Clause 265 allows an appellant who is in custody because of the sentence appealed against to apply…
• Clause 266 sets out the procedures which apply when an appellant wishes to abandon an appeal, which…
• Clause 267 sets out the procedure if an appellant fails to appear at an appeal and permits the…
• Clause 268 sets out the procedure in cases in which the respondent fails to appear at an appeal by…
• Clause 269 allows the appellant to give one notice of appeal for all or any of the sentences in…
• Clause 270 allows the County Court's to sentence a person where the sentence appealed against is an…
• Clause 271 provides that, if a person is authorised by or under another Act to appeal from an order…

PART 6.2—APPEAL FROM MAGISTRATES' COURT TO SUPREME COURT ON A QUESTION OF LAW

• Clause 272 sets out the requirements for parties to appeal on a question of law. Subclause (1)…
• Clause 273 provides that, if a person chooses to appeal under this Part to the Supreme Court on a…

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

• Clause 274 allows a person convicted of an offence by an originating court to appeal to the Court of…
• Clause 275 sets out how an appeal is commenced, namely by filing a notice of application for leave…
• Clause 276 requires the Court of Appeal to allow an appeal against conviction if the appellant…
• Clause 276 simplifies the appeal grounds without departing from the overall "substantial miscarriage…
• Clause 277 outlines the orders that the Court of Appeal may or must make following a successful…
• Clause 278 allows a person sentenced for an offence by an originating court to appeal to the Court…
• Clause 279 sets out how an appeal is commenced, namely by filing an application for leave to appeal…
• Clause 280 applies to an application for leave to appeal under clause 278 (against sentence) that is…
• Clause 280 reflects the approach of the minority in R v Raad [2006] VSCA 67, a decision of a bench…
• Clause 280 deals only with when leave may be refused, but leaves the general basis upon which leave…
• Clause 281 concerns the determination of appeals under clause 278. The Court of Appeal may allow an…
• Clause 282 sets out orders which the Court of Appeal must or may make following a successful appeal…
• Clause 283 allows a person sentenced to a term of imprisonment by the County Court on appeal from a…
• Clause 284 sets out how an appeal under clause 283 is commenced, namely by filing a notice of…
• Clause 285 provides for the determination of sentence appeals to the Court of the Appeal from the…
• Clause 286 sets out orders which the Court of Appeal must or may make following a successful appeal…
• Clause 287 allows the DPP to appeal to the Court of Appeal against a sentence imposed by an…
• Clause 288 sets out how an appeal is commenced, namely by filing a notice of application for leave…
• Clause 289 provides for how the Court of Appeal must determine a Crown appeal against sentence. The…
• Clause 290 sets out the orders the Court of Appeal must make upon a successful DPP appeal, namely to…
• Clause 291 sets out the DPP's right of appeal in cases where the person convicted has failed to…
• Clause 292 sets out how an appeal under clause 291 is commenced, namely by filing a notice of appeal…
• Clause 293 provides for the Court of Appeal to allow a DPP appeal if it considers that the…
• Clause 294 sets out the orders the Court of Appeal may make upon a successful appeal, namely to set…
• Clause 295 sets out the right of appeal against interlocutory decisions. An interlocutory decision…
• Clause 296 allows a party to apply to the Court of Appeal for a review of a decision by a judge…
• Clause 297 contains the factors to which the Court of Appeal must have regard, when considering…
• Clause 298 sets out how an interlocutory appeal is commenced, namely by filing a notice of…
• Clause 299 provides that, if the Court of Appeal grants leave to appeal under clause 295 after the…
• Clause 300 provides for how the Court of Appeal is to determine an interlocutory appeal. The appeal…
• Clause 301 requires the Registrar of Criminal Appeals of the Supreme Court to transmit the decision…
• Clause 302 allows courts to reserve questions of law for determination by the Court of Appeal. There…
• Clause 303 provides that, if a court reserves a question of law under clause 302 after the trial has…
• Clause 304 applies in cases where the Supreme Court or the County Court refuses an application under…
• Clause 305 provides for how a case is to be stated, namely in writing referring to the circumstances…
• Clause 306 sets out the general powers of the Court of Appeal in relation to a case stated. It…
• Clause 307 requires the Registrar of Criminal Appeals of the Supreme Court to transmit the judgment…
• Clause 308 allows the DPP to refer a point of law to the Court of Appeal following an acquittal in…
• Clause 309 provides a general presumption that a sentence is not stayed during the appeal period…
• Clause 310 enables a prisoner within the meaning of the Corrections Act 1986, who appeals or applies…
• Clause 311 provides for the automatic stay of certain orders during the appeal period; in particular…
• Clause 312 deals with execution of orders for forfeitures or destruction of property. Subclause (1)…
• Clause 313 allows the Court of Appeal or the Registrar of Criminal Appeals to extend the time for…
• Clause 314 allows an appeal to be abandoned in accordance with the rules of court.
• Clause 315 sets out the powers which may be exercised by a Judge of Appeal. Subclause (1) allows a…
• Clause 316 allows the Registrar of Criminal Appeals to require a trial judge to provide a report on…
• Clause 317 allows the Court of Appeal to order the production of any document, exhibit or other…
• Clause 318 allows the Court of Appeal to order any witness who would have been a compellable witness…
• Clause 319 allows the Court of Appeal to receive the evidence of any witness (including the…
• Clause 320 allows the Court of Appeal to appoint a special commissioner to inquire into and report…
• Clause 321 sets out the extent to which new evidence can be used to increase a sentence on appeal.…
• Clause 322 permits the Court of Appeal to impose a sentence on a person under this Part even if the…
• Clause 323 provides that, if on an appeal the Court of Appeal directs a new trial or remits a matter…
• Clause 324 allows the Court of Appeal to issue any warrant necessary for enforcing the orders of the…
• Clause 325 refers to ancillary orders of the original court which are orders (other than the order…
• Clause 326 provides for the remuneration of special commissioners.

CHAPTER 7—REFERENCE TO COURT OF APPEAL ON PETITION FOR MERCY

• Clause 327 allows the Attorney General to refer whole cases to the Court of Appeal or any point…

CHAPTER 8—GENERAL

PART 8.1—CONDUCT OF PROCEEDING

• Clause 328 allows a party to a criminal proceeding to appear in various ways, including personally,…
• Clause 329 requires an accused or a party to the appeal who was the accused to appear at every…
• Clause 330 requires an accused or a party to an appeal who was the accused to attend a hearing if—
• Clause 331 contains a general power of a court to adjourn proceedings. The power to bring a hearing…
• Clause 337 provides that an order under the Bill can be made on application by either party or by…
• Clause 337 provides that, unless the context otherwise requires, a power or discretion conferred on…

PART 8.2—SERVICE OF DOCUMENTS

• Clause 338 sets out the general rules of service which apply unless this Bill or any other Act or…
• Clause 339 outlines how personal service is to be effected, namely by—
• Clause 340 sets out the requirements for service on an informant or the DPP. This new express…
• Clause 341 sets out the requirements for service on companies, registered bodies, incorporated…
• Clause 342 sets out the requirements for ordinary service and is the default method of serving a…
• Clause 343 provides that documents which are required or permitted to be served by ordinary service…
• Clause 344 allows rules of court to prescribe how the last known place of residence or business of…
• Clause 345 enables the court to make an order for substituted service if service cannot be effected…
• Clause 346 provides that, if a person is required or permitted to serve a document, the person may…
• Clause 347 sets out how service may be proved, namely by oral sworn evidence or affidavit or…

PART 8.3—COSTS Division 1—Preliminary

• Clause 348 prohibits the court from making an order awarding costs against a person without giving…
• Clause 349 provides a broad power to the Magistrates' Court to award costs in a criminal proceeding…
• Clause 350 states that if a notice to appear lapses under clause 22(1), and notice is given in…
• Clause 351 relates to the filing fee that an accused is liable to pay upon being convicted. It…
• Clause 352 provides the court with a broad discretion to order costs against a party or their legal…
• Clause 353 sets out the requirements of a costs order in cases where the court determines that one…
• Clause 354 provides a discretion to the County Court to order costs on appeal. The clause is…
• Clause 355 enables the respondent to apply on notice to the County Court for an order dealing with…
• Clause 356 gives the Supreme Court the discretion to order costs on appeal from the Magistrates'…
• Clause 357 provides that no costs are to be allowed to a party to an appeal under Part 6.3, or a new…
• Clause 358 deals with the costs liability of legal practitioners. This costs provision is broader…

PART 8.4—MISCELLANEOUS

• Clause 359 contains various rules with respect to the issue of a warrant to arrest. Warrants to…
• Clause 360 gives the court a broad power to amend a summons, warrant, plea, judgment or order for…
• Clause 361 provides a way of resolving a charge which, as a result of error, is before a court which…
• Clause 362 allows a court to direct that a person be prosecuted for perjury if it appears that the…
• Clause 363 provides that nothing in this Bill derogates from a duty otherwise imposed on the…
• Clause 364 prohibits charging the accused fees for the issuing of any process on behalf of an…
• Clause 365 notifies the intention of clauses 61(4) and 209(4) to alter or vary section 85 of the…
• Clause 366 allows rules of court regulating the practice and procedure under this Bill to be made by…
• Clause 367 allows the Governor in Council to make regulations with respect to a range of specified…

CHAPTER 9—REPEALS AND CONSEQUENTIAL AND OTHER AMENDMENTS

PART 9.1—CRIMES (CRIMINAL TRIALS) ACT 1999

• Clause 368 repeals the Crimes (Criminal Trials) Act 1999.

PART 9.2—CRIMES ACT 1958

• Clause 369 repeals various sections of the Crimes Act 1958. The repeals fall into two categories.…

PART 9.3—CRIMES (MENTAL IMPAIRMENT AND UNFITNESS TO BE TRIED) ACT 1997

• Clause 370 inserts a new section 14A into the Crimes (Mental Impairment and Unfitness to be Tried)…
• Clause 371 inserts a new section 24AA into the Crimes (Mental Impairment and Unfitness to be Tried)…
• Clause 372 contains certain consequential amendments to the Crimes (Mental Impairment and Unfitness…

PART 9.4—MAGISTRATES' COURT ACT 1989

• Clause 373 inserts new sections 25(3) and (4) into the Magistrates' Court Act 1989 allowing the…
• Clause 374 contains certain consequential amendments to the Magistrates' Court Act 1989 as a result…

PART 9.5—CHILDREN, YOUTH AND FAMILIES ACT 2005

• Clause 375 inserts definitions of authorised person and DPP into section 3(1) of the Children, Youth…
• Clause 376 inserts into Chapter 5 of the Children, Youth and Families Act 2005 a new Part 5.1A which…
• Clause 377 inserts a new section 516A into the Children, Youth and Families Act 2005 allowing joint…

PART 9.6—APPEALS COSTS ACT 1998

• Clause 378 inserts new sections 15A, 15B and 15C in the Appeals Costs Act 1998. The new sections…

PART 9.7—SENTENCING ACT 1991

• Clause 379 repeals section 105 of the Sentencing Act 1991. Because of the definition of original…
• Clause 380 inserts a new section 112A into the Sentencing Act 1991 which sets a maximum fine of 500…
• Clause 380 takes the same approach to the limit on financial penalties that is already followed for…
• Clause 381 inserts new subsections into section 113D into the Sentencing Act 1991. It sets a maximum…

PART 9.8—MISCELLANEOUS AMENDMENTS

• Clause 382 amends various Acts to reclassify various offences as summary or indictable offences.…
• Clause 383 repeals the option of a jury trial in sections 53(3), 53(5) and 53(6) of the Summary…
• Clause 384 repeals certain provisions concerning sentence indications in the Supreme Court and…
• Clause 385 provides that this Chapter is repealed on 1 January 2012. SCHEDULES

SCHEDULE 1—CHARGES ON A CHARGE-SHEET OR INDICTMENT

• Clause 1 provides that a charge must—
• Clause 2 states that the particulars of the offence charged must be set out in ordinary language…
• Clause 3 defines statutory offence as an offence created by an Act or subordinate instrument or by…
• Clause 4 states that any exception, exemption, proviso, excuse or qualification need not be…
• Clause 5 provides for the joinder of charges. Charge-sheets or indictments may contain charges for…
• Clause 6 applies in cases where an offence is alleged against more than one accused. It allows an…
• Clause 7 provides that, subject to any other provision of this Schedule, if it is necessary to…
• Clause 8 concerns the description of persons in charges. Subclause (1) requires such a description…
• Clause 9 provides that, if it is necessary to refer to a document or instrument in a charge, it is…
• Clause 10 requires the description of property in a charge to be in ordinary language and to…
• Clause 11 provides that, in stating an intent to deceive, injure or defraud, it is not necessary to…
• Clause 12 sets out what needs to be in a charge for perjury and related offences. Subclause (1)…
• Clause 13 requires the following information to be included on an indictment—

SCHEDULE 2—INDICTABLE OFFENCES THAT MAY BE HEARD AND DETERMINED SUMMARILY (CLAUSE 28(1))

• Schedule 2 lists the indictable offences that may be heard and determined summarily.…

SCHEDULE 3—PERSONS WHO MAY WITNESS STATEMENTS IN PRELIMINARY BRIEF, FULL BRIEF OR HAND-UP BRIEF

• Items 1–30 set out those persons who may witness statements in a preliminary brief, full…