Practising lawyers and criminal defence practitioners. The Act directly governs the conduct of criminal trials in the ACT Supreme Court and Magistrates Court. Practitioners must navigate the complex scheme of alternative verdicts (ss 48B, 48D, 49, 70, 72AB, 296-299), the summary disposal provisions (ss 374-378), and the fitness to plead and mental impairment regimes in Part 13. The joinder of charges (s 434B) and the rules for indictments (ss 260-279) are essential procedural tools.

Prosecutors and the Director of Public Prosecutions. The prosecution bears particular burdens, including the onus of disproving provocation beyond reasonable doubt in murder trials (s 13(5)). Consent of the DPP is required before starting proceedings for persistent sexual abuse of a child (s 56(10)), course of conduct charges for child sexual offences (s 66B(10)), and criminal defamation (s 439(4)). The DPP's agreement is also required for police investigations of acquitted persons where retrial is sought (s 252L).

Police officers and investigators. Part 10 of the Act is the central source of police investigative powers, including search warrants (ss 194-206), stop and search powers (ss 207-210), crime scene powers (ss 210A-210L), arrest and related matters (ss 211-238), and the taking of identification material (ss 230-232). Specific provisions restrict searches of persons under 14 years old without warrant (sdiv 10.7.1A) and establish preliminary procedures for interviewing children and young people (sdiv 10.7.2).

Accountants and compliance professionals. The money laundering and organised fraud provisions in Division 6.2A (ss 114A-114D) are directly relevant. Money laundering is an offence where a person deals with money or property that is proceeds of crime and knows or is reckless about that fact, carrying a maximum penalty of 1,000 penalty units or 10 years imprisonment (s 114B). Strict liability applies to possession of property suspected of being proceeds of crime (s 114C). Organised fraud requires engagement in acts or omissions constituting three or more public fraud offences from which the person derives substantial benefit (s 114D).

Journalists and researchers. The criminal defamation offence (s 439) directly affects media professionals. It requires publication of matter defamatory of another living person knowing it to be false and with intent to cause serious harm or recklessness as to whether such harm is caused. The defence incorporates the civil law defences that would have been available in defamation proceedings. Prosecution requires the written consent of the DPP. The Act also protects fair comment on religious matters from blasphemy prosecutions (s 440).

Institutions caring for vulnerable persons. The Act creates positive duties on persons in authority in relevant institutions to protect vulnerable persons from criminal offences (s 36B) and children and young persons from sexual offences (s 66A). These provisions impose criminal liability for failing to reduce or remove known risks, even where the underlying offence has not yet been committed.

Duty to report child sexual offences. Section 66AA creates a mandatory reporting obligation on any adult who obtains information leading them to reasonably believe that a sexual offence has been committed against a child. The information must be given to a police officer as soon as practicable after forming the belief. The duty is subject to exceptions, including where the alleged victim is no longer a child and does not want disclosure, where disclosure would endanger safety, or where the information is already held by police. Critically, persons who are or were members of the clergy are not entitled to refuse to give information on the basis of religious confession (s 66AA(3)). A person who gives information honestly and without recklessness is protected from civil or criminal liability and from breach of confidence, professional etiquette, or ethics (s 66AA(5)), though client legal privilege is preserved.

Duty of persons in authority to protect children and young persons from sexual offences. Section 66A makes it an offence for a person in authority in a relevant institution who is aware of a substantial risk that a sexual offence will be committed against a child or young person under the institution's care, and who can reduce or remove that risk, to intentionally or negligently fail to do so. The maximum penalty is 5 years imprisonment. The provision has extraterritorial application: it does not matter that the sexual offence happens or is at risk of happening outside the ACT if the child or young person was in the ACT at any time the person was aware of the risk. It is also irrelevant that the person became aware of the risk through information communicated during a religious confession.

Right to legal representation. An accused person has the right in any court to make a full answer and defence to a charge by a lawyer, and to reserve their address until after the close of the evidence for the defence (s 285). If the accused reserves their address, all evidence in reply for the prosecution must be given before the address.

Rights of persons under arrest. A person who arrests another for an offence must inform them at the time of the arrest of the offence for which they are being arrested, though this does not apply if the person should know the substance of the offence or if their actions make it impracticable (s 222). Use of force in arrest must not exceed what is necessary and reasonable to make the arrest or prevent escape, and police must not use force likely to cause death or grievous bodily harm unless necessary to protect life or prevent serious injury (s 221).

Rights of children and young people under restraint. A child or young person who is under restraint in connection with the investigation of an offence must not be interviewed unless a parent, guardian, family member, lawyer, or other suitable person is present, or if it was not practicable to have such a person present within 2 hours, another person who is not a police officer and has not been involved in the investigation (s 252G). The definition of "under restraint" is broad, encompassing lawful arrest, detention, or being in the company of a police officer in connection with an investigation where the police officer would not allow the child to leave if they wished to do so (ss 252E-252F).

Penalty units. At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133). This is critical for calculating fines expressed in penalty units.

Maximum penalties for homicide. Murder is punishable by imprisonment for life (s 12(2)). Manslaughter carries a maximum of 20 years imprisonment, or 28 years for an aggravated offence (s 15). Culpable driving causing death carries 14 years, or 16 years for an aggravated offence (s 29(2)). Culpable driving causing grievous bodily harm carries 10 years, or 12 years for an aggravated offence (s 29(4)).

Maximum penalties for sexual offences. Sexual assault in the first degree (inflicting grievous bodily harm with intent to engage in sexual intercourse) carries 17 years, or 21 years if aggravated (s 51). Sexual intercourse without consent carries 12 years, or 15 years if aggravated, with higher penalties for acting in company (s 54). Sexual intercourse with a child under 10 carries 17 years, or 21 years if aggravated (s 55(1)). Persistent sexual abuse of a child or young person under special care carries 25 years (s 56(1)).

Maximum penalties for property and fraud offences. Money laundering carries 1,000 penalty units or 10 years imprisonment or both (s 114B). Organised fraud carries 1,500 penalty units or 15 years imprisonment or both (s 114D). Destroying or damaging property with intent to endanger life carries 20 years, or 25 years if aggravated (s 116(1)).

Alternative verdict frameworks. The Act contains extensive alternative verdict provisions allowing the trier of fact to find an accused guilty of a lesser offence where not satisfied of the greater charge. These include tables specifying alternative offences for aggravated offences against pregnant persons (s 48B, Table 48B), aggravated offences involving family violence (s 48D, Table 48D), and aggravated sexual offences involving family violence (s 72AB, Table 72AB). Section 49 provides alternative verdicts for certain other offences against the person, including the important provision that on a trial for murder, the jury may acquit of murder but find guilty of manslaughter, or of child destruction, or of concealment of birth.

Enforcement of noise abatement directions. A police officer who believes offensive noise is being emitted from premises may direct the occupier or the person making the noise to cease (s 394). Failure to comply carries up to 10 penalty units (strict liability), and causing or allowing offensive noise within 6 hours after the direction carries up to 50 penalty units or 6 months imprisonment. Police may seize anything (other than an animal) used in connection with the offence, subject to the person having been warned.

Criminal Code 2002 (ACT). The relationship is governed by s 7A, which lists the specific offences to which the Criminal Code chapter 2 applies. The Criminal Code provides the general principles of criminal responsibility, burdens of proof, and definitions of fault elements. For many older offences, particularly in Part 3 (Sexual offences), the Criminal Code chapter 2 does not apply, and common law principles continue.

Family Violence Act 2016. The definition of "family violence" (see the dictionary and Family Violence Act 2016, s 8) is incorporated by reference into the aggravated offence provisions. The interaction is critical: the prosecution need not prove a fault element in relation to the factor of aggravation that the offence involved family violence (ss 48C(4), 72AA(4), 72EA(4), 116(6)). This means that family violence aggravation operates as a circumstance of aggravation without requiring proof of the accused's knowledge or recklessness as to that circumstance.

Bail Act 1992. The Crimes Act contains its own offence of failure to answer bail where bail is granted under a law other than the Bail Act 1992 (s 166). The Bail Act procedures are engaged by the emergency detention provisions for mentally impaired persons (s 309) and by the Magistrates Court's powers on fitness to plead (s 315D).

Confiscation of Criminal Assets Act 2003. Search warrants under Part 10 authorise the seizure of "target material" and "tainted property" as defined in that Act (see ss 194(8), 195). The proceeds of forfeited articles are paid into the confiscated assets trust fund (s 250).

Children and Young People Act 2008. This Act provides the definitions of "child", "young person", "daily care responsibility", and "long-term care responsibility" used in the criminal investigation provisions for children (ss 252D-252K). The mandated reporter obligations under the Children and Young People Act provide an exception to the mandatory reporting duty in s 66AA.

Mental Health Act 2015. Part 13 (Unfitness to plead and mental impairment) is closely integrated with the Mental Health Act. The ACAT exercising jurisdiction under the Mental Health Act receives persons found unfit to plead or not guilty because of mental impairment, and may make mental health orders or forensic mental health orders (ss 318-319, 323-324, 328-329, 335).

Supreme Court Act 1933, Part 8AA. This Part allows the Supreme Court to order the retrial of an acquitted person despite the rule against double jeopardy. Section 252L establishes the procedure for police to obtain the DPP's agreement before investigating an acquitted person for possible retrial.

Affirmative consent model. The Crimes (Consent) Amendment Act 2022 (A2022-7), commencing 12 May 2022, fundamentally reformed the consent framework for sexual offences. The new definition of consent as "informed agreement" that is "freely and voluntarily given and communicated" (s 50B) replaced the previous formulation. Section 67 was completely rewritten to provide an exhaustive list of circumstances in which a person does not consent, and to require that any belief in consent must be reasonable in the circumstances. The provision that the accused's belief is taken not to be reasonable if they did not say or do anything to ascertain consent (s 67(5)) was a significant shift toward communicative sexuality. The Sexual Assault Reform Legislation Amendment Act 2023 (A2023-15), commencing 24 May 2023, added s 67A, prohibiting the trier of fact from considering the accused's self-induced intoxication when deciding knowledge, belief, or recklessness about consent.

Family violence aggravation across all offence types. The Family Violence Legislation Amendment Act 2022 (A2022-13), commencing 17 August 2022, created an entirely new system of aggravated offences for offences involving family violence across Part 2 (offences against the person), Part 3 (sexual offences), and Part 3A (intimate image abuse), and extended the aggravation to property damage offences under s 116. The amendments also introduced comprehensive alternative verdict tables and the provision allowing more than one factor of aggravation to be alleged in a single charge (s 434C).

Raising the age of criminal responsibility. The Justice (Age of Criminal Responsibility) Legislation Amendment Act 2023 (A2023-45) introduced Parts 33 and 34 to raise the minimum age of criminal responsibility. Part 33 (commencing 22 November 2023) applies to offences committed by persons under 12, requiring the ending of law enforcement action, the discontinuation of criminal proceedings, and the destruction of forensic material. Part 34 (commencing 1 July 2025) will apply to offences committed by persons at least 12 but under 14, excluding certain schedule offences. The Crimes Legislation Amendment Act 2025 (A2025-9), commencing 1 July 2025, inserted Subdivision 10.7.1A restricting police powers to stop, search, or detain persons under 14 without warrant, imposing a general prohibition subject to specific exceptions for prevention of harm, safety, and investigations relating to other persons.

Intimate image abuse. The Crimes (Intimate Image Abuse) Amendment Act 2017 (A2017-22), commencing 30 August 2017, created Part 3A with offences for non-consensual distribution of intimate images, distribution of intimate images of young persons, and threatening to capture or distribute intimate images.

Child sexual offence reforms. The Royal Commission Criminal Justice Legislation Amendment Act 2018 (A2018-46), commencing 5 December 2018, introduced the failure to report child sexual offence (s 66AA), the failure by a person in authority to protect a child or young person from sexual offence (s 66A), and the course of conduct charge for child sexual offences (s 66B). The Royal Commission Criminal Justice Legislation Amendment Act 2020 (A2020-31), commencing 1 September 2020, amended the persistent sexual abuse offence (s 56) to expand its scope.

High Court invalidation of marriage equality legislation. The Marriage Equality (Same Sex) Act 2013 (A2013-39), which amended the dictionary definitions in this Act, was held by the High Court to be of no effect in Commonwealth v Australian Capital Territory [2013] HCA 55. As a result, the amendments were never operative, and the republication history reflects this with the notation "never effective".

Provocation law reform. The partial defence of provocation in s 13 has been controversial. The provision now expressly provides that non-violent sexual advances are not sufficient by themselves to constitute provocation, and that there is no rule of law that provocation is negatived if there was not a reasonable proportion between the act causing death and the deceased's conduct, or if the act did not occur suddenly, or if it occurred with intent to take life or inflict grievous bodily harm (s 13(4)). These reforms responded to concerns that the defence was being used inappropriately in cases of sexual advances and domestic violence.

Retrospective repeal of limitation periods. Section 441 retrospectively repeals limitation periods for criminal proceedings for particular historical sexual offences. The provision declares that any right acquired by a person not to be prosecuted for an offence against a repealed sexual offence provision is abrogated. However, s 441A places limits on this: proceedings cannot begin for a 1951 repealed provision if the defendant is not more than 2 years older than the complainant, and cannot begin for certain 1976 repealed provisions without specified allegations.

The mandatory reporting duty exception for clergy. While s 66AA(3) provides that a person who is or was a member of the clergy is not entitled to refuse to give information under s 66AA because it was communicated during a religious confession, the section does not expressly override other legal professional privilege or the common law relating to the seal of confession beyond the statutory obligation. Section 66AA(5) protects persons who give information honestly and without recklessness from civil or criminal liability, but s 66AA(6) expressly provides that this does not apply if giving the information would be a breach of client legal privilege. Legal practitioners should note the distinction between religious confession and legal professional privilege.

No fault element for family violence aggravation. The prosecution need not prove that the defendant had any fault element in relation to the factor of aggravation that an offence involved family violence (ss 48C(4)(a), 72AA(4)(a), 72EA(4), 116(6)(a)). This means the aggravation applies regardless of whether the defendant knew or ought to have known that the offending involved family violence within the meaning of the Family Violence Act.

The requirement to notify the DPP before investigating acquitted persons. Section 252L imposes a strict requirement: the chief police officer or a deputy must apply to the DPP for agreement before investigating an acquitted person for possible retrial, and the DPP must give written notice. Critically, s 252L(7) provides that the functions of the chief police officer or a deputy under this section must not be delegated to any other police officer or AFP employee. This is an explicit non-delegation provision.

The 14-day alibi notice requirement. On a trial on indictment, the defendant must not, without the court's leave, present evidence in support of an alibi unless, within 14 days after committal for trial, the defendant gives notice of particulars of the alibi to the DPP (s 288). The notice must include the name and address of any person to be called in support of the alibi. Failure to comply can result in exclusion of alibi evidence.

Strip search limitations for children. A strip search must not be conducted on a person who is under the age of criminal responsibility (s 228(1)(e)). For persons under 18 or incapable of managing their affairs, a strip search may only be conducted if the person has been arrested and charged or if a court orders it, and must be conducted in the presence of a parent, guardian, or other suitable person (s 228(1)(f)). These are mandatory procedural safeguards.

The "loaded arms" presumption. Under s 5, a firearm, airgun, or air pistol that is unlawfully presented at a person is taken, unless the contrary is proved, to be loaded arms. This reverses the evidential burden onto the accused to prove the weapon was not loaded.

Strict liability for possession of property suspected of being proceeds of crime. Section 114C creates a strict liability offence for dealing with property that is proceeds of crime, carrying a maximum of 200 penalty units or 2 years imprisonment. No fault element need be proved regarding the property being proceeds of crime, meaning the prosecution need only prove that it was in fact proceeds of crime and the defendant dealt with it.

For institutions and persons in authority. Institutions that operate facilities for, engage in activities with, or provide services to children or vulnerable persons should implement robust risk assessment and reporting procedures. Section 66A requires that persons in authority who are aware of a substantial risk that a sexual offence will be committed against a child or young person under the institution's care take active steps to reduce or remove that risk. The obligation applies where the risk is from a person associated with the institution or another person in authority. Compliance requires documented systems for receiving and acting on reports of risk, including where the information is received during a religious confession. Similarly, s 66AA imposes a duty on all adults to report known or suspected child sexual offences to police, subject to specific exceptions. Institutions should provide clear guidance that religious confession does not exempt clergy from this reporting obligation.

For police and investigators. Police exercising powers under Part 10 must strictly adhere to the statutory conditions for search warrants (s 194), including the requirements for warrants by telephone or other electronic means (s 205) and the restrictions on personal searches (s 206). The rules for strip searches (s 228) are detailed and mandatory: they must be conducted in private, by a person of the same sex, not in the presence of unnecessary persons, and not on a person under the age of criminal responsibility. The new limitations on stopping, searching, or detaining persons under 14 without warrant (sdiv 10.7.1A) require police to have specific grounds and to take the person to a parent, carer, or appropriate person or agency promptly. The recording requirements for identification material (ss 230-230A) and the video recording of any forceful taking are mandatory.

For legal practitioners. Defence practitioners should note the alternative verdict frameworks when advising clients on plea negotiations. The provocation and diminished responsibility provisions in murder trials require careful consideration of the burden of proof. The notice of alibi requirement (s 288) demands strict compliance within 14 days of committal. The joinder provisions (s 434B) and the restrictions on joining more than three counts (s 269) are relevant to indictment drafting. Practitioners should also be aware of the special hearing provisions for clients unfit to plead (Part 13), and the requirement for legal representation at a special hearing unless the court otherwise orders (s 316(6)).

For media and journalists. Publication of matter defamatory of another living person may constitute criminal defamation (s 439) if the publisher knows the matter to be false and intends to cause serious harm or is reckless as to whether such harm is caused. The defence incorporates the civil law defences that would have been available, so the same protections of fair comment, qualified privilege, and honest opinion apply. However, the requirement for the DPP's consent to prosecution provides a safeguard against vexatious proceedings. Journalists should also be aware of s 440, which provides that no person is liable to prosecution for blasphemy if the publication is by way of argument or statement and not for the purpose of scoffing or reviling or violating public decency or tending to a breach of the peace.

For compliance professionals. The money laundering and organised fraud provisions require careful attention to the definitions of "proceeds of crime" and "dealing". The strict liability offence in s 114C means that inadvertent dealing with proceeds of crime may result in criminal liability even without knowledge. Businesses should implement robust anti-money laundering procedures, including customer due diligence and suspicious transaction reporting. The defence of lawful authority or excuse for many offences (see s 292) places the burden of proof on the accused, meaning compliance requires proactive documentation of any claimed lawful authority.