New South Wales act

Criminal Procedure Act 1986

In ForceNSW

Jurisdiction

New South Wales

Act Number

209 of 1986

Collection

act

Plain English Summary

8/10 complexity

The legislation sets step-by-step court procedures for criminal cases in NSW, from starting matters to deciding summary versus jury trials, and governs evidence sharing, special protections for vulnerable witnesses, and fair witness processes. It affects accused people, prosecutors, courts and victims by allocating rights, disclosure duties and case-management roles. It matters because it promotes timely, transparent and protective criminal justice—preventing surprises, safeguarding vulnerable people, and ensuring serious matters get full trials while minor cases are resolved efficiently.

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What it does

The Criminal Procedure Act 1986 (NSW) establishes a comprehensive procedural framework for the investigation, prosecution, trial, and appeal of criminal offences in New South Wales. At its core, it classifies offences as either summary (dealt with by a magistrate in the Local Court without a jury, per ss 6 and 7) or indictable (typically requiring committal proceedings under Chapter 3 Part 2 before trial in the District or Supreme Court, per s 5). It mandates pre-trial steps such as the service of a brief of evidence (s 61), charge certification (s 66), and case conferences (Division 5 of Part 2, Chapter 3), which aim to resolve issues early and reduce delays (see also the case management provisions in Division 3 of Part 3, Chapter 3, inserted by the Criminal Procedure Amendment (Case Management) Act 2009).

The Act governs how evidence is gathered and presented, with particular emphasis on protections for vulnerable witnesses. For instance, Part 6 of Chapter 6 allows children and cognitively impaired persons to give evidence via pre-recorded statements (ss 306R–306U), while Division 4 of that Part provides for closed-circuit television or screens (ss 306ZB–306ZI). Special rules apply to domestic violence complainants (Part 4B), including the use of recorded statements (s 289D) and in-camera proceedings (s 289U). It also addresses penalties and enforcement, such as costs orders (Division 4 of Part 2, Chapter 4) and the interaction with the Bail Act 2013 (cross-referenced throughout, e.g., s 21(5)(c)).

In substance, the Act ensures procedural fairness by requiring disclosure (e.g., s 142 for prosecution case notice), allowing amendments to indictments (s 20), and providing for judge-alone trials where appropriate (s 132). It interacts with sentencing under the (e.g., guilty plea discounts in s 59) and evidence rules in the (e.g., tendency and coincidence evidence under s 29A). Recent expansions, such as Part 2B on terrorism evidence (inserted by the ), reflect its adaptation to contemporary threats. Overall, it streamlines justice while safeguarding rights, affecting all participants from police and prosecutors to accused persons and victims.

Current sections

Direct links to the current provisions in Criminal Procedure Act 1986.

677

Name of Act

1 Name of Act

This Act may be cited as the Criminal Procedure Act 1986.

Commencement

2 Commencement

(1) Sections 1 and 2 shall commence on the date of assent to this Act.

(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.

Definitions

3 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

accused person includes, in relation to summary offences, a defendant and, in relation to all offences (where the subject-matter or context allows or requires), an Australian legal practitioner representing an accused person.

apprehended violence order has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007.

apprehended violence order proceedings has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007.

authorised officer means—

(a) a registrar of a court, or

(b) an employee of the Attorney General’s Department authorised by the Attorney General as an authorised officer for the purposes of this Act.

bail has the same meaning as it has in the Bail Act 2013.

case conference means a conference held under Division 5 of Part 2 of Chapter 3.

case conference certificate means a case conference certificate required to be completed and filed under Division 5 of Part 2 of Chapter 3.

case conference material—see section 78 (5).

charge certificate—see section 66 (1).

Children’s Judge has the same meaning as in the Children’s Court Act 1987.

coincidence evidence has the same meaning as it has in the Evidence Act 1995.

committal proceedings means proceedings before a Judge of the Local Court for the purpose of committing a person charged with an indictable offence for trial or sentence.

court means—

(a) the Supreme Court, the Court of Criminal Appeal, the Land and Environment Court, the Industrial Relations Commission, the District Court or the Local Court, or

(b) any other court that, or person who, exercises criminal jurisdiction,

but, subject to the Children (Criminal Proceedings) Act 1987, does not include the Children’s Court or any other court that, or person who, exercises the functions of the Children’s Court.

Court of Coal Mines Regulation means the Court of Coal Mines Regulation established under the Coal Mines Regulation Act 1982.

domestic violence complainant, in proceedings for a domestic violence offence, means the person against whom the domestic violence offence is alleged to have been committed, but does not include a person who is a vulnerable person.

domestic violence offence means a domestic violence offence within the meaning of the Crimes (Domestic and Personal Violence) Act 2007.

exercise a function includes perform a duty.

function includes a power, authority or duty.

indictable offence means an offence (including a common law offence) that may be prosecuted on indictment.

Industrial Local Court Judge has the same meaning as in the Industrial Relations Act 1996.

intervention plan—see section 346.

intervention program—see section 346.

law enforcement or investigating officer, for an alleged offence, means a police officer, or another officer or a member of staff of an agency created by or under an Act, who is responsible for an investigation into a matter involving the suspected commission of the alleged offence.

offence means an offence against the laws of the State (including a common law offence).

plea offer—see section 77 (1).

prescribed sexual offence means—

(a) an offence under section 43B, 45, 45A, 61B, 61C, 61D, 61E, 61I, 61J, 61JA, 61K, 61KC, 61KD, 61KE, 61KF, 61L, 61M, 61N, 61O, 63, 65, 65A, 66, 66A, 66B, 66C, 66D, 66DA, 66DB, 66DC, 66DD, 66DE, 66DF, 66EA, 66EB, 66EC, 66F, 67, 68, 71, 72, 72A, 73, 73A, 74, 76, 76A, 78A, 78B, 78H, 78I, 78K, 78L, 78M, 78N, 78O, 78Q, 79, 80, 80A, 80D, 80E, 81, 81A, 81B, 87, 89, 90, 90A, 91, 91A, 91B, 91D, 91E, 91F, 91G, 91P, 91PA, 91Q, 91R, 316 (if the concealed serious indictable offence is a prescribed sexual offence) or 316A of the Crimes Act 1900, or

(b) an offence that, at the time it was committed, was a prescribed sexual offence for the purposes of this Act or the Crimes Act 1900, or

(c) an offence (including an offence under section 86 of the Crimes Act 1900) that includes the commission of, or an intention to commit, an offence referred to in paragraph (a) or (b), or

(d) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraph (a), (b) or (c).

prescribed summary offence has the same meaning as in the Director of Public Prosecutions Act 1986.

prosecutor means the Director of Public Prosecutions or other person who institutes or is responsible for the conduct of a prosecution and includes (where the subject-matter or context allows or requires) an Australian legal practitioner representing the prosecutor.

public officer means any of the following persons, if acting in an official capacity—

(a) an employee in the Public Service or the NSW Police Force,

(b) an officer or employee of a statutory body representing the Crown,

(c) an employee of a council within the meaning of the Local Government Act 1993,

(d) a member of staff of Local Land Services,

(e) the Director of Public Prosecutions, Deputy Director of Public Prosecutions or Solicitor for Public Prosecutions,

(f) an officer or employee of a body declared by the regulations to be a public body for the purposes of this definition.

recorded statement—see section 289D.

regulations means regulations under this Act.

Rule Committee for a court means a person or body having power to make rules for the court.

rules means rules made for the purposes of a court to which the relevant provision applies.

sexual offence witness has the same meaning as in section 294D.

summary offence means an offence that is not an indictable offence.

tendency evidence has the same meaning as it has in the Evidence Act 1995.

trial Judge means the Judge before whom trial proceedings, following empanelment of a jury in proceedings on indictment, are heard.

vulnerable person has the same meaning as it has in Part 6 of Chapter 6.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) Notes included in this Act are explanatory notes and do not form part of this Act.

(3) In the absence of evidence to the contrary, a person specified in paragraphs (a)–(f) of the definition of public officer who purports to exercise a function as a public officer under this Act is presumed to be acting in an official capacity.

(4) In this Act, a reference to the empanelment of a jury is, in the case of a trial by a Judge alone, taken to be a reference to the point in time when the Judge first assumes the role of the tribunal of fact.

s 3: Am 2001 No 119, Sch 1 [3]–[6]; 2002 No 100, Sch 1 [3]; 2003 No 9, Sch 2.1 [1]; 2003 No 27, Sch 8 [1]; 2005 No 25, Sch 1 [1]; 2006 No 107, Sch 1.11 [1]; 2006 No 120, Sch 3.7 [1]; 2007 No 74, Sch 2 [1]; 2007 No 80, Sch 2.9 [1]; 2007 No 92, Sch 4.5 [1]; 2007 No 94, Schs 1.28 [1] [2], 2; 2008 No 107, Sch 29.4 [1]; 2008 No 112, Sch 6.3; 2009 No 112, Sch 1 [1] [2]; 2011 No 62, Sch 3.7; 2013 No 51, Sch 7.8; 2014 No 5, Sch 2.15 [1]; 2014 No 83, Sch 1 [1]; 2015 No 67, Sch 1.8 [1]; 2016 No 48, Sch 2.13 [1] [2]; 2017 No 44, Sch 1.9 [1] [2]; 2017 No 55, Sch 1 [1] [2]; 2018 No 25, Sch 5.10; 2018 No 33, Sch 4 [1]–[6]; 2018 No 88, Sch 5 [1]; 2019 No 20, Sch 1.10[1]–[3]; 2020 No 31, Sch 1.8[1] [2]; 2020 No 36, Sch 2[1]; 2022 No 49, Sch 1.1[1]; 2023 No 41, Sch 2.13[1]; 2025 No 57, Sch 2.4[1]; 2025 No 61, Sch 2.31[1] [2].

Regulations and rules

4 Regulations and rules

(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2) The Rule Committee for a court may make rules, not inconsistent with this or any other Act, for or with respect to the following matters—

(a) any matter that is required or permitted to be prescribed by rules, or that is necessary or convenient to be prescribed by rules, in relation to the practice or procedure to be followed to give effect to this Act,

(b) any matter incidental to, or relating to, any such practice or procedure.

(3) The rules are to be made in accordance with the Act under which the court is constituted.

s 4 (previously s 5): Renumbered 2001 No 119, Sch 1 [8]. Am 2001 No 119, Sch 1 [9].

Fees

4A Fees

(1) The regulations may make provision for or with respect to the following matters—

(a) the fees payable to a court in relation to the conduct of criminal proceedings in the court, including fees for the following—

(i) the filing or registration of any document in the court,

(ii) the sealing or other authentication of any document that has been filed in the court,

(iii) the issue of any document out of the court,

(b) the fees payable in relation to the functions exercised by the Sheriff in relation to criminal proceedings,

(c) the fees payable for administrative services provided by a registrar or other officer of the court, whether in connection with the administration of this Act or otherwise,

(d) the payment of fees under this Act, including—

(i) the waiver, postponement or remission, in part or in whole, of the fees, and

(ii) the persons to whom the fees are payable, and

(iii) the time at which the fees become due, and

(iv) the persons liable to pay the fees.

(1A) A regulation made under subsection (1)(d)(i) may authorise a registrar of a court or the Sheriff to—

(a) waive, postpone or remit fees payable to the court or the Sheriff, as relevant, and

(b) impose conditions on the waiver, postponement or remission of the fees.

(1B) A reference in subsection (1A) to a registrar is, in relation to the Supreme Court, a reference to—

(a) the Principal Registrar of the Court, or

(b) another registrar of the Court nominated by the Principal Registrar.

(2) Fees of the kind referred to in subsection (1) (a) or (b) are not payable by the Crown, or by any person acting on behalf of the Crown, with respect to any criminal proceedings prosecuted by—

(a) the Crown,

(b) any Minister of the Crown,

(c) any person or body prescribed by the regulations or belonging to a class of persons or bodies so prescribed.

(2A) Despite subsection (2), such fees are payable by any NSW Government agency or statutory body representing the Crown prescribed by the regulations for the purposes of this subsection.

(3) Subsection (2) does not prevent the recovery by the Crown or any such person or body of any fees that would, had they been paid by the Crown or any such person or body, have been so recoverable.

(4) Unpaid fees may be recovered by the person to whom they are payable, as a debt, in any court of competent jurisdiction.

(5) In this section, criminal proceedings means proceedings for an offence (whether summary or indictable), and includes the following—

(a) committal proceedings,

(b) proceedings relating to bail,

(c) proceedings relating to sentence,

(d) proceedings on an appeal against conviction or sentence.

s 4A: Ins 2005 No 28, Sch 5.11 [1]. Am 2012 No 60, Sch 5; 2023 No 39, Sch 6.11[1] [2].

Part 1

Offences

Part 1 Offences

ch 2, pt 1, hdg: Ins 2001 No 119, Sch 1 [11].

Certain offences to be dealt with on indictment

5 Certain offences to be dealt with on indictment

(1) An offence must be dealt with on indictment unless it is an offence that under this or any other Act is permitted or required to be dealt with summarily.

(2) An offence may be dealt with on indictment if it is an offence that under this or any other Act is permitted to be dealt with summarily or on indictment.

s 5 (previously s 7): Renumbered 2001 No 119, Sch 1 [12].

Certain offences to be dealt with summarily

6 Certain offences to be dealt with summarily

(1) The following offences must be dealt with summarily—

(a) an offence that under this or any other Act is required to be dealt with summarily,

(b) an offence that under this or any other Act is described as a summary offence,

(c) an offence for which the maximum penalty that may be imposed is not, and does not include, imprisonment for more than 2 years, excluding the following offences—

(i) an offence that under any other Act is required or permitted to be dealt with on indictment,

(ii) an offence listed in Table 1 or 2 to Schedule 1.

(2) An offence may be dealt with summarily if it is an offence that under this or any other Act is permitted to be dealt with summarily or on indictment.

s 6 (previously s 8): Renumbered 2001 No 119, Sch 1 [12]. Am 2007 No 57, Sch 1 [1].

Certain summary offences may be dealt with by Local Court

7 Certain summary offences may be dealt with by Local Court

(1) An offence that is permitted or required to be dealt with summarily is to be dealt with by the Local Court.

(2) This section does not apply to an offence that, under this or any other Act, is required to be dealt with summarily otherwise than by the Local Court.

s 7 (previously s 9): Renumbered 2001 No 119, Sch 1 [12]. Am 2001 No 119, Sch 1 [13]; 2007 No 94, Sch 2.

Prosecution of indictable offences

8 Prosecution of indictable offences

(1) All offences shall be punishable by information (to be called an indictment) in the Supreme Court or the District Court, on behalf of the Crown, in the name of the Attorney General or the Director of Public Prosecutions.

(2) Such an indictment may be presented or filed whether or not the person to whom the indictment relates has been committed for trial in respect of an offence specified in the indictment.

(3) This section does not apply to offences that are required to be dealt with summarily.

(4) This section does not affect any law or practice that provides for an indictable offence to be dealt with summarily.

s 8 (previously s 10): Renumbered 2001 No 119, Sch 1 [12]. Am 2015 No 15, Sch 2.14 [1].

Name in which prosecutions may be instituted

9 Name in which prosecutions may be instituted

Any prosecution or proceedings instituted by the Attorney General or the Director of Public Prosecutions in respect of any offence (whether an indictable offence or a summary offence) may be instituted in either the official name or the personal name of the Attorney General or the Director of Public Prosecutions.

s 9 (previously s 51): Renumbered 2001 No 119, Sch 1 [14].

Indictment of bodies corporate

10 Indictment of bodies corporate

(1) Unless a contrary intention appears, a provision of an Act relating to an offence applies to bodies corporate as well as to individuals.

(2) On arraignment, a body corporate may enter a plea of “guilty” or “not guilty” by means of writing signed by its representative.

(3) If no such plea is entered the court is to enter a plea of “not guilty”, and the trial is to proceed as though the body corporate had pleaded “not guilty”.

(4) A representative of a body corporate need not be appointed under the body’s seal.

(5) A written statement that—

(a) purports to be signed by one of the persons having the management of the affairs of the body corporate, and

(b) contains a statement to the effect that a named person is the body’s representative,

is admissible as evidence that the named person has been so appointed.

s 10 (previously s 59): Renumbered 2001 No 119, Sch 1 [15].

Description of offences

11 Description of offences

The description of any offence in the words of an Act or statutory rule or other document creating the offence, or in similar words, is sufficient in law.

s 11: Ins 2001 No 119, Sch 1 [17].

Short description of certain offences

12 Short description of certain offences

(1) For the purposes of this or any other Act, a summary offence, or an indictable offence that may be dealt with summarily, is taken to be sufficiently stated or described if it is stated or described by the use of a short expression that describes the offence in general terms.

(2) This section applies to a statement or description of an offence in any court attendance notice, warrant, subpoena, notice, order or other document.

(3) Nothing in this section affects any other method of stating or describing an offence.

(4) Nothing in this section affects any requirement made by or under this Act in relation to the form of a court attendance notice or any other document.

s 12: Ins 2001 No 119, Sch 1 [17].

Venue in indictment

13 Venue in indictment

(1) New South Wales is a sufficient venue for all places, whether the indictment is in the Supreme Court or any other court having criminal jurisdiction.

(2) However, some district or place within, at or near which the offence is charged to have been committed must be mentioned in the body of the indictment.

(3) Any such district or place is to be taken to be in New South Wales, and within the jurisdiction of the court, unless the contrary is shown.

s 13 (previously s 60): Renumbered 2001 No 119, Sch 1 [19].

Common informer

14 Common informer

(cf Fines and Penalties Act 1901 sec 4)

A prosecution or proceeding in respect of any offence under an Act may be instituted by any person unless the right to institute the prosecution or proceeding is expressly conferred by that Act on a specified person or class of persons.

s 14 (previously s 55): Renumbered 2001 No 119, Sch 1 [20].

14A

Proceedings for offences commenced by officers of ICAC or LECC

14A Proceedings for offences commenced by officers of ICAC or LECC

(1) An officer of ICAC does not have the power to commence proceedings for an offence unless the Director of Public Prosecutions has advised the Independent Commission Against Corruption in writing that the proceedings may be commenced by an officer of ICAC.

(2) An officer of LECC does not have the power to commence proceedings for an offence unless the Director of Public Prosecutions has advised the Law Enforcement Conduct Commission in writing that the proceedings may be commenced by an officer of LECC.

(3) For the purposes of subsections (1) and (2), the Director of Public Prosecutions may liaise with the Independent Commission Against Corruption or Law Enforcement Conduct Commission, but is to act independently in deciding to advise that proceedings for the offence may be commenced.

(4) In this section—

officer of ICAC means a person acting in the capacity of a Commissioner, an Assistant Commissioner or officer of the Independent Commission Against Corruption.

officer of LECC means an officer of the Law Enforcement Conduct Commission (within the meaning of the Law Enforcement Conduct Commission Act 2016).

s 14A: Ins 2015 No 67, Sch 1.8 [2]. Am 2016 No 61, Sch 6.11 [1] [2]; 2016 No 65, Sch 3.2.

Part 2

Indictments and other matters

Part 2 Indictments and other matters

ch 2, pt 2, hdg: Ins 2001 No 119, Sch 1 [21].

Application of Part

15 Application of Part

(1) This Part applies, to the extent that it is capable of being applied, to all offences, however arising (whether under an Act or at common law), whenever committed and in whatever court dealt with.

(2) In this Part—

indictment includes a court attendance notice or any other process or document by which criminal proceedings are commenced.

s 15 (previously s 57): Renumbered 2001 No 119, Sch 1 [22]. Am 2001 No 119, Sch 1 [23]; 2003 No 82, Sch 2.9 [1].

Certain defects do not affect indictment

16 Certain defects do not affect indictment

(1) An indictment is not bad, insufficient, void, erroneous or defective on any of the following grounds—

(a) for the improper insertion or omission of the words “as appears by the record”, “with force and arms”, “against the peace”, “against the form of the statute” or “feloniously”,

(b) for want of an averment of any matter unnecessary to be proved or necessarily implied,

(c) for want of a proper or perfect venue or a proper or formal conclusion,

(d) for want of any additional accused person or for any imperfection relating to any additional accused person,

(d1) if the indictment is for an offence under the Crimes Act 1900 relating to the destruction or loss of a foetus, regardless of the gestational age of the foetus—for stating the name of the foetus,

(e) for want of any statement of the value or price of any matter or thing, or the amount of damage or injury, if such value, price or amount is not of the essence of the offence,

(f) for designating any person by the name of his or her office, or other descriptive appellation, instead of by his or her proper name,

(g) except where time is an essential ingredient, for omitting to state the time at which an offence was committed, for stating the time wrongly or for stating the time imperfectly,

(h) for stating an offence to have been committed on a day subsequent to the finding of the indictment, on an impossible day or on a day that never happened,

(i) if the indictment was signed by an Australian legal practitioner who has been instructed to prosecute the proceedings to which the indictment relates on behalf of the Director of Public Prosecutions—for failure by the Director to authorise the Australian legal practitioner by order in writing under section 126 (2) to sign indictments for and on behalf of the Director.

(2) No objection may be taken, or allowed, to any indictment by which criminal proceedings (including committal proceedings) in the Local Court or for any other offence that is to be dealt with summarily are commenced, or to any warrant issued for the purposes of any such proceedings, on the grounds of—

(a) any alleged defect in it in substance or in form, or

(b) any variance between it and the evidence adduced at the proceedings for the offence charged in the indictment or warrant.

Note.

An adjournment may be obtained under section 40 where there is a variance between the evidence adduced and the offence charged in the application or order.

s 16 (previously s 58): Renumbered 2001 No 119, Sch 1 [24]. Am 2001 No 119, Sch 1 [25]; 2003 No 40, Sch 1.10 [1]; 2005 No 75, Sch 1 [1]; 2006 No 120, Sch 3.7 [2] [3]; 2007 No 94, Sch 2; 2021 No 36, Sch 3[1].

When formal objections to be taken

17 When formal objections to be taken

(1) An objection to an indictment for a formal defect apparent on its face must be taken, by demurrer or motion to quash the indictment, before the jury is sworn.

(2) The court before which the objection is taken may cause the indictment to be amended and, in that case, the trial is to proceed as if there had been no defect.

ss 17–19 (previously ss 61–63): Renumbered 2001 No 119, Sch 1 [26].

Judgment on demurrer to indictment

18 Judgment on demurrer to indictment

The judgment against the accused person on demurrer is to be that the person “answer over” to the charge.

ss 17–19 (previously ss 61–63): Renumbered 2001 No 119, Sch 1 [26].

Traversing indictment

19 Traversing indictment

(1) No traverse is to be allowed, or trial postponed, or time to plead to the indictment given, unless the court so orders.

(2) However, if the court is of the opinion that the accused person ought to be allowed time, either to prepare for his or her defence or for any other reason, the court is to postpone the trial on such terms as it considers fit.

ss 17–19 (previously ss 61–63): Renumbered 2001 No 119, Sch 1 [26].

Amendment of indictment

20 Amendment of indictment

(1) An indictment may not be amended after it is presented, except by the prosecutor—

(a) with the leave of the court, or

(b) with the consent of the accused.

(2) This section does not affect the powers of the court under section 21.

(3) For the purposes of this section, an amendment of an indictment includes the substitution of an indictment.

s 20 (previously s 63A): Renumbered 2001 No 119, Sch 1 [26]. Am 2003 No 40, Sch 1.10 [2]; 2003 No 82, Sch 2.9 [2].

Orders for amendment of indictment, separate trial and postponement of trial

21 Orders for amendment of indictment, separate trial and postponement of trial

(1) If of the opinion that an indictment is defective but, having regard to the merits of the case, can be amended without injustice, the court may make such order for the amendment of the indictment as it thinks necessary to meet the circumstances of the case.

(2) If of the opinion—

(a) that an accused person may be prejudiced or embarrassed in his or her defence by reason of being charged with more than one offence in the same indictment, or

(b) that for any other reason it is desirable to direct that an accused person be tried separately for any one or more offences charged in an indictment,

the court may order a separate trial of any count or counts of the indictment.

(3) If of the opinion that the postponement of an accused person’s trial is expedient as a consequence of it having amended an indictment or ordered a separate trial of a count, the court may make such order as appears necessary.

(4) An order under this section may be made either before trial or at any stage during the trial.

(5) The following provisions apply if an order is made under this section for a separate trial or for the postponement of a trial—

(a) if the order is made during the trial, the court may order that the jury be discharged from giving a verdict—

(i) on the count or counts in respect of which the trial is postponed, or

(ii) on the indictment,

as the case may be,

(b) the procedure on the separate trial of a count, and the procedure on the postponed trial, are to be the same in all respects (if the jury has been discharged) as if the trial had not commenced,

(c) subject to the Bail Act 2013, the court may commit the accused person to a correctional centre.

(6) Any power of the court under this section is in addition to and not in derogation of any other power of the court for the same or similar purposes.

s 21 (previously s 64): Renumbered 2001 No 119, Sch 1 [26]. Am 2014 No 5, Sch 2.15 [1].

Amended indictment

22 Amended indictment

(1) If any indictment is amended, a note of the order for amendment is to be endorsed on the indictment, and the indictment in its amended form is to be treated as the indictment for the purposes of the trial and all proceedings in connection with or consequent on the trial.

(2) Any verdict or judgment given after the amendment of an indictment is to have the same force and effect as if the indictment had originally been in its amended form.

(3) If it is necessary at any time to draw up a formal record of an indictment, the record may be drawn up in the words and form of the amended indictment, without notice of the fact of the amendment.

ss 22–26 (previously ss 65–69): Renumbered 2001 No 119, Sch 1 [26].

Indictment may contain up to 3 similar counts

23 Indictment may contain up to 3 similar counts

(1) Up to 3 counts may be inserted in the same indictment, against the same person, for distinct offences of the same kind committed against the same person.

(2) This section does not apply if more than 6 months have elapsed between the first and last of the offences.

(3) Nothing in this section affects the right of the Crown to insert alternative counts in any indictment.

ss 22–26 (previously ss 65–69): Renumbered 2001 No 119, Sch 1 [26].

Accessories may be charged together in one indictment

24 Accessories may be charged together in one indictment

Any number of accessories (whether before or after the fact) may be charged with substantive serious indictable offences in the same indictment, and may be tried together, even though the principal offender is not included in the indictment, not in custody or not amenable to justice.

ss 22–26 (previously ss 65–69): Renumbered 2001 No 119, Sch 1 [26].

Indictment charging previous offence also

25 Indictment charging previous offence also

In an indictment against a person for an offence committed after the person was convicted of some previous offence (whether indictable or otherwise) it is sufficient, after charging the subsequent offence, to state that the accused person was (at a specified time and place) convicted of the previous offence, without particularly describing the previous offence.

ss 22–26 (previously ss 65–69): Renumbered 2001 No 119, Sch 1 [26].

Description of written instruments

26 Description of written instruments

If—

(a) an indictment relates to an instrument that is written or printed, or partly written and partly printed, or

(b) it is necessary to make an averment in an indictment with respect to an instrument that is written or printed, or partly written and partly printed,

it is sufficient to describe the instrument by any name or designation by which it is usually known, or by its purport, without setting out a copy of the instrument, or otherwise describing the instrument, and without stating the value of the instrument.

ss 22–26 (previously ss 65–69): Renumbered 2001 No 119, Sch 1 [26].

Supreme Court rules may prescribe forms of indictments

27 Supreme Court rules may prescribe forms of indictments

(1) Without limiting the rule-making powers conferred by the Supreme Court Act 1970, rules may from time to time be made under that Act prescribing forms of indictments, records, informations, depositions, convictions, warrants and processes in all courts for any offence.

(2) Any form prescribed by those rules is taken to be sufficient for the purpose, and to sufficiently state the offence, for which it is prescribed.

s 27 (previously s 85): Renumbered 2001 No 119, Sch 1 [27].

Part 3

Criminal proceedings generally

Part 3 Criminal proceedings generally

ch 2, pt 3, hdg: Ins 2001 No 119, Sch 1 [28].

Application of Part and definition

28 Application of Part and definition

(1) This Part applies, to the extent that it is capable of being applied, to all offences, however arising (whether under an Act or at common law), whenever committed and in whatever court dealt with.

(2) In this Part—

Judge includes a Judge of the Local Court, a Children’s Judge, an Industrial Local Court Judge, the President or a judicial member of the Industrial Relations Commission and any other person of a class prescribed by the regulations for the purposes of this definition.

s 28: Ins 2001 No 119, Sch 1 [29]. Am 2007 No 92, Sch 4.5 [2]; 2008 No 107, Sch 29.4 [2]; 2016 No 48, Sch 2.13 [3]; 2023 No 41, Sch 2.13[2]; 2025 No 61, Sch 2.31[3].

When more than one offence may be heard at the same time

29 When more than one offence may be heard at the same time

(1) A court may hear and determine together proceedings related to 2 or more offences alleged to have been committed by the same accused person in any of the following circumstances—

(a) the accused person and the prosecutor consent,

(b) the offences arise out of the same set of circumstances,

(c) the offences form or are part of a series of offences of the same or a similar character.

(2) A court may hear and determine together proceedings related to offences alleged to have been committed by 2 or more accused persons in any of the following circumstances—

(a) the accused persons and the prosecutor consent,

(b) the offences arise out of the same set of circumstances,

(c) the offences form or are part of a series of offences of the same or a similar character.

(3) Proceedings related to 2 or more offences or 2 or more accused persons may not be heard together if the court is of the opinion that the matters ought to be heard and determined separately in the interests of justice.

s 29: Ins 2001 No 119, Sch 1 [29].

29A

Tendency or coincidence—offences to be heard together

29A Tendency or coincidence—offences to be heard together

(1) A court must hear and determine together proceedings for 2 or more offences if—

(a) the offences are alleged to have been committed by the same person, and

(b) the offences are—

(i) charged in the same indictment, or

(ii) listed for hearing on the same day and at the same place, and

(c) the prosecution has given notice that it intends to rely on tendency evidence or coincidence evidence that relates to more than 1 of the offences.

(2) This section is subject to section 21(2).

s 29A: Ins 2020 No 31, Sch 1.8[3].

Change of venue

30 Change of venue

In any criminal proceedings, if it appears to the court—

(a) that a fair or unprejudiced trial cannot otherwise be had, or

(b) that for any other reason it is expedient to do so,

the court may change the venue, and direct the trial to be held in such other district, or at such other place, as the court thinks fit, and may for that purpose make all such orders as justice appears to require.

s 30 (previously s 13): Renumbered 2001 No 119, Sch 1 [30]. Am 2001 No 119, Sch 1 [31] [32].

Abolition of accused person’s right to make unsworn statement or to give unsworn evidence

31 Abolition of accused person’s right to make unsworn statement or to give unsworn evidence

Any rule of law, procedure or practice that permits a person who is charged with the commission of a criminal offence to make an unsworn statement or to give unsworn evidence in answer to the charge is abolished.

s 31 (previously s 95): Renumbered 2001 No 119, Sch 1 [33].

Indemnities

32 Indemnities

(1) The Attorney General may, if of the opinion that it is appropriate to do so, grant a person an indemnity from prosecution (whether on indictment or summarily)—

(a) for a specified offence, or

(b) in respect of specified acts or omissions.

(2) If the Attorney General grants such an indemnity, no proceedings may thereafter be instituted or continued against the person in respect of the offence or the acts or omissions.

(3) Such an indemnity may be granted conditionally or unconditionally.

(4) Such an indemnity may not be granted in respect of a summary offence that is not a prescribed summary offence, unless the Attorney General has consulted the Minister administering the enactment or instrument under which the offence is created.

s 32: Renumbered 2001 No 119, Sch 1 [34].

Undertakings

33 Undertakings

(1) The Attorney General may, if of the opinion that it is appropriate to do so, give to a person an undertaking that—

(a) an answer that is given, or a statement or disclosure that is made, by the person in the course of giving evidence in specified proceedings, or

(b) the fact that the person discloses or produces a document or other thing in specified proceedings,

being proceedings for an offence against a law of the State (whether an indictable offence or a summary offence), will not be used in evidence against the person.

(2) If the Attorney General gives such an undertaking—

(a) an answer that is given, or a statement or disclosure that is made, by the person in the course of giving evidence in the specified proceedings, or

(b) the fact that the person discloses or produces a document or other thing in the specified proceedings,

is not admissible in evidence against the person in any civil or criminal proceedings, other than proceedings in respect of the falsity of evidence given by the person.

(3) Such an undertaking may be given conditionally or unconditionally.

(4) Such an undertaking may not be given in respect of a summary offence that is not a prescribed summary offence, unless the Attorney General has consulted the Minister administering the enactment or instrument under which the offence is created.

ss 33 (previously ss 46, 47): Renumbered 2001 No 119, Sch 1 [34].

Practice as to entering the dock

34 Practice as to entering the dock

The Judge may order the accused person to enter the dock or other place of arraignment or may allow him or her to remain on the floor of the court, and in either case to sit down, as the Judge considers appropriate.

s 34: Renumbered 2001 No 119, Sch 1 [35].

Right to inspect depositions on trial

35 Right to inspect depositions on trial

An accused person is entitled on his or her trial to inspect, without fee, all depositions taken against the person and returned to, or held by, the court before which he or she is on trial.

ss 35 (previously ss 93, 94): Renumbered 2001 No 119, Sch 1 [35].

Representation and appearance

36 Representation and appearance

(1) A prosecutor or accused person may appear personally or by an Australian legal practitioner or other person empowered by an Act or other law to appear for the prosecutor or accused person.

(2) A prosecutor who is a police officer may appear personally or by a person permitted by subsection (1) or by a police prosecutor.

s 36: Ins 2001 No 119, Sch 1 [37]. Am 2006 No 120, Sch 3.7 [1].

36A

Representation and appearance in penalty notice matters

36A Representation and appearance in penalty notice matters

(1) In any criminal proceedings relating to an offence for which a penalty notice was issued under this or any other Act, the prosecutor of the offence may be represented and appear by a police prosecutor.

(2) Nothing in this section—

(a) requires a police prosecutor to represent or appear for any person, or

(b) prevents any person from appearing personally, or being represented and appearing by an Australian legal practitioner or other person empowered by an Act or other law to appear for the person, in any proceedings.

s 36A: Ins 2008 No 40, Sch 2.1.

36B

Disclosures by law enforcement or investigating officers

36B Disclosures by law enforcement or investigating officers

(1) Law enforcement or investigating officers for alleged offences have a duty to disclose to prosecutors of the alleged offences all relevant information, documents or other things obtained during the investigation that might reasonably be expected to assist the case for the prosecution or the case for the accused person.

(2) The duty of disclosure continues until one of the following happens—

(a) the prosecutor decides the accused person will not be prosecuted for the alleged offence,

(b) the prosecution is terminated,

(c) the accused person is convicted or acquitted.

(3) Law enforcement or investigating officers for alleged offences also have a duty to keep the documents or other things referred to in subsection (1) for as long as the duty to disclose them continues under this section.

(4) Subsection (3) does not affect any other legal obligation about the possession of the documents or other things.

(5) The regulations may make provision about the duties of law enforcement or investigating officers under this section, including about—

(a) the recording of information, documents or other things, and

(b) verification of compliance with a duty imposed by this section.

(6) The duty imposed by this section is in addition to any other duties of law enforcement or investigating officers in connection with the investigation and prosecution of offences.

(7) The duty imposed by this section does not require law enforcement or investigating officers to provide the prosecutor with any information, document or other thing (protected material) that—

(a) is the subject of a claim of privilege, public interest immunity or statutory immunity, or

(b) would contravene a statutory publication restriction if provided.

(8) The duty of a law enforcement or investigating officer in relation to protected material is to inform the prosecutor of—

(a) the existence of the material, and

(b) the nature of the material and the claim or publication restriction relating to it.

(9) However, a law enforcement or investigating officer must provide the prosecutor with protected material if the prosecutor requests it be provided.

(10) This section does not impose a duty on a law enforcement or investigating officer to provide information, documents or other things if the prosecutor is the Director of Public Prosecutions.

Note—

The Director of Public Prosecutions Act 1986, section 15A imposes comparable disclosure requirements on law enforcement or investigating officers in relation to the Director of Public Prosecutions.

s 36B: Ins 2022 No 49, Sch 1.1[2].

Conduct of case

37 Conduct of case

(1) The prosecutor’s case may be conducted by the prosecutor or by the prosecutor’s Australian legal practitioner or any other person permitted to appear for the prosecutor (whether under this or any other Act).

(2) The accused person’s case may be conducted by the accused person or by the accused person’s Australian legal practitioner or any other person permitted to appear for the accused person (whether under this or any other Act).

s 37: Ins 2001 No 119, Sch 1 [37]. Am 2006 No 120, Sch 3.7 [4].

Hearing procedures to be as for Supreme Court

38 Hearing procedures to be as for Supreme Court

In any proceedings for an offence (other than in the Supreme Court for an indictable offence), the procedures and practice for the examination and cross-examination of witnesses, and the right to address the court on the case in reply or otherwise, are, as far as practicable, to be conducted in accordance with Supreme Court procedure for the trial of an indictable offence.

ss 38–41: Ins 2001 No 119, Sch 1 [37].

Recording of evidence

39 Recording of evidence

(1) The evidence of each witness in criminal proceedings must be recorded.

(2) Rules may be made for or with respect to the manner in which the evidence may be recorded and the authentication of evidence or of transcripts of evidence given in proceedings.

ss 38–41: Ins 2001 No 119, Sch 1 [37].

Adjournments generally

40 Adjournments generally

(1) A court may at any stage of criminal proceedings adjourn the proceedings generally, or to a specified day, if it appears to the court necessary or advisable to do so.

(2) An adjournment may be in such terms as the court thinks fit.

(3) A matter that is adjourned generally must be listed before the court or a registrar not later than 2 years after the adjournment.

(4) Without limiting subsection (1), a court may, at the request of an accused person, adjourn criminal proceedings if it appears to the court that a variance between any process or document by which the proceedings were commenced and the evidence adduced in respect of the offence charged in that process or document is such that the accused person has been misled by the variance.

ss 38–41: Ins 2001 No 119, Sch 1 [37].

How accused person to be dealt with during adjournment

41 How accused person to be dealt with during adjournment

(1) A court may, if bail is not dispensed with or granted to an accused person for the period of an adjournment, remand the accused person to a correctional centre or other place of security during the adjournment.

(2) The warrant of commitment may be signed by any Judge or authorised officer.

(3) A Judge may at any time, by written notice to the parties, shorten or end an adjournment if the accused person is not in custody.

ss 38–41: Ins 2001 No 119, Sch 1 [37].

Witnesses in mitigation

42 Witnesses in mitigation

(1) After convicting an accused person of an offence, and before passing sentence, the court may summon witnesses and examine them on oath in respect of any matter in mitigation of the offence.

(2) The court may do so on application made by or on behalf of the Crown or by or on behalf of the accused person.

s 42 (previously s 100): Renumbered 2001 No 119, Sch 1 [38].

Restitution of property

43 Restitution of property

(1) In any criminal proceedings in which it is alleged that the accused person has unlawfully acquired or disposed of property, the court may order that the property be restored to such person as appears to the court to be lawfully entitled to its possession.

(2) Such an order may be made whether or not the court finds the person guilty of any offence with respect to the acquisition or disposal of the property.

(3) Such an order may not be made in respect of—

(a) any valuable security given by the accused person in payment of a liability to which the person was subject when the payment was made, or

(b) any negotiable instrument accepted by the accused person as valuable consideration in circumstances in which the person had no notice, or cause to suspect, that the instrument had been dishonestly come by.

s 43: Renumbered 2001 No 119, Sch 1 [39].

When case not to be proceeded with: accused person to be released from custody

44 When case not to be proceeded with: accused person to be released from custody

(1) On deciding that no further proceedings are to be taken with respect to a person who is in custody on remand, whether or not the person has been committed for trial, the Attorney General or Director of Public Prosecutions may cause a certificate to that effect, in the form prescribed by the regulations, to be delivered to the Supreme Court.

(2) On receipt of such a certificate, the Supreme Court may, by order, direct that the person to whom the certificate relates be released from custody.

ss 44 (previously ss 126, 127): Renumbered 2001 No 119, Sch 1 [39].

Application of Chapter and definitions

45 Application of Chapter and definitions

(1) This Chapter applies to or in respect of proceedings for indictable offences (other than indictable offences being dealt with summarily).

(2) In this Chapter—

registrar means, for the purposes of Part 2—

(a) in the case of committal proceedings before a Judge of the Local Court, a registrar of the Local Court, or

(b) in the case of committal proceedings before a Children’s Judge, the Children’s Registrar appointed under the Children’s Court Act 1987.

(3) In this chapter, other than in subsection (2), definition of registrar, a reference to a Judge of the Local Court includes—

(a) a Children’s Judge, and

(b) any other person of a class prescribed by the regulations.

s 45: Ins 2001 No 119, Sch 1 [41]. Am 2007 No 94, Sch 1.28 [3]; 2008 No 107, Sch 29.4 [3]; 2025 No 61, Sch 2.31[4]–[7].

Jurisdiction of courts

46 Jurisdiction of courts

(1) The Supreme Court has jurisdiction in respect of all indictable offences.

(2) The District Court has jurisdiction in respect of all indictable offences, other than such offences as may be prescribed by the regulations for the purposes of this section.

s 46 (previously s 11): Renumbered 2001 No 119, Sch 1 [42].

Division 1

Commencement of proceedings

Division 1 Commencement of proceedings

ch 3, pt 2, div 1: Ins 2001 No 119, Sch 1 [43].

47A

Definition

47A Definition

In this part—

Judge means a Judge of the Local Court.

Note—

A reference to a Judge of the Local Court in this chapter includes a Children’s Judge—see section 45(3).

s 47A: Ins 2025 No 61, Sch 2.31[8].

Commencement of committal proceedings by court attendance notice

47 Commencement of committal proceedings by court attendance notice

(1) Committal proceedings for an offence are to be commenced by the issue and filing of a court attendance notice in accordance with this Division.

(2) A court attendance notice may be issued in respect of a person if the person has committed or is suspected of having committed an offence.

(3) A court attendance notice may be issued in respect of any offence for which proceedings may be taken in this State, including an offence committed elsewhere than in this State.

(4) Nothing in this Part affects any law or practice relating to indictments presented or filed in the Supreme Court or the District Court by the Attorney General or the Director of Public Prosecutions.

(5) If an Act or a statutory rule provides for committal proceedings to be commenced otherwise than by issuing and filing a court attendance notice, the proceedings may be commenced in accordance with this Act.

s 47: Ins 2001 No 119, Sch 1 [43].

Commencement of proceedings by police officer or public officer

48 Commencement of proceedings by police officer or public officer

If a police officer or public officer is authorised under section 14 of this Act or under any other law to commence committal proceedings, the officer may commence committal proceedings for an offence against a person by issuing a court attendance notice and filing the notice in accordance with this Division.

s 48: Ins 2001 No 119, Sch 1 [43]. Am 2006 No 107, Sch 1.11 [2].

Commencement of private prosecutions

49 Commencement of private prosecutions

(1) If a person other than a police officer or public officer is authorised under section 14 of this Act or under any other law to commence committal proceedings against a person for an offence, the person may commence the proceedings by issuing a court attendance notice, signed by a registrar, and filing the notice in accordance with this Division.

(2) A registrar must not sign a court attendance notice if—

(a) the registrar is of the opinion that the notice does not disclose grounds for the proceedings, or

(b) the registrar is of the opinion that the notice is not in the form required by or under this Act, or

(c) the registrar is of the opinion that a ground for refusal set out in the rules applies to the notice.

(3) If a registrar refuses to sign a court attendance notice proposed to be issued by any such person, the question of whether the court attendance notice is to be signed and issued is to be determined by a Judge on application by the person.

s 49: Ins 2001 No 119, Sch 1 [43]. Am 2006 No 107, Sch 1.11 [3]; 2025 No 61, Sch 2.31[9].

Form of court attendance notice

50 Form of court attendance notice

(1) A court attendance notice must be in writing and be in the form prescribed by the rules.

(2) The rules may prescribe one or more forms of court attendance notice.

(3) A court attendance notice must do the following—

(a) describe the offence,

(b) briefly state the particulars of the alleged offence,

(c) contain the name of the prosecutor,

(d) require the accused person to appear before the Judge at a specified date, time and place, unless a warrant is issued for the arrest of the person or the person is refused bail,

(e) state, unless a warrant is issued for the arrest of the person or the person is refused bail, that failure to appear may result in the arrest of the person or in the matter being dealt with in the absence of the person.

(4) The rules may prescribe additional matters to be included in court attendance notices.

(5) A court attendance notice may describe an offence, act or other thing in any way that is sufficient under this Act for the purposes of an indictment or an averment in an indictment.

s 50: Ins 2001 No 119, Sch 1 [43]. Am 2002 No 99, Sch 1.2 [1]; 2025 No 61, Sch 2.31[9].

51

51 (Repealed)

Service of court attendance notices

52 Service of court attendance notices

(1) A court attendance notice issued by a police officer must be served by a police officer or prosecutor in accordance with the rules.

(2) A court attendance notice issued by a public officer must be served by a police officer, public officer or other person prescribed by the rules, in accordance with the rules.

(3) A court attendance notice issued by a person other than a police officer or public officer must be served by a person prescribed by the rules in accordance with the rules.

(4) A copy of a court attendance notice must be filed in the registry of a court in accordance with the rules.

(5) (Repealed)

s 52: Ins 2001 No 119, Sch 1 [43]. Am 2004 No 68, Sch 6 [1] [2]; 2006 No 107, Sch 1.11 [4] [5].

When proceedings commence

53 When proceedings commence

(1) All proceedings are taken to have commenced on the date on which a court attendance notice is filed in the registry of a relevant court in accordance with this Division.

(2) (Repealed)

(3) Nothing in this section affects any other Act or law under which proceedings are taken to have commenced on another date.

s 53: Ins 2001 No 119, Sch 1 [43]. Am 2006 No 107, Sch 1.11 [6].

Attendance of accused person at proceedings

54 Attendance of accused person at proceedings

(1) A person who issues a court attendance notice may, at any time after the notice is issued and before the date on which the accused person is required to first attend before a Judge for the hearing of committal proceedings, apply for a warrant to arrest the accused person.

(2) An authorised officer may, when a court attendance notice is issued by the registrar, or filed in the court, or at any time after then and before the matter is first before a Judge, issue a warrant to arrest the accused person if the authorised officer is satisfied there are substantial reasons to do so and that it is in the interests of justice to do so.

(3) The rules may make provision for or with respect to matters that may be taken into account by an authorised officer in determining whether to issue a warrant under this section.

(3A) If an accused person is not present at the day, time and place set down for the hearing of committal proceedings (including any day to which proceedings are adjourned), or absconds from the committal proceedings, the Judge may issue a warrant to arrest the accused person if the Judge is satisfied there are substantial reasons to do so and that it is in the interests of justice to do so.

(4) A Judge before whom an accused person is brought on arrest on a warrant issued under this section may, if bail is not dispensed with or granted, issue a warrant—

(a) committing the accused person to a correctional centre or other place of security, and

(b) ordering the accused person to be brought before a Judge at the date, time and place specified in the order.

(5) The Judge must give notice of the date, time and place to the prosecutor.

s 54: Ins 2001 No 119, Sch 1 [43]. Am 2002 No 130, Sch 6 [1]; 2025 No 61, Schs 2.31[9], 3.7[1].

Division 2

Committal proceedings generally

Division 2 Committal proceedings generally

ch 3, pt 2, div 2: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3].

Outline of committal proceedings steps

55 Outline of committal proceedings steps

Subject to this Part, the steps for committal proceedings are generally as follows—

(a) committal proceedings are commenced by the issuing and filing of a court attendance notice,

(b) a brief of evidence is served on the accused person by the prosecutor,

(c) a charge certificate setting out the offences that are to be proceeded with is filed in the Local Court and served by the prosecutor on the accused person,

(d) if the accused person is represented, 1 or more case conferences are held by the prosecutor and the legal representative for the accused person,

(e) if the accused person is represented, a case conference certificate is filed in the Local Court,

(f) the accused person pleads guilty or not guilty to each offence being proceeded with and the Judge commits the accused person for trial (if the accused person pleads not guilty) or for sentence (if the accused person pleads guilty).

s 55: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[9].

Judge to conduct committal proceedings

56 Judge to conduct committal proceedings

(1) Committal proceedings are to be conducted by a Judge.

(2) A Judge may fix days for the purpose of taking steps or doing other things in committal proceedings.

s 56: Ins 2001 No 119, Sch 1 [43]. Am 2010 No 135, Sch 12.2 [1]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[9].

Committal proceedings to be heard in open court

57 Committal proceedings to be heard in open court

(1) Committal proceedings are to be heard as if in open court.

(2) This section is subject to any other Act or law.

(3) For the purpose only of facilitating the use of an electronic case management system established under the Electronic Transactions Act 2000 in committal proceedings, the hearing of a matter may be conducted in the absence of the public, with the consent of the parties to the proceedings concerned, if the matter—

(a) arises after the first appearance of the accused person in committal proceedings, and

(b) is of a procedural nature, and

(c) does not require the resolution of a disputed issue, and

(d) does not involve a person giving oral evidence.

s 57: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3].

Application of other procedural provisions to committal proceedings

58 Application of other procedural provisions to committal proceedings

The following provisions of this Act apply, subject to any necessary modifications and to any provision of this Part, to committal proceedings conducted by a Judge in the same way as they apply to proceedings for offences before the Local Court—

(a) sections 30, 36, 37, 38, 39, 40, 41 and 44,

(b) Part 3 (Attendance of witnesses and production of evidence in lower courts) of Chapter 4,

(c) Part 4 (Warrants) of Chapter 4.

s 58: Ins 2001 No 119, Sch 1 [43]. Am 2014 No 5, Sch 2.15 [1]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[10] [11].

Explanation of committal process and discount for guilty plea

59 Explanation of committal process and discount for guilty plea

(1) The Judge in committal proceedings must give the accused person—

(a) if the accused person is not represented by an Australian legal practitioner in the committal proceedings—an oral and written explanation of the following matters—

(i) the committal process under this Part, including charge certification and committal for trial or sentence,

(ii) the scheme under Part 3 of the Crimes (Sentencing Procedure) Act 1999 for the sentence discount that applies in the case of a guilty plea, or

(b) if the accused person is so represented—

(i) a written explanation of the committal process under this Part, including charge certification, case conferences and committal for trial or sentence, and

(ii) an oral and written explanation of the scheme under Part 3 of the Crimes (Sentencing Procedure) Act 1999 for the sentence discount that applies in the case of a guilty plea.

(2) The explanations must be given—

(a) if a case conference is required to be held, after the charge certificate is filed and before the first day on which a case conference is held, or

(b) in any other case, after the charge certificate is filed and before the day on which the accused person is committed for trial or sentence.

(3) The explanations are to include the matters prescribed by the regulations for the purposes of this section.

(4) The Judge is not required to give an explanation of the scheme for the sentence discount in a case concerning an offence under a law of the Commonwealth.

(5) A failure by a Judge to comply with this section does not affect the validity of anything done or omitted to be done by the Judge or any other person in or for the purposes of the committal proceedings.

s 59: Ins 2001 No 119, Sch 1 [43]. Am 2007 No 94, Sch 2. Subst 2017 No 55, Sch 1 [3]. Am 2019 No 20, Sch 1.10[4] [5]; 2025 No 61, Sch 2.31[9].

Application of Drug Court proceedings

60 Application of Drug Court proceedings

An accused person may be dealt with under the Drug Court Act 1998 at any stage of committal proceedings despite any requirement of this Part.

s 60: Ins 2001 No 119, Sch 1 [43]. Am 2014 No 83, Sch 1 [2]. Subst 2017 No 55, Sch 1 [3].

Division 3

Disclosure of evidence

Division 3 Disclosure of evidence

ch 3, pt 2, div 3: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3].

Requirement to disclose evidence

61 Requirement to disclose evidence

(1) The prosecutor must, after the commencement of committal proceedings and on or before any day specified by order by the Judge for that purpose, serve or cause to be served on the accused person a brief of evidence relating to each offence the subject of the proceedings.

(2) This Division is subject to, and does not affect the operation of, section 15A of the Director of Public Prosecutions Act 1986 or any other law or obligation relating to the provision of material to an accused person by a prosecutor.

Note.

Examples of such a law are laws about privilege and immunity in relation to evidence.

s 61: Ins 2001 No 119, Sch 1 [43]. Am 2014 No 5, Sch 2.15 [2]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[9].

Matters to be disclosed in brief of evidence

62 Matters to be disclosed in brief of evidence

(1) The brief of evidence must contain the following—

(a) copies of all material obtained by the prosecution that forms the basis of the prosecution’s case,

(b) copies of any other material obtained by the prosecution that is reasonably capable of being relevant to the case for the accused person,

(c) copies of any other material obtained by the prosecution that would affect the strength of the prosecution’s case.

(2) The material contained in the brief of evidence may be, but is not required to be, in the form required under Part 3A of Chapter 6 or in any particular form otherwise required for the material to be admissible as evidence.

(3) The regulations may specify requirements for material included in a brief of evidence.

(4) The Minister is to consult with the Minister for Police before a regulation is made under subsection (3).

ss 62–64: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3].

Additional material to be disclosed

63 Additional material to be disclosed

(1) The prosecutor must serve or cause to be served on the accused person copies of material obtained by the prosecutor and not included in the brief of evidence, if the material is of a kind required to be included in the brief of evidence.

(2) The prosecutor must serve or cause the material to be served as soon as practicable after it is obtained by the prosecutor.

ss 62–64: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3].

Exceptions to requirement to provide copies of material

64 Exceptions to requirement to provide copies of material

(1) The prosecutor is not required to include a copy of a thing required to be provided under this Division, or to serve or cause it to be served, if—

(a) it is impossible or impractical to copy the thing, or

(b) the accused person agrees to inspect the thing in accordance with this section.

(2) However, in that case the prosecutor is—

(a) to serve or caused to be served on the accused person a notice specifying a reasonable time and place at which the thing may be inspected or other reasonable means by which the thing is to be provided for inspection, and

(b) to allow the accused person a reasonable opportunity to inspect each thing referred to in the notice.

ss 62–64: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3].

Division 4

Charge certificates

Division 4 Charge certificates

ch 3, pt 2, div 4: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3].

Prosecutors who may exercise charge certificate and case conference functions

65 Prosecutors who may exercise charge certificate and case conference functions

The functions of a prosecutor under this Division and Division 5 (which relates to case conferences) may be exercised only by the following persons—

(a) the Director of Public Prosecutions or the Attorney General,

(b) in the case of committal proceedings to which this Division applies because of section 79 of the Judiciary Act 1903 of the Commonwealth, any of the following—

(i) a person holding an equivalent office under the Commonwealth,

(ii) a special prosecutor appointed under an Act of the Commonwealth,

(iii) a person authorised under Commonwealth legislation to exercise the functions of a person referred to in subparagraph (i) or (ii),

(iv) a person authorised by an arrangement made with a person referred to in subparagraph (i) or (ii) to exercise the functions of that person,

(c) a legal representative of a person referred to in paragraph (a) or (b),

(d) any other person prescribed by the regulations for the purposes of this section.

Note.

The effect of this provision is to prevent any other person from being able to complete the steps required to be taken by a prosecutor for the committal proceedings that are set out in Divisions 4 and 5 of this Part.

s 65: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3].

Charge certificates

66 Charge certificates

(1) A charge certificate is a document in the form prescribed by the regulations and signed by the prosecutor that—

(a) relates to the offences specified in a court attendance notice for the committal proceedings, and

(b) specifies the offences that are to be the subject of the proceedings against the accused person, and

(c) sets out the details of each of those offences in a way that is sufficient under this Act for the purposes of an indictment or an averment in an indictment, and

(d) specifies any back up or related offences (within the meaning of section 165) that are proposed to be the subject of a certificate under section 166 (1) relating to charges against the accused person, and

(e) if applicable, confirms that proceedings against the accused person for other specified offences are no longer being proceeded with, and

(f) contains any other matters prescribed by the regulations for the purposes of this section.

(2) The prosecutor must certify in the certificate that—

(a) the evidence available to the prosecutor is capable of establishing each element of the offences that are to be the subject of the proceedings against the accused person, and

(b) for an alleged offence for which there are duties of disclosure under the Director of Public Prosecutions Act 1986, section 15A—the prosecutor has received and considered verification of compliance about the duties, and

(c) for an alleged offence for which there are duties of disclosure under section 36B—the prosecutor has received and considered verification of compliance about the duties.

(2A) (Repealed)

(3) Subsections (1) and (2) do not limit the matters that may be included by the regulations in the prescribed form of charge certificate.

s 66: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3]. Am 2019 No 10, Sch 1.9 [1] [2]; 2022 No 49, Sch 1.1[3] [4].

Charge certificate must be filed

67 Charge certificate must be filed

(1) A charge certificate must be filed by the prosecutor in the registry of the Local Court, and served or caused to be served on the accused person, not later than the day set by order by the Judge.

(2) The day must—

(a) be set after the service of the brief of evidence in the committal proceedings, and

(b) be not later than 6 months after the first return date for a court attendance notice in the committal proceedings.

Note.

The first court appearance required by the court attendance notice may be before a registrar exercising certain functions of the court pursuant to rules of the court, or the functions of an authorised justice under the Bail Act 2013.

(3) However, the Judge may set a day for the filing of a charge certificate that is later than 6 months after the first return date for a court attendance notice in the committal proceedings—

(a) with the consent of the accused person, or

(b) if it is in the interests of justice to do so.

(4) In determining whether or not it is in the interests of justice to set a later day, the Judge is to consider the complexity of the matters the subject of the proceedings. This subsection does not limit the matters that may be considered by the Judge.

(5) If the prosecutor determines that an offence other than an offence specified in the charge certificate filed by the prosecutor is to be the subject of the proceedings against the accused person, the prosecutor must file in the registry of the Local Court, and serve or cause to be served on the accused person, an amended charge certificate before the accused person is committed for trial or sentence.

s 67: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3]. Am 2019 No 20, Sch 1.10[6]; 2025 No 61, Sch 2.31[9].

Failure to file charge certificate

68 Failure to file charge certificate

(1) This section applies if the prosecutor fails to file and serve, or cause to be served, a charge certificate before—

(a) the day that is 6 months after the first return date for a court attendance notice in the committal proceedings, or

(b) any later day set by the Judge for doing those things.

(2) The Judge must—

(a) discharge the accused person as to any offence the subject of the committal proceedings, or

(b) if the Judge thinks it appropriate in the circumstances of the case, adjourn the committal proceedings to a specified time and place.

(3) In determining what action to take, the Judge is to consider the interests of justice.

(4) If a warrant has been issued for the arrest of the accused person as a result of a failure to appear at the committal proceedings—

(a) a Judge is not required to take any action under this section until the accused person is brought before the Judge, and

(b) the period of 6 months specified in subsection (1) (a) is taken to be extended by the number of days between the issue of the warrant and the day the accused person is so brought before the Judge.

Note.

The Judge may extend the time for filing a charge certificate at any time under section 67.

s 68: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[9].

Division 5

Case conferences

Division 5 Case conferences

ch 3, pt 2, div 5: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3].

Exceptions to requirements for case conference procedures

69 Exceptions to requirements for case conference procedures

This Division does not apply to an accused person in committal proceedings if the accused person—

(a) is not, or ceases to be, represented by an Australian legal practitioner, or

(b) pleads guilty to each offence that is being proceeded with and the pleas are accepted by the Judge before a case conference is held, or

(c) is committed for trial under Division 7.

s 69: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[9].

Case conferences to be held

70 Case conferences to be held

(1) A case conference is to be held in accordance with this Division.

(2) The principal objective of the case conference is to determine whether there are any offences to which the accused person is willing to plead guilty.

(3) A case conference may also be used to achieve the following objectives—

(a) to facilitate the provision of additional material or other information which may be reasonably necessary to enable the accused person to determine whether or not to plead guilty to 1 or more offences,

(b) to facilitate the resolution of other issues relating to the proceedings against the accused person, including identifying key issues for the trial of the accused person and any agreed or disputed facts.

(4) The case conference is to be held after the filing of the charge certificate by the prosecutor.

(5) More than one case conference may be held.

(6) A further case conference may be, but is not required to be, held after the filing of an amended charge certificate by the prosecutor.

s 70: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3].

Case conference procedures

71 Case conference procedures

(1) A case conference is to be held between the prosecutor and the accused person’s legal representative in the committal proceedings.

(2) The initial case conference for the purposes of this Division must be held in person or by audio visual link. Any subsequent case conference may also be held by telephone.

(3) The Judge may order that an initial case conference be held by telephone if the Judge is satisfied that there are exceptional circumstances that make it impracticable to hold the conference in person or by audio visual link.

(4) The regulations may make provision for or with respect to case conferences, including the attendance of the accused person at a case conference.

(5) In this section—

audio visual link means facilities (including closed-circuit television or other electronic means of communication) that enable audio and visual communication between persons at different places.

s 71: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[9].

Obligations of legal representative of accused

72 Obligations of legal representative of accused

(1) The accused person’s legal representative is to seek to obtain the accused person’s instructions concerning the matters to be dealt with in the case conference before participating in the case conference.

(2) The accused person’s legal representative must explain the following matters to the accused person before the case conference certificate is completed—

(a) the effect of the scheme for the sentencing discount applied under Part 3 of the Crimes (Sentencing Procedure) Act 1999 for a plea of guilty to an offence,

(b) the penalties applicable to the offences certified in the charge certificate and to any other offences the subject of offers made by the accused or the prosecutor in the committal proceedings,

(c) the effect on the applicable penalty if the accused person were to plead guilty to any offence at different stages of proceedings for the offence.

(3) Subsection (2) applies only in respect of an offence to which Division 1A of Part 3 of the Crimes (Sentencing Procedure) Act 1999 applies.

s 72: Ins 2001 No 119, Sch 1 [43]. Am 2006 No 120, Sch 3.7 [1]. Subst 2017 No 55, Sch 1 [3]. Am 2019 No 10, Sch 1.9 [3].

Joint accused

73 Joint accused

(1) If the accused person has been charged jointly with any other person with the offence concerned, a separate case conference is to be held for each of the co-accused. However, a joint case conference may be held for 2 or more co-accused with the consent of the prosecutor and each of the co-accused.

(2) A joint case conference may be held only if a charge certificate has been filed for each of the co-accused.

s 73: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3].

Case conference certificate must be completed and filed

74 Case conference certificate must be completed and filed

(1) The Judge is to make an order setting the day on or before which the case conference certificate is to be filed.

(2) If more than 1 case conference is held, the case conference certificate is to be filed after all the case conferences are completed.

(3) The prosecutor and the legal representative of the accused person must ensure that a case conference certificate that complies with this Division is completed and signed on or before the day set by the Judge for filing the certificate.

(4) The prosecutor must ensure that the case conference certificate is filed on or before the day set by the Judge.

(5) A prosecutor or legal representative of an accused person is not required to comply with this section if all the offences to which the proceedings relate—

(a) are to be dealt with summarily, or

(b) are, for any other reason, not proceeding for committal by the Judge of the accused person for trial or sentence.

s 74: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3]. Am 2018 No 25, Sch 1.7; 2019 No 10, Sch 1.9 [4]; 2025 No 61, Sch 2.31[9].

Contents of case conference certificate

75 Contents of case conference certificate

(1) The case conference certificate is to be in the form prescribed by the regulations and is to certify as to the following matters—

(a) the offence or offences with which the accused person had been charged before the case conference and which the prosecution had specified in the charge certificate as offences that will be proceeding or are the subject of a certificate under section 166,

(b) any offers by the accused person to plead guilty to an offence specified in the charge certificate or to different offences,

(c) any offers by the prosecution to the accused person to accept guilty pleas to an offence specified in the charge certificate or to different offences,

(d) whether the accused person or prosecution has accepted or rejected any such offers,

(e) the offence or offences for which the prosecution will seek committal for trial or sentence,

(f) any back up or related offence or offences (within the meaning of section 165) that are proposed to be the subject of a certificate under section 166 (1) relating to charges against the accused person,

(g) if an offer made to or by the accused person to plead guilty to an offence has been accepted—details of the agreed facts on the basis of which the accused person is pleading guilty and details of the facts (if any) in dispute,

(h) any offences with which the accused person has been charged to which the accused person has offered to plead guilty and agreed to ask the court to take into account under section 33 of the Crimes (Sentencing Procedure) Act 1999,

(i) whether or not the prosecutor has notified the accused person of an intention to make a submission to the sentencing court that the discount for a guilty plea should not apply or should be reduced in relation to a particular offence with which the accused person is charged,

(j) any other matters prescribed by the regulations for the purposes of this section.

(2) A case conference certificate must also contain—

(a) a declaration by the legal representative of the accused person that the legal representative has explained to the accused person the matters specified in section 72 (2), and

(b) if the accused person does not intend to plead guilty to an offence, a declaration by the accused person that the legal representative has explained to the accused person the matters specified in section 72 (2).

(3) A failure by an accused person to make a declaration under this section does not affect the validity of anything done or omitted to be done by any other person in or for the purposes of the committal proceedings.

(4) A case conference certificate must certify as to all the matters of the kind referred to in subsection (1) that occur before the certificate is filed, including any written offers of a kind referred to in subsection (1) that were made by the accused person or the prosecutor, and served on the prosecutor or accused person, before or after any case conference was held.

s 75: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3].

Failure to complete case conference obligations

76 Failure to complete case conference obligations

(1) This section applies where the Judge is satisfied that a case conference certificate has not been filed by the day set by the Judge.

(2) If a Judge is satisfied that the case conference certificate has not been filed because of an unreasonable failure by the prosecutor to participate in a case conference or to complete or file a case conference certificate, the Judge may—

(a) discharge the accused person as to any offence the subject of the committal proceedings, or

(b) adjourn the committal proceedings to a specified time and place.

(3) If a Judge is satisfied that the case conference certificate has not been filed because of an unreasonable failure by the legal representative of the accused person to participate in a case conference or complete a case conference certificate, the Judge may—

(a) commit the accused person for trial or sentence as if a case conference were not required to be held, or

(b) adjourn the committal proceedings to a specified time and place.

(4) In determining whether to take action under this section, the Judge is to consider the interests of justice.

(5) This section does not apply if the case conference certificate has not been filed in the circumstances set out in section 74(5).

s 76: Ins 2001 No 119, Sch 1 [43]. Am 2006 No 107, Sch 1.11 [7]. Subst 2007 No 6, Sch 1 [1]. Am 2008 No 74, Sch 2 [1]; 2009 No 56, Sch 3.3 [1]; 2014 No 83, Sch 1 [3]. Subst 2017 No 55, Sch 1 [3]. Am 2019 No 10, Sch 1.9 [5]; 2025 No 61, Sch 2.31[9].

s 76A: Ins 2014 No 83, Sch 1 [4]. Rep 2017 No 55, Sch 1 [3].

Further offers

77 Further offers

(1) This section applies to an offer (a plea offer) if—

(a) the offer is made by the accused person or the prosecutor after the filing of the case conference certificate in committal proceedings, and before the accused person is committed for trial or sentence, and

(b) the offer is an offer of a kind that would have been required to be included in a case conference certificate if it had been made before the filing of the certificate, and

(c) the offer is made in writing and served on the other party, and

(d) the offer is filed in the registry of the Local Court.

(2) A plea offer is, for all purposes, to be treated as if it formed part of the case conference certificate.

(3) A plea offer is to be annexed to the case conference certificate in the committal proceedings.

s 77: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3].

Case conference certificate and other evidence not admissible in other proceedings

78 Case conference certificate and other evidence not admissible in other proceedings

(1) Case conference material is not admissible in any proceedings before a court, tribunal or body.

(2) However, a case conference certificate is not inadmissible in the following proceedings—

(a) in relevant sentencing proceedings in accordance with Part 3 of the Crimes (Sentencing Procedure) Act 1999,

(b) in relevant sentencing proceedings for an offence under Commonwealth law,

(c) in proceedings for an appeal against a sentence under the Criminal Appeal Act 1912,

(d) in proceedings for an appeal under the Crimes (Appeal and Review) Act 2001 on a question of law arising from an order made by a Judge in committal proceedings or an appeal under section 5 or Division 2 or 3 of Part 7 of that Act,

(e) in proceedings after committal for sentence relating to an application by the accused person to reverse the person’s plea to not guilty,

(f) in proceedings brought by a designated local regulatory authority against a lawyer under section 300 of the Legal Profession Uniform Law (NSW).

(3) Any part of a case conference certificate cannot be required to be produced under a subpoena or request issued in any proceedings before any court, tribunal or body (other than in proceedings referred to in subsection (2)).

(4) A sentencing court or a court determining an appeal against a sentence must refuse to admit evidence of any case conference certificate if any provisions of this Part with respect to the holding of the conference or the preparation of the certificate have not been complied with, unless it is satisfied that it is in the interests of justice to admit the evidence.

(5) In this section—

case conference material means—

(a) a case conference certificate, or

(b) evidence of anything said between the parties, or of any admission made, during a case conference, or

(c) evidence of anything said between the parties, or of any admission made, during negotiations after a case conference concerning a plea to be made by, or offers made to or by, an accused person.

s 78: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[9].

Confidentiality of case conference certificate matters

79 Confidentiality of case conference certificate matters

The matters that are specified in a case conference certificate are to be treated as confidential.

Note.

Matters in a plea offer are taken to be part of a case conference certificate (see section 77).

s 79: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3].

s 79A: Ins 2014 No 83, Sch 1 [5]. Rep 2017 No 55, Sch 1 [3].

Prohibition on publication of case conference material

80 Prohibition on publication of case conference material

(1) A person must not publish, or permit a person to publish, any case conference material.

Maximum penalty—

(a) in the case of an individual—20 penalty units, or

(b) in the case of a body corporate—100 penalty units.

(2) In this section—

publish means disseminate or provide public access to one or more persons by means of the internet, radio, television or other media.

s 80: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3].

Certain matters not taken to be pre-trial disclosures

81 Certain matters not taken to be pre-trial disclosures

The disclosure of any information during or in relation to a case conference held for the purposes of this Division or a plea offer is not, for the purposes of section 22A of the Crimes (Sentencing Procedure) Act 1999, a pre-trial disclosure.

Note.

Section 22A of the Crimes (Sentencing Procedure) Act 1999 enables a court to impose a lesser penalty than it would otherwise impose on an offender who was tried on indictment, having regard to the degree to which the defence made pre-trial disclosures.

s 81: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3].

Division 6

Examination of prosecution witnesses

Division 6 Examination of prosecution witnesses

ch 3, pt 2, div 6, hdg: Ins 2017 No 55, Sch 1 [3].

Judge may direct witness to attend

82 Judge may direct witness to attend

(1) The Judge may, on the application of the prosecutor or the accused person, direct the attendance at the committal proceedings of a person whose evidence is referred to in the brief of evidence provided under Division 3 or who has been referred to in other material provided by the prosecution to the accused person.

(2) The Judge may hold a hearing to determine an application under this section and may require the prosecutor or the accused person to make submissions in relation to the application.

(3) An application may be made only after the charge certificate has been filed in the committal proceedings.

(4) The Judge must give the direction if an application is made by the accused person or the prosecutor and the other party consents to the direction being given.

(5) In the case of any other application, the Judge may give a direction only if satisfied that there are substantial reasons why, in the interests of justice, the witness should attend to give oral evidence. The regulations may make provision for or with respect to the determination of substantial reasons under this subsection.

(6) For the purposes of determining whether to give a direction, the Judge may consider any material (whether or not it is in a form required for the material to be admissible as evidence).

(7) A direction may be withdrawn only—

(a) on the application, or with the consent, of the accused person, or

(b) on the application of the prosecutor, if the accused person fails to appear on a day at which a person has been directed to appear to give evidence.

s 82: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[9].

Witnesses who cannot be directed to attend

83 Witnesses who cannot be directed to attend

(1) A direction may not be given so as to require the attendance of the complainant in committal proceedings for a prescribed sexual offence if the complainant is a cognitively impaired person (within the meaning of Part 6 of Chapter 6).

(2) A direction may not be given so as to require the attendance of the complainant in committal proceedings for a child sexual assault offence if the complainant—

(a) was under the age of 16 years—

(i) on the earliest date on which, or

(ii) at the beginning of the earliest period during which,

any child sexual assault offence to which the proceedings relate was allegedly committed, and

(b) is currently under the age of 18 years.

(3) For the purposes of subsection (2)—

child sexual assault offence means—

(a) a prescribed sexual offence, or

(b) an offence that, at the time it was committed, was a child sexual assault offence for the purposes of subsection (2), or

(c) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraph (a) or (b), or

(d) an offence under any law of the Commonwealth that corresponds to an offence referred to in paragraph (a), (b) or (c) and that is prescribed by the regulations.

complainant, in relation to any proceedings, means the person, or any of the persons, against whom a prescribed sexual offence with which the accused person stands charged in those proceedings is alleged to have been committed, and includes—

(a) in relation to an offence under section 80E of the Crimes Act 1900, the person who is alleged to have been the subject of sexual servitude, and

(b) in relation to an offence under section 91D, 91E or 91F of the Crimes Act 1900, the person under the age of 18 years who is alleged to have participated in an act of child prostitution, and

(c) in relation to an offence under section 91G of the Crimes Act 1900, the person under the age of 18 years who is alleged to have been used for the production of child abuse material, and

(d) in relation to an offence under any law of the Commonwealth that corresponds to an offence referred to in paragraph (a), (b) or (c) and that is prescribed by the regulations—the person referred to in the relevant paragraph.

s 83: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3]. Am 2018 No 88, Sch 5 [2] [3].

Victim witnesses, sexual offence witnesses and vulnerable witnesses generally not to be directed to attend

84 Victim witnesses, sexual offence witnesses and vulnerable witnesses generally not to be directed to attend

(1) A direction may not be given so as to direct the attendance of an alleged victim of an offence involving violence that is the subject of the committal proceedings (even if the parties to the proceedings consent to the attendance) unless the Judge is satisfied that there are special reasons why the alleged victim should, in the interests of justice, attend to give oral evidence.

(1A) In committal proceedings for an offence involving violence, a direction may not be given so as to direct a vulnerable person whose evidence is referred to in the brief of evidence to give evidence orally unless—

(a) the Judge is satisfied that there are special reasons why the vulnerable person should, in the interests of justice, attend to give evidence, or

(b) the prosecutor consents.

(1B) In committal proceedings for a prescribed sexual offence, a direction may not be given so as to direct the attendance of a sexual offence witness (even if the parties to the proceedings consent to the attendance) unless the Judge is satisfied that there are special reasons why the sexual offence witness should, in the interests of justice, attend to give evidence.

(2) The regulations may make provision for or with respect to the determination of special reasons under this section.

(3) The following offences are offences involving violence for the purposes of this section—

(a) a prescribed sexual offence,

(b) an offence under sections 27–30 of the Crimes Act 1900 (attempts to murder),

(c) an offence under section 33 of the Crimes Act 1900 (wounding etc with intent to do grievous bodily harm or resist arrest),

(d) an offence under section 35 (1) or (2) of the Crimes Act 1900 (infliction of grievous bodily harm),

(e) an offence under sections 86–91 of the Crimes Act 1900 (abduction or kidnapping),

(f) an offence under sections 94–98 of the Crimes Act 1900 (robbery),

(g) an offence the elements of which include the commission of, or an intention to commit, an offence referred to in any of the above paragraphs,

(h) an offence that, at the time it was committed, was an offence involving violence for the purposes of this section,

(h1) an offence under any law of the Commonwealth that corresponds to an offence referred to in paragraph (a)–(h) and that is prescribed by the regulations,

(i) any other offence that involves an act of actual or threatened violence and that is prescribed by the regulations for the purposes of this section.

(4) An offence that may be dealt with summarily under Chapter 5 is not an offence involving violence for the purposes of this section.

(5) Despite section 85 (4), the Judge must not allow a person who is an alleged victim of an offence involving violence to be cross-examined in respect of matters that were not the basis of the reasons for giving the direction, unless the Judge is satisfied that there are special reasons why, in the interests of justice, the person should be cross-examined in respect of those matters.

s 84: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3]. Am 2018 No 88, Sch 5 [4]–[6]; 2025 No 61, Sch 2.31[9].

Evidence of prosecution witness

85 Evidence of prosecution witness

(1) The evidence of a person who is directed to attend committal proceedings under this Division is to be given orally.

(2) The person may be examined by the prosecutor.

(3) The person may be cross-examined by the accused person and by the prosecutor.

(4) The Judge must not allow the person to be cross-examined in respect of matters that were not the basis of the reasons for giving the direction, unless the Judge is satisfied that there are substantial reasons why, in the interests of justice, the person should be examined in respect of those matters.

s 85: Ins 2001 No 119, Sch 1 [43]. Am 2014 No 83, Sch 1 [6]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[9].

Exceptions to oral evidence

86 Exceptions to oral evidence

(1) The evidence of a person who is directed to attend committal proceedings under this Division may be given by a written statement, or another kind of statement permitted to be tendered under Part 3A of Chapter 6, if—

(a) the accused person and the prosecutor consent to the statement being admitted, or

(b) the Judge is satisfied that there are substantial reasons why, in the interests of justice, the evidence should be given by a statement.

Note.

Sections 283C and 283D enable the use of recordings instead of written statements in the cases of witnesses who are vulnerable persons or in the case of domestic violence offences. Section 283G enables certain transcripts of evidence in other proceedings to be used instead of written statements.

(2) The evidence of a person who is directed to attend committal proceedings under this Division may be given by a recorded statement in the circumstances permitted under Part 4B of Chapter 6.

(3) This section has effect despite section 85.

s 86: Ins 2001 No 119, Sch 1 [43]. Am 2006 No 107, Sch 1.11 [8]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[9].

Evidence to be taken in presence of accused person

87 Evidence to be taken in presence of accused person

(1) The accused person must be present when evidence is taken under this Division, unless this Act or any other law permits the evidence to be taken in the accused person’s absence.

(2) The Judge may excuse the accused person from attending during the taking of evidence if satisfied that the accused person will be represented by an Australian legal practitioner while the evidence is taken or if satisfied that the evidence is not applicable to the accused person.

(3) A period during which the accused person is so excused is taken to be an adjournment for the purposes of dealing with the accused person.

(4) Evidence may commence or continue to be taken in the absence of an accused person who has not been excused from attending if—

(a) no good and proper reason is shown for the absence of the accused person, and

(b) a copy of all relevant written statements, and copies of any proposed exhibits identified in the statements (or a notice relating to inspection of them), have been served on the accused person in accordance with this Part and the accused person has been informed of the time set by the Judge for taking of the evidence.

s 87: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[9].

Evidentiary effect of statements

88 Evidentiary effect of statements

(1) A written statement, or any other kind of statement permitted to be tendered under Part 3A of Chapter 6, is, if tendered by the prosecutor in accordance with this Division, admissible as evidence for the purposes of this Division to the same extent as if it were oral evidence to the like effect given under this Division by the same person.

(2) Any document or other thing identified in any statement admitted as evidence under this Division is, if the document or other thing is produced as an exhibit in the committal proceedings, to be treated as if it had been identified before the Judge by the person who made the statement.

(3) This section does not operate to make a statement admissible if it is not admissible because of another provision made by or under this Division.

s 88: Ins 2001 No 119, Sch 1 [43]. Am 2002 No 99, Sch 1.2 [3]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[9].

Statements must comply with requirements

89 Statements must comply with requirements

(1) A written statement, or another kind of statement permitted to be tendered under Part 3A of Chapter 6, is not admissible as evidence for the purposes of this Division unless this Division, and any applicable requirements specified by or under that Part, are complied with in relation to the statement and any associated exhibits or documents.

(2) A statement that is not admissible as evidence under this section may nevertheless be admitted as evidence if otherwise admissible in accordance with any rule or law of evidence.

(3) A statement sought to be admitted for the purposes of this Division must be served on the accused person on or before the day set by the Judge for that purpose.

s 89: Ins 2001 No 119, Sch 1 [43]. Am 2006 No 120, Sch 3.7 [5]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[9].

Evidence not to be admitted

90 Evidence not to be admitted

(1) The Judge must refuse to admit evidence sought to be adduced by the prosecutor under this Division if, in relation to that evidence, this Division or any applicable requirements specified by or under Part 3A of Chapter 6, have not been complied with by the prosecutor.

(2) Despite subsection (1), the Judge may admit the evidence sought to be adduced if the Judge is satisfied that—

(a) the non-compliance is trivial in nature, or

(b) there are other good reasons to excuse the non-compliance, and admit the evidence, in the circumstances of the case.

s 90: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[9].

Judge may set aside requirements for statements

91 Judge may set aside requirements for statements

(1) In any committal proceedings, the Judge may dispense with all or any of the following requirements relating to statements or exhibits—

(a) service of documents on the accused person,

(b) provision to the accused person of a reasonable opportunity to inspect proposed exhibits,

(c) specification of the age of the person who made a statement,

(d) any requirement specified by the regulations under this Division or Part 3A of Chapter 6, if the regulations do not prohibit the Judge from dispensing with the requirement.

(2) A requirement may be dispensed with under this section only on an application by the accused person or with the consent of the accused person.

Note.

Some of these requirements are made by or under Part 3A of Chapter 6.

s 91: Ins 2001 No 119, Sch 1 [43]. Am 2003 No 27, Sch 8 [2]; 2003 No 40, Sch 1.10 [3]; 2005 No 25, Sch 1 [2]; 2006 No 88, Sch 1 [1] [2]; 2006 No 107, Sch 1.11 [9]–[11]; 2007 No 6, Sch 1 [2]; 2008 No 74, Sch 2 [2]; 2010 No 9, Sch 2 [1]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[9].

False statements or representations

92 False statements or representations

(1) A person who made a written statement tendered in committal proceedings under this Division is guilty of an offence if the statement contains any matter—

(a) that, at the time the statement was made, the person knew to be false, or did not believe to be true, in any material respect, and

(b) that was inserted or caused to be inserted by the person in the statement.

Maximum penalty—100 penalty units or imprisonment for 5 years, or both.

(2) A person who made a representation given in evidence under this Division in the form of a recorded statement is guilty of an offence if the representation contains any matter that, at the time the representation was made, the person knew to be false, or did not believe to be true, in any material respect.

Maximum penalty—100 penalty units or imprisonment for 5 years, or both.

s 92: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3].

Division 7

Committal for trial where unfitness to be tried raised

Division 7 Committal for trial where unfitness to be tried raised

ch 3, pt 2, div 7, hdg: Ins 2017 No 55, Sch 1 [3].

Committal for trial where unfitness to be tried raised

93 Committal for trial where unfitness to be tried raised

(1) The Judge may commit an accused person for trial for an offence if—

(a) the question of the person’s unfitness to be tried for the offence is raised by the accused person, the prosecutor or the Judge, and

(b) if the question is raised by the accused person or the prosecutor, the Judge is satisfied that it has been raised in good faith.

(2) The question of the person’s unfitness to be tried for an offence may be raised at any time in the committal proceedings.

(3) The Judge may require a psychiatric or other report relating to the accused person to be supplied to the Judge by the accused person or the prosecutor before committing a person for trial under this section.

s 93: Ins 2001 No 119, Sch 1 [43]. Am 2006 No 88, Sch 1 [3]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[9].

Committal may take place after charge certification

94 Committal may take place after charge certification

The Judge may commit an accused person for trial under this Division only—

(a) if the charge certificate has been filed under Division 4 and a case conference is not required to be held in the committal proceedings, or

(b) if the charge certificate has been filed under Division 4 and a case conference has not yet been held in the committal proceedings, or

(c) if the case conference certificate for the proceedings has been filed in the committal proceedings.

s 94: Ins 2001 No 119, Sch 1 [43]. Am 2010 No 88, Sch 2 [1]; 2012 No 95, Sch 1.7. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[9].

Division 8

Committal for trial or sentence

Division 8 Committal for trial or sentence

ch 3, pt 2, div 8, hdg: Ins 2017 No 55, Sch 1 [3].

Committal timing generally

95 Committal timing generally

(1) The Judge in committal proceedings is to commit the accused person for trial or sentence—

(a) after the case conference certificate is filed under Division 5, or

(b) if a case conference is not required to be held in the proceedings, after the charge certificate is filed under Division 4.

Note.

The Judge may, at any time, adjourn the proceedings where it appears to the Judge to be necessary or advisable to do so (see sections 40 and 58 (a)).

(2) Despite subsection (1), a Judge may commit an accused person for sentence—

(a) before a charge certificate is filed, if the prosecutor required to file the charge certificate advises the Judge that the prosecutor consents to the accused person being committed for sentence for that offence, or

(b) if a charge certificate has been filed but no case conference has yet been held.

(3) This section does not prevent the Judge from committing an accused person for trial under Division 7.

(4) Before committing an accused person under this section, the Judge must ascertain whether or not the accused person pleads guilty to the offences that are being proceeded with.

s 95: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[9].

Committal for trial

96 Committal for trial

(1) The Judge must commit an accused person for trial for an offence unless the Judge accepts a plea of guilty to the offence by the accused person.

(2) In the case of an accused person that is a corporation that is to be committed for trial, the Judge is to make an order authorising an indictment to be filed for the offence named in the order or for such other offence as the Attorney General or the Director of Public Prosecutions considers proper.

s 96: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[9].

Guilty pleas and committal for sentence

97 Guilty pleas and committal for sentence

(1) An accused person may at any time in committal proceedings plead guilty to an offence.

(2) The Judge may accept or reject a guilty plea.

(3) The Judge must not accept a guilty plea before the time at which an accused person may be committed for sentence under section 95.

(4) Rejection of a guilty plea does not prevent an accused person from pleading guilty at a later stage in the committal proceedings.

(5) If the guilty plea is rejected by the Judge, the committal proceedings continue as if the accused person had not pleaded guilty.

(6) If the guilty plea is accepted, the Judge must commit the accused person to the District Court or the Supreme Court for sentence.

s 97: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[9].

Committal of unrepresented persons

98 Committal of unrepresented persons

If an accused person is not represented by an Australian legal practitioner, the Judge must not commit the accused person for trial or sentence unless the Judge is satisfied that the accused person has had a reasonable opportunity to obtain legal representation for, or legal advice about, the committal proceedings.

s 98: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[9].

Attorney General or Director of Public Prosecutions may direct that no further proceedings be taken

99 Attorney General or Director of Public Prosecutions may direct that no further proceedings be taken

(1) If a guilty plea is accepted under this Part, the Attorney General or the Director of Public Prosecutions may, at their discretion, direct in writing that no further proceedings be taken against the accused person under this Part for the offence concerned.

(2) No further proceedings may be taken against the accused person under this Part for the offence if a direction is given.

Note.

Section 44 requires the release of the accused person once a certificate is delivered to the Supreme Court after a direction is given.

s 99: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3].

Division 9

Procedure on committal

Division 9 Procedure on committal

ch 3, pt 2, div 9, hdg: Ins 2017 No 55, Sch 1 [3].

100

Procedure applicable after committal for sentence

100 Procedure applicable after committal for sentence

(1) All proceedings (whether under this or any other Act) relating to a committal for trial apply, so far as practicable, to a committal of an accused person after a guilty plea is accepted.

(2) For the purposes of the venue or change of venue of consequent proceedings, a committal is taken to be a committal for trial.

ss 100: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3].

101

Higher court may refer accused person back to Judge of the Local Court

101 Higher court may refer accused person back to Judge of the Local Court

(1) A Judge of the District Court or the Supreme Court before whom an accused person is brought under section 97 (6) may order that the committal proceedings be continued before a Judge of the Local Court if—

(a) it appears to the Judge of the District Court or the Supreme Court from the information or evidence given to or before the Judge that the facts in respect of which a court attendance notice was issued do not support the offence to which the accused person pleaded guilty, or

(b) the prosecutor requests the order be made, or

(c) for any other reason, the Judge of the District Court or the Supreme Court thinks fit to do so.

(2) On the resumption of the committal proceedings, the proceedings continue as if the person had not pleaded guilty.

s 101: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[2] [12] [13].

102

Disposal of proceedings by higher court

102 Disposal of proceedings by higher court

(1) The District Court or the Supreme Court may, on the basis of a court attendance notice, indictment or charge certificate, proceed to sentence or otherwise deal with an accused person brought before the Court under section 97 as if the accused person had on arraignment at any sittings of the Court pleaded guilty to the offence on an indictment filed or presented by the Attorney General or the Director of Public Prosecutions.

(2) An accused person who is sentenced or otherwise dealt with under this section is for the purposes of any Act or law (whether enacted before or after the commencement of this section) taken to be convicted on indictment of the offence concerned.

s 102: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3]. Am 2024 No 3, Sch 5[1].

103

Change to not guilty plea in higher court

103 Change to not guilty plea in higher court

(1) If an accused person brought before the District Court or the Supreme Court under section 97 or this Division changes to not guilty the plea to the offence on which the accused person was committed to the Court, the Judge of the District Court or the Supreme Court must direct that the accused person be put on trial for the offence.

(2) On the direction being given, the accused person is taken to have been committed for trial for the offence. The Judge may make the same orders and do the same things (including dealing with the accused person) as a Judge of the Local Court can on committing an accused person for trial.

(3) The Judge may give directions as to matters preliminary to the trial as the Judge thinks just.

(4) A direction may not be given under subsection (1) if the offence is punishable by imprisonment for life, but the Judge may make an order under section 101.

(5) Despite subsection (1), the Judge may make an order under section 101 instead of giving a direction under subsection (1), if of the opinion that such an order should be made.

s 103: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3]. Am 2025 No 61, Sch 2.31[2] [13].

104

Meaning of “accused person”

104 Meaning of “accused person”

In this Division—

accused person includes a person who has been committed for sentence to the District Court or Supreme Court.

s 104: Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [3].

105

105–108 (Repealed)

Division 10

General procedures after committal

Division 10 General procedures after committal

ch 3, pt 2, div 10, hdg (previously Chapter 3, Part 2, Div 6): Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [4].

ch 3, pt 2, div 10 (previously Chapter 3, Part 2, Div 6): Ins 2001 No 119, Sch 1 [43].

109

Accused person to be committed to correctional centre

109 Accused person to be committed to correctional centre

(1) An accused person who is committed for trial or sentence in any committal proceedings must be committed to a correctional centre by the Judge until the sittings of the court at which the person is to be tried or dealt with or until the accused person is otherwise released by operation of law.

(2) A Judge may order the issue of a warrant under this section.

(3) An authorised officer may, for the purposes of this section, issue a warrant to arrest the accused person.

(4) An authorised officer before whom an accused person is brought on arrest on a warrant issued under this section may issue a warrant—

(a) committing the accused person to a correctional centre or other place of security, and

(b) ordering the accused person to be brought before a court at the time and place specified in the order.

Note.

Part 4 of Chapter 4 sets out procedures for arrest warrants and warrants of commitment generally.

The Bail Act 2013 provides for the circumstances when such a person must or may be granted bail rather than be held in prison.

s 109: Ins 2001 No 119, Sch 1 [43]. Am 2014 No 5, Sch 2.15 [1]; 2025 No 61, Sch 2.31[9].

110

Bail acknowledgment to be notified

110 Bail acknowledgment to be notified

If an accused person committed to a correctional centre on committal for trial or sentence is released on bail, the person who accepts the bail acknowledgment must transmit to the registrar of the relevant court—

(a) the bail acknowledgment, and

(b) any cash or other thing deposited in compliance with a bail condition.

s 110: Ins 2001 No 119, Sch 1 [43]. Subst 2014 No 5, Sch 2.15 [3].

111

Papers to be sent to officer of higher court

111 Papers to be sent to officer of higher court

(1) The registrar must, as soon as possible after the end of committal proceedings, give to the appropriate officer of the court to which an accused person is committed for trial or sentence the documents required by the rules.

(2) The appropriate officer if an accused person is committed to the Supreme Court is the registrar of the Criminal Division of the Supreme Court.

(3) The appropriate officer if an accused person is committed to the District Court is a registrar of the District Court.

(4) The appropriate officer must deliver the documents to the proper officer of the Court at which the trial is to be held or the accused person dealt with, if the Judge of the District Court or the Supreme Court presiding so directs.

s 111: Ins 2001 No 119, Sch 1 [43]. Am 2025 No 61, Sch 2.31[13].

112

Responsibilities of appropriate officer

112 Responsibilities of appropriate officer

After the documents are transmitted and before the day of trial or the day on which the accused person is to be dealt with, the appropriate officer has, in relation to the documents, the same duties and is subject to the same liabilities as the Judge would have or be subject to before the transmission in relation to an order in the nature of certiorari or a rule or order instead of certiorari directed to the Judge.

s 112: Ins 2001 No 119, Sch 1 [43]. Am 2025 No 61, Sch 2.31[9].

113

Copies of trial papers to be given to prosecutor

113 Copies of trial papers to be given to prosecutor

(1) The appropriate officer must, as soon as practicable after receiving a document transmitted by the registrar after an accused person is committed for trial or sentence, transmit a copy of the document to the prosecutor.

(2) The copy must be transmitted by the most convenient method, having regard to the necessity to maintain the security of the document.

s 113: Ins 2001 No 119, Sch 1 [43]. Am 2022 No 49, Sch 1.1[5] [6].

114

Copies of transcripts of evidence

114 Copies of transcripts of evidence

(1) An accused person who is committed for trial or sentence is entitled to obtain 1 copy of the transcript of any evidence taken at the committal proceedings, and any written statements tendered at the proceedings.

(2) The rules may make provision for or with respect to the provision of a copy to the person and the regulations may make provision for or with respect to the fees for the provision of a copy.

(3) The accused person is also entitled, in accordance with Division 3 of Part 4B of Chapter 6, to a copy of any recorded statement played at the proceedings.

s 114: Ins 2001 No 119, Sch 1 [43]. Am 2005 No 28, Sch 5.11 [2]; 2014 No 83, Sch 1 [7]; 2017 No 55, Sch 1 [5].

115

Meaning of “accused person”

115 Meaning of “accused person”

In this Division—

accused person includes a person who has been committed for trial or sentence to the District Court or Supreme Court.

s 115: Ins 2001 No 119, Sch 1 [43].

Division 11

Costs

Division 11 Costs

ch 3, pt 2, div 11, hdg (previously Chapter 3, Part 2, Div 7, heading): Ins 2001 No 119, Sch 1 [43]. Subst 2017 No 55, Sch 1 [6].

ch 3, pt 2, div 11 (previously Chapter 3, Part 2, Div 7): Ins 2001 No 119, Sch 1 [43].

116

When costs may be awarded to accused persons

116 When costs may be awarded to accused persons

(1) A Judge may at the end of committal proceedings order that the prosecutor pay professional costs to the registrar, for payment to the accused person, if—

(a) the accused person is discharged as to the subject-matter of the offence or the matter is withdrawn, or

(b) the accused person is committed for trial or sentence for an indictable offence which is not the same as the indictable offence the subject of the court attendance notice.

(2) The amount of professional costs is to be the amount that the Judge considers to be just and reasonable.

(3) The order must specify the amount of professional costs payable.

(4) If the accused person is discharged, the order for costs may form part of the order discharging the accused person.

(5) In this section—

professional costs means costs (other than court costs) relating to professional expenses and disbursements (including witnesses’ expenses) in respect of proceedings before a Judge.

s 116: Ins 2001 No 119, Sch 1 [43]. Am 2025 No 61, Sch 2.31[9].

117

Limit on circumstances when costs may be awarded against a public officer

117 Limit on circumstances when costs may be awarded against a public officer

(1) Professional costs are not to be awarded in favour of an accused person in any committal proceedings unless the Judge is satisfied as to any one or more of the following—

(a) that the investigation into the alleged offence was conducted in an unreasonable or improper manner,

(b) that the proceedings were initiated without reasonable cause or in bad faith or were conducted by the prosecutor in an improper manner,

(c) that the prosecution unreasonably failed to investigate (or to investigate properly) any relevant matter of which it was aware or ought reasonably to have been aware and which suggested either that the accused person might not be guilty or that, for any other reason, the proceedings should not have been brought,

(d) that, because of other exceptional circumstances relating to the conduct of the proceedings by the prosecutor, it is just and reasonable to award costs.

(2) This section does not apply to the awarding of costs against a prosecutor acting in a private capacity.

(3) In this section—

professional costs means costs (other than court costs) relating to professional expenses and disbursements (including witnesses’ expenses) in respect of proceedings before a Judge.

s 117: Ins 2001 No 119, Sch 1 [43]. Am 2025 No 61, Sch 2.31[9].

118

Costs on adjournment

118 Costs on adjournment

(1) A Judge may in any committal proceedings, at his or her discretion or on the application of the prosecutor or an accused person, order that one party pay costs if the matter is adjourned.

(2) An order may be made only if the Judge is satisfied that the other party has incurred additional costs because of the unreasonable conduct or delay of the party against whom the order is made.

(3) An order may be made whatever the result of the proceedings.

s 118: Ins 2001 No 119, Sch 1 [43]. Am 2025 No 61, Sch 2.31[9].

119

Content of costs orders

119 Content of costs orders

The order must specify the amount of costs payable or may provide for the determination of the amount at the end of the proceedings.

s 119: Ins 2001 No 119, Sch 1 [43].

120

Enforcement of costs orders

120 Enforcement of costs orders

An order made by a Judge under this Division for the payment of costs is taken to be a fine within the meaning of the Fines Act 1996.

s 120: Ins 2001 No 119, Sch 1 [43]. Am 2025 No 61, Sch 2.31[9].

121

Definitions

121 Definitions

In this Part—

Criminal Listing Director means—

(a) in relation to the Supreme Court—the public servant employed in the Supreme Court to make arrangements for the listing of criminal proceedings that are to be heard and determined before the Supreme Court, and

(b) in relation to the District Court—the public servant employed in the District Court to make arrangements for the listing of criminal proceedings that are to be heard and determined before the District Court, and

(c) any public servant authorised by a person referred to in paragraph (a) or (b), or in accordance with the regulations, to exercise any functions of the Criminal Listing Director.

criminal proceedings means—

(a) proceedings relating to the trial of a person before the Supreme Court or the District Court,

(b) proceedings relating to the sentencing of a person by the Supreme Court or the District Court, or

(c) proceedings relating to an appeal under the Crimes (Appeal and Review) Act 2001 to the District Court in its criminal jurisdiction.

s 121 (previously s 40): Renumbered 2001 No 119, Sch 1 [45]. Am 2001 No 119, Sch 1 [46]; 2007 No 94, Sch 1.28 [4]; 2015 No 15, Sch 2.14 [2].

122

Listing

122 Listing

(1) The Criminal Listing Director is, subject to the regulations, to make arrangements for the listing of criminal proceedings that are to be heard and determined before the Supreme Court or the District Court.

(1A) In making such listing arrangements, the Criminal Listing Director is responsible to—

(a) the Chief Justice of the Supreme Court, in the case of criminal proceedings that are to be heard and determined before that Court, or

(b) the Chief Judge of the District Court, in the case of criminal proceedings that are to be heard and determined before that Court.

(2) The regulations may make provision for or with respect to the practice and procedure to be adopted for the listing of criminal proceedings that are to be heard and determined before the Supreme Court or the District Court.

(3) Regulations made under this section prevail over rules of court, or any direction or order of a court, to the extent of any inconsistency.

s 122: Renumbered 2001 No 119, Sch 1 [45].

123

Authority of Criminal Listing Director

123 Authority of Criminal Listing Director

It is the duty of all persons involved in criminal proceedings to abide, as far as practicable, by the arrangements made by the Criminal Listing Director in exercising functions under this Act.

ss 123 (previously ss 41, 43): Renumbered 2001 No 119, Sch 1 [45].

124

Liaison

124 Liaison

For the purpose of exercising the functions conferred on the Criminal Listing Director, the Criminal Listing Director may liaise with the Judges and officers of the Supreme Court and the District Court, prosecutors, accused persons and their Australian legal practitioners, and other persons involved in criminal proceedings.

s 124 (previously s 44): Renumbered 2001 No 119, Sch 1 [45]. Am 2001 No 119, Sch 1 [47]; 2006 No 120, Sch 3.7 [6].

125

Certain matters not affected

125 Certain matters not affected

(1) This Division does not authorise the Criminal Listing Director—

(a) to fix or change the venue of proceedings, except with the consent of the accused person and the prosecutor, or

(b) to determine when or where a court is to exercise its jurisdiction.

(2) Nothing in this Division relating to the Criminal Listing Director affects—

(a) the power of the Attorney General to fix or change the venue of any matter,

(b) the power of a court to regulate proceedings before it,

(c) the power of a court to adjourn any matter,

(d) proceedings in the Court of Criminal Appeal,

(e) proceedings in the Supreme Court in its summary jurisdiction, or

(f) proceedings under the Bail Act 2013.

s 125 (previously s 45): Renumbered 2001 No 119, Sch 1 [45]. Am 2001 No 119, Sch 1 [48] [49]; 2014 No 5, Sch 2.15 [1].

126

Signing of indictments

126 Signing of indictments

(1) An indictment shall be signed—

(a) by the Attorney General, the Solicitor General or the Director of Public Prosecutions, or

(b) for and on behalf of the Attorney General or the Director of Public Prosecutions by—

(i) a Crown Prosecutor,

(ii) a Deputy Director of Public Prosecutions, or

(iii) a person authorised under subsection (2) to sign indictments.

(2) The Director of Public Prosecutions may, by order in writing, authorise a person to sign indictments for and on behalf of the Director.

(3) It shall be presumed, in the absence of evidence to the contrary, that an indictment signed by a person for and on behalf of the Attorney General or the Director of Public Prosecutions was signed by a person authorised to do so.

(4) A certificate signed by the Director of Public Prosecutions to the effect that a specified person was authorised during a specified period to sign indictments for and on behalf of the Director is admissible in evidence in any legal proceedings and is evidence of the matters certified.

s 126 (previously s 50): Renumbered 2001 No 119, Sch 1 [51].

127

Manner of presenting indictments

127 Manner of presenting indictments

The regulations and (subject to the regulations) the rules of court may make provision for or with respect to the manner of presenting indictments (including by the filing of the indictment in a court registry).

s 127 (previously s 53A): Renumbered 2001 No 119, Sch 1 [52].

128

Directions as to indictments to be presented in District Court

128 Directions as to indictments to be presented in District Court

(1) The Chief Justice of the Supreme Court may issue a practice note on behalf of the Supreme Court giving directions to prosecutors with respect to the classes of indictments that are to be presented to the District Court rather than the Supreme Court.

(2) The Chief Justice may exempt a particular indictment from any such direction.

(3) The Supreme Court may reject an indictment—

(a) that is of a class to which any such direction applies, and

(b) that was presented after the direction was given, and

(c) that has not been exempted from the direction by the Chief Justice.

(4) The rejection of an indictment does not preclude the presentation of a further indictment in accordance with any such direction.

s 128 (previously s 52): Renumbered 2001 No 119, Sch 1 [53]. Am 2001 No 119, Sch 1 [54].

129

Time within which indictment to be presented

129 Time within which indictment to be presented

(1) In this section, relevant court, in relation to a matter, means the Supreme Court or the District Court before which the matter has been listed for trial or mention.

(2) An indictment is to be presented within 4 weeks after the committal of the accused person for trial, except as provided by this section.

(3) The time within which the indictment is to be presented may be extended—

(a) by the regulations or (subject to the regulations) the rules of the relevant court, or

(b) by order of the relevant court.

(4) If an indictment is not presented within the time required by this section, the relevant court may—

(a) proceed with the trial if an indictment has been presented, or

(b) adjourn the proceedings, or

(c) take such other action as it thinks appropriate in the circumstances of the case.

(5) The prosecutor has no right to an adjournment merely because an indictment has not been presented.

(6) The relevant court must, in exercising any power under this section, have regard to the fact that the Crown does not have a right of appeal if the accused person is acquitted.

(7) This section does not affect the powers of the relevant court under section 21.

s 129 (previously s 54): Renumbered 2001 No 119, Sch 1 [55]. Am 2001 No 119, Sch 1 [56].

130

Trial proceedings after presentation of indictment and before empanelment of jury

130 Trial proceedings after presentation of indictment and before empanelment of jury

(1) In this section, court means the Supreme Court or District Court.

(2) The court has jurisdiction with respect to the conduct of proceedings on indictment as soon as the indictment is presented and the accused person is arraigned, and any orders that may be made by the court for the purposes of the trial in the absence of a jury may be made before a jury is empanelled for the trial.

(3) If proceedings are held for the purpose of making any such orders after the indictment is presented to commence the trial and before the jury is empanelled—

(a) the proceedings are part of the trial of the accused person, and

(b) the accused person is to be arraigned again on the indictment when the jury is empanelled for the continuation of the trial.

(4) Nothing in this section requires a jury to be empanelled if the accused person pleads guilty to an offence during proceedings to which this section applies.

(5) This section applies to proceedings in respect of indictments presented after the commencement of this section.

s 130 (previously s 56): Renumbered 2001 No 119, Sch 1 [57]. Am 2001 No 119, Sch 1 [58].

130A

Pre-trial orders and orders made during trial bind trial Judge

130A Pre-trial orders and orders made during trial bind trial Judge

(1) A pre-trial order made by a Judge in proceedings on indictment is binding on the trial Judge in those proceedings unless, in the opinion of the trial Judge, it would not be in the interests of justice for the order to be binding.

(2) If, on an appeal against a conviction for an offence in proceedings on indictment, a new trial is ordered, a pre-trial order made by a Judge, or an order made by the trial Judge, in relation to the proceedings from which the conviction arose is binding on the trial Judge hearing the fresh trial proceedings unless—

(a) in the opinion of the trial Judge hearing the fresh trial proceedings, it would not be in the interests of justice for that order to be binding, or

(b) that order is inconsistent with an order made on appeal.

(3) If proceedings on indictment before a trial Judge are discontinued for any reason, a pre-trial order made by a Judge, or an order made by the trial Judge, in relation to those proceedings is binding on a trial Judge hearing any subsequent trial proceedings relating to the same offence as the discontinued proceedings unless, in the opinion of the trial Judge hearing the subsequent trial proceedings, it would not be in the interests of justice for the order to be binding.

(4) In this section, pre-trial order means any order made or given after the indictment is first presented but before the empanelment of a jury for a trial.

(5) To avoid doubt, this section extends to a ruling given on the admissibility of evidence.

s 130A: Ins 2005 No 102, Sch 1 [1]. Subst 2009 No 112, Sch 1 [3]. Am 2014 No 88, Sch 1.5 [1] [2].

131

Trial by jury in criminal proceedings

131 Trial by jury in criminal proceedings

Criminal proceedings in the Supreme Court or the District Court are to be tried by a jury, except as otherwise provided by this Part.

s 131 (previously s 15): Renumbered 2001 No 119, Sch 1 [59].

132

Orders for trial by Judge alone

132 Orders for trial by Judge alone

(1) An accused person or the prosecutor in criminal proceedings in the Supreme Court or District Court may apply to the court for an order that the accused person be tried by a Judge alone (a trial by judge order).

(2) The court must make a trial by judge order if both the accused person and the prosecutor agree to the accused person being tried by a Judge alone.

(3) If the accused person does not agree to being tried by a Judge alone, the court must not make a trial by judge order.

(4) If the prosecutor does not agree to the accused person being tried by a Judge alone, the court may make a trial by judge order if it considers it is in the interests of justice to do so.

(5) Without limiting subsection (4), the court may refuse to make an order if it considers that the trial will involve a factual issue that requires the application of objective community standards, including (but not limited to) an issue of reasonableness, negligence, indecency, obscenity or dangerousness.

(6) The court must not make a trial by judge order unless it is satisfied that the accused person has sought and received advice in relation to the effect of such an order from an Australian legal practitioner.

(7) The court may make a trial by judge order despite any other provision of this section or section 132A if the court is of the opinion that—

(a) there is a substantial risk that acts that may constitute an offence under Division 3 of Part 7 of the Crimes Act 1900 are likely to be committed in respect of any jury or juror, and

(b) the risk of those acts occurring may not reasonably be mitigated by other means.

s 132 (previously s 16): Renumbered 2001 No 119, Sch 1 [59]. Am 2006 No 120, Sch 3.7 [1]. Subst 2010 No 135, Sch 12.2 [2].

132A

Applications for trial by judge alone in criminal proceedings

132A Applications for trial by judge alone in criminal proceedings

(1) An application for an order under section 132 that an accused person be tried by a Judge alone must be made not less than 28 days before the date fixed for the trial in the Supreme Court or District Court, except with the leave of the court.

(2) An application must not be made in a joint trial unless—

(a) all other accused person apply to be tried by a Judge alone, and

(b) each application is made in respect of all offences with which the accused persons in the trial are charged that are being proceeded with in the trial.

(3) An accused person or a prosecutor who applies for an order under section 132 may, at any time before the date fixed for the accused person’s trial, subsequently apply for a trial by a jury.

(4) Rules of court may be made with respect to applications under section 132 or this section.

s 132A: Ins 2010 No 135, Sch 12.2 [2].

133

Verdict of single Judge

133 Verdict of single Judge

(1) A Judge who tries criminal proceedings without a jury may make any finding that could have been made by a jury on the question of the guilt of the accused person. Any such finding has, for all purposes, the same effect as a verdict of a jury.

(2) A judgment by a Judge in any such case must include the principles of law applied by the Judge and the findings of fact on which the Judge relied.

(3) If any Act or law requires a warning to be given to a jury in any such case, the Judge is to take the warning into account in dealing with the matter.

s 133 (previously s 17): Renumbered 2001 No 119, Sch 1 [59].

134

Purpose

134 Purpose

(1) The purpose of this Division is to reduce delays in proceedings on indictment by—

(a) requiring certain pre-trial disclosure by the prosecution and the defence, and

(b) enabling the court to undertake case management where suitable in those proceedings, whether on its own motion or on application by a party to the proceedings.

(2) Case management measures that are available to the court under this Division include the ordering of pre-trial hearings, pre-trial conferences and further pre-trial disclosure. The court has a discretion in determining which (if any) of those measures are suitable in the proceedings concerned.

s 134 (previously s 47A): Renumbered 2001 No 119, Sch 1 [61]. Subst 2009 No 112, Sch 1 [4].

135

Definitions

135 Definitions

(1) In this Division—

court means the Supreme Court or District Court.

pre-trial conference means a conference held under section 140.

pre-trial hearing means a hearing held under section 139.

(2) In this Division, a reference to the accused person is to be read as including a reference to the Australian legal practitioner representing the accused person.

s 135 (previously s 47B): Renumbered 2001 No 119, Sch 1 [61]. Am 2001 No 119, Sch 1 [62]. Subst 2009 No 112, Sch 1 [4].

136

Directions for conduct of proceedings

136 Directions for conduct of proceedings

At the first mention of proceedings in the court before which the trial is proposed to be heard, the presiding Judge is to give directions with respect to the future conduct of the trial.

s 136 (previously s 47C): Renumbered 2001 No 119, Sch 1 [61]. Am 2001 No 119, Sch 1 [63]; 2006 No 120, Sch 3.7 [2]; 2007 No 57, Sch 1 [2] [3]. Subst 2009 No 112, Sch 1 [4]. Am 2013 No 10, Sch 1 [1].

137

137 (Repealed)

138

138 (Repealed)

139

Pre-trial hearings

139 Pre-trial hearings

(1) At the first mention of proceedings in the court before which the trial is proposed to be heard or at any other time, the court may order the prosecutor and the accused person to attend one or more pre-trial hearings before the court so long as the time appointed for any such hearing occurs after the indictment has been presented or filed.

(2) During a pre-trial hearing, the court may make such orders, determinations or findings, or give such directions or rulings, as it thinks appropriate for the efficient management and conduct of the trial.

(3) Without limiting subsection (2), the court may take any or all of the following action under that subsection—

(a) hear and determine an objection to the indictment,

(b) order the holding of a pre-trial conference under section 140,

(c) determine the timetable for pre-trial disclosure under section 141,

(d) give a direction under section 145 (3),

(e) give a ruling or make a finding under section 192A of the Evidence Act 1995 as if the trial had commenced,

(f) hear and determine a submission that the case should not proceed to trial,

(g) give a ruling on any question of law that might arise at the trial.

(4) Despite any other provision of this Act, the court may make any order, determination or finding, or give any ruling, under this section on application by a party to the proceedings or on the court’s own initiative.

(5) Any order, determination or finding made, or ruling given, by the court under this section is binding on the trial Judge in the proceedings unless, in the opinion of the trial Judge, it would not be in the interests of justice for the order, determination, finding or ruling to be binding.

(6) Except with the leave of the court, a party to proceedings may not raise a matter referred to in subsection (3) (a) or (e) at trial if a pre-trial hearing was held in the proceedings and the matter was not raised at the pre-trial hearing.

(7) Leave is not to be granted under subsection (6) unless the court is of the opinion that it would be contrary to the interests of justice to refuse leave to raise the matter concerned.

s 139 (previously s 47F): Renumbered 2001 No 119, Sch 1 [61]. Am 2001 No 119, Sch 1 [63]. Subst 2009 No 112, Sch 1 [4]. Am 2013 No 10, Sch 1 [4].

More sections below

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

1 Name of Act

This Act may be cited as the Criminal Procedure Act 1986.

2 Commencement

(1) Sections 1 and 2 shall commence on the date of assent to this Act.

(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.

3 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires—

accused person includes, in relation to summary offences, a defendant and, in relation to all offences (where the subject-matter or context allows or requires), an Australian legal practitioner representing an accused person.

apprehended violence order has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007.

apprehended violence order proceedings has the same meaning as in the Crimes (Domestic and Personal Violence) Act 2007.

authorised officer means—

(a) a registrar of a court, or

(b) an employee of the Attorney General’s Department authorised by the Attorney General as an authorised officer for the purposes of this Act.

bail has the same meaning as it has in the Bail Act 2013.

case conference means a conference held under Division 5 of Part 2 of Chapter 3.

case conference certificate means a case conference certificate required to be completed and filed under Division 5 of Part 2 of Chapter 3.

case conference material—see section 78 (5).

charge certificate—see section 66 (1).

Children’s Judge has the same meaning as in the Children’s Court Act 1987.

coincidence evidence has the same meaning as it has in the Evidence Act 1995.

committal proceedings means proceedings before a Judge of the Local Court for the purpose of committing a person charged with an indictable offence for trial or sentence.