NSWIn ForceAct
Criminal Procedure Act 1986
66Charge certificates
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#### 66 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—
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> > > (a) relates to the offences specified in a court attendance notice for the committal proceedings, and
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> > > (b) specifies the offences that are to be the subject of the proceedings against the accused person, and
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> > > (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
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> > > (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
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> > > (e) if applicable, confirms that proceedings against the accused person for other specified offences are no longer being proceeded with, and
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> > > (f) contains any other matters prescribed by the regulations for the purposes of this section.
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> > (2) The prosecutor must certify in the certificate that—
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> > > (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
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> > > (b) for an alleged offence for which there are duties of disclosure under the [Director of Public Prosecutions Act 1986](/view/html/inforce/current/act-1986-207), section 15A—the prosecutor has received and considered verification of compliance about the duties, and
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> > > (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.
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> > (2A) (Repealed)
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> > (3) Subsections (1) and (2) do not limit the matters that may be included by the regulations in the prescribed form of charge certificate.
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> **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\[3\] \[4\].