66Charge certificates

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—

(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(2A) (Repealed)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].