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Criminal Procedure Act 2004
Part 4Prosecutions in superior courts
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Part 4 — Prosecutions in superior courts
80. Terms used 73
81. Application of this Part 74
82. Court may act on its own initiative etc. 74
Division 2 — Commencing and discontinuing a prosecution
83. How prosecution is commenced 74
84. Where prosecution may be commenced 75
85. Indictments, formal requirements and service of 77
86. Accused not committed may be arrested etc. 77
86A. Remitting charges to summary courts 78
87. Discontinuing prosecution 78
Division 3 — General matters
88. Accused’s presence, when required 79
89. Adjourning cases 80
90. Staying prosecution permanently 81
91. Accused may be required to plead at any time 81
92. Plea of not guilty, consequences of 81
93. Dealing with plea of not guilty on account of mental impairment 82
Division 4 — Pre‑trial matters
94. Court may order prosecutor to commence prosecution etc. 82
95. Disclosure by prosecutor 83
96. Disclosure by accused of certain matters 85
97. Non‑disclosure, consequences of 87
98. Issues that may be dealt with before trial 88
Division 5 — Committals for sentence
99. Unconvicted accused committed for sentence, procedure on 89
100. Convicted accused committed for sentence, procedure on 90
Division 6 — Trial by jury
101. Application of this Division 91
102. When juror is sworn 91
103. Accused to be told of right to challenge jurors 91
104. Challenging jurors 92
105. Jurors to be sworn 92
106. Jury to be informed of certain matters 93
107. Plea of guilty after jury is sworn 93
108. No case to answer, judge may acquit accused 93
109. View by jury 94
110. Jury may be given records etc. to assist understanding 94
111. Jury not to separate or communicate with others 94
112. Judge to address jury before it deliberates 95
113. Special verdict may be required 96
114. Jury’s verdict to be unanimous except in some cases 96
115. Discharging juror 97
116. Discharging jury 97
Division 7 — Trial by judge alone
117. Application of this Division 98
118. Trial by judge alone without jury may be ordered 98
119. Law and procedure to be applied 99
120. Judge’s verdict and judgment 100
121. Sentences etc. may be stayed pending appeal 100
122. Incapacity of judge 102
123. No fees or costs 102
124. Rules of court 102