1Criminal Procedure Regulations 2020

Version No. 003 **Criminal Procedure Regulations 2020** **S.R. No. 134/2020** Version incorporating amendments as at 28 December 2025 **TABLE OF PROVISIONS** *Regulation Page* Part 1—Preliminary 1 1 Objectives 1 2 Authorising provision 2 3 Commencement 2 4 Revocations 2 5 Definitions 2 Part 2—Division 5 recordings 4 6 Who may ask questions 4 7 Information to be included in a Division 5 recording 4 8 Copies of a Division 5 recording 5 9 Transcript of a Division 5 recording 5 10 Right of accused to listen to or view Division 5 recording 5 11 Record of persons listening to or viewing Division 5 recordings 6 12 Use of Division 5 recordings, copies or transcripts 6 12A Chief Commissioner of Police may authorise the use of a Division 5 recording for training or evaluation purposes 7 13 Retention and destruction of recordings and copies 8 Part 3—Division 6 recordings 9 14 Right of accused to listen to or view Division 6 recording 9 15 Record of persons listening to or viewing Division 6 recordings 9 16 Use of Division 6 recordings, copies or transcripts 9 17 Retention and destruction of recordings and copies 10 Part 3A—Division 5, Division 6 and Part 8.2A recordings 12 17A Use of recordings, copies or transcripts—intermediaries 12 17B Use of recordings, copies or transcripts—legal practitioners 13 Part 4—Prosecution witnesses allowances and expenses 15 18 Attendance allowance for expert witness 15 19 Allowances and expenses of other witnesses 15 20 Meal allowances for witnesses 16 21 Accommodation expenses for witnesses 17 22 Travelling allowances for witnesses 17 23 No payment to prisoners 17 24 Evidence of expenses etc. to be produced 17 Part 5—Intermediaries 19 25 Intermediaries' oath or affirmation 19 Part 6—Disclosure certificates 20 27 Form of disclosure certificate 20 Part 7—Early committal for trial in Supreme Court 21 28 Prescribed offence 21 Schedule 1—Oaths and affirmations 22 Schedule 2—Disclosure certificate—section 41A of the Act 23 Schedule 3—Disclosure certificate—section 110A of the Act 28 Schedule 4—Prescribed offences—section 127A of the Act 34 ═════════════ Endnotes 39 1 General information 39 2 Table of Amendments 41 3 Explanatory details 42 **Version No.** **003** **Criminal Procedure Regulations 2020** **S.R. No. 134/2020** Version incorporating amendments as at 28 December 2025 Part 1—Preliminary 1 Objectives The objectives of these Regulations are— (a) to provide for the making, use, possession, copying, storage, access to and destruction of audio and audiovisual recordings referred to in Division 5 and Division 6 of Part 8.2 of the **Criminal Procedure Act 2009**; and (b) to specify the allowances and expenses that are to be paid to prosecution witnesses; and (c) to provide for the use of various audio or audiovisual recordings made in certain proceedings for the purposes of assisting intermediaries or the training or evaluation of intermediaries; and Reg. 1(ca) inserted by S.R. No. 104/2025 reg. 5. (ca) to prescribe certain offences as applicable offences for the purposes of Part 4.6A of the **Criminal Procedure Act 2009**; and (d) other matters required or necessary to be prescribed by the **Criminal Procedure Act 2009**. 2 Authorising provision These Regulations are made under section 420 of the **Criminal Procedure Act 2009**. 3 Commencement These Regulations come into operation on 13 December 2020. 4 Revocations The following Regulations are **revoked**— (a) the Criminal Procedure Regulations 2009[[1]](#endnote-1); (b) the Criminal Procedure Amendment (Recorded Evidence-in-Chief) Regulations 2011[[2]](#endnote-2); (c) the Criminal Procedure Amendment Regulations 2018[[3]](#endnote-3). 5 Definitions In these Regulations— ***Department*** means the Department of Justice and Community Safety; ***Division 5 recording*** means an audio or audiovisual recording of a kind referred to in Division 5 of Part 8.2 of the Act; ***Division 6 recording*** means an audiovisual recording of a kind referred to in Division 6 of Part 8.2 of the Act; ***Part 8.2A recording*** means an audio or audiovisual recording made in a proceeding in which an intermediary is appointed under Part 8.2A of the Act; ***prothonotary*** has the same meaning as in section 106 of the **Supreme Court Act 1986**; ***registrar*** means the registrar of the County Court within the meaning of section 3(1) of the **County Court Act 1958**; ***the Act*** means the **Criminal Procedure Act 2009**. Part 2—Division 5 recordings 6 Who may ask questions For the purposes of section 367 of the Act, the following persons are prescribed— (a) a member of Victoria Police personnel (within the meaning of section 3(1) of the **Victoria Police Act 2013**) who has successfully completed a training course conducted by Victoria Police on the procedures for making a Division 5 recording and examining a witness; (b) a person authorised in writing by the Chief Commissioner of Police who has successfully completed a training course conducted by Victoria Police on the procedures for making a Division 5 recording and examining a witness; (c) if the questions are put to the witness in another State or the Northern Territory, a member of the police force of that State or Territory; (d) if the questions are put to the witness in a Territory other than the Northern Territory, a member of the Australian Federal Police; (e) a person on the panel established under section 389H of the Act who may be appointed as an intermediary for a witness. 7 Information to be included in a Division 5 recording In addition to any other requirement made by or under the Act, a Division 5 recording must include— (a) the date on which, and the place at which, the recording is made; and (b) the times at which the recording is commenced and concluded; and (c) identification of all persons present during any part of the recording; and (d) the times at which any break in questioning commenced and concluded and the reason for the break. 8 Copies of a Division 5 recording (1) The Chief Commissioner of Police may authorise copies to be made of a Division 5 recording and must ensure that the recording and all copies of the recording are kept in safe custody. (2) If a copy of a recording is made, the Chief Commissioner of Police must record— (a) the date on which the copy is made; and (b) the name and address of the person to whom the copy is given. 9 Transcript of a Division 5 recording If a transcript of a Division 5 recording is made, a copy of the transcript must be given by the informant, as soon as is practicable, to the witness answering questions or to the witness's parent or guardian. 10 Right of accused to listen to or view Division 5 recording (1) If a Division 5 recording is made, the informant in the proceeding must give notice to the accused that the accused and the accused's legal practitioner have the right to listen to, and in the case of an audiovisual recording view, the recording at an agreed time and place. (2) If an accused or the accused's legal practitioner wishes to listen to, and in the case of an audiovisual recording view, the Division 5 recording, the informant must make the recording or a copy of it available for listening or viewing at the time and place agreed between the informant, or a person acting on behalf of the informant, and the accused or the accused's legal practitioner. 11 Record of persons listening to or viewing Division 5 recordings If the accused or the accused's legal practitioner listens to or views a Division 5 recording, the informant, or a person acting on behalf of the informant, must record the following information— (a) the name of the person viewing or listening to the recording; (b) the capacity in which the person is involved in the proceeding; (c) the date on which and the time at which the recording is viewed or listened to; (d) the name of the person who gave access to the person to view or listen to the recording. 12 Use of Division 5 recordings, copies or transcripts (1) A Division 5 recording, a copy of a Division 5 recording or a transcript of a Division 5 recording may only be used— (a) in, or in connection with, a proceeding referred to in Division 5 of Part 8.2 or for the purposes of Part 8.2A of the Act; or Reg. 12(1)(b) amended by S.R. No. 104/2025 reg. 6. (b) in accordance with regulation 12A or Part 3A. (2) Except in accordance with Part 8.2 of the Act or these Regulations, a person must not have possession of, or access to, a Division 5 recording, a copy of a Division 5 recording or a transcript of a Division 5 recording. Reg. 12A inserted by S.R. No. 104/2025 reg. 7. 12A Chief Commissioner of Police may authorise the use of a Division 5 recording for training or evaluation purposes (1) Subject to subregulation (2), the Chief Commissioner of Police may authorise the following persons to use a copy or transcript of a Division 5 recording for the purpose of individual training in or evaluation of the making of Division 5 recordings— (a) a person referred to in regulation 6(a) whose questions a witness is answering in the recording; (b) a supervising officer of the person referred to in regulation 6(a) whose questions a witness is answering in the recording; (c) a suitably qualified person employed or engaged by Victoria Police to conduct training in or evaluation of the making of Division 5 recordings. (2) The Chief Commissioner of Police must not authorise the use of a copy or transcript of a Division 5 recording unless— (a) all legal proceedings relating to the subject matter of the recording have concluded and the appeal period has expired; and (b) the person to be trained or evaluated is the person referred to in subregulation (1)(a). (3) An authorisation under subregulation (1) must— (a) be in writing; and (b) specify the name of the person authorised; and (c) specify the recording, a copy or transcript of which, the person is authorised to use. Reg. 13 substituted by S.R. No. 104/2025 reg. 8. 13 Retention and destruction of recordings and copies The Chief Commissioner of Police must— (a) retain in safe custody— (i) the original recording of any Division 5 recording; and (ii) if the original recording has been edited for use in a proceeding referred to in Division 5 of Part 8.2 of the Act, a copy of the edited recording; and (b) ensure that any other copies of the recording are destroyed no later than 6 months after the latest of— (i) the conclusion of any proceeding in which the recording was proposed to be, or was, used in evidence; or (ii) the expiry of the appeal period; or (iii) the conclusion of any proceeding of a kind referred to in section 374(2) of the Act in which the recording was proposed to be, or was, used in evidence. Part 3—Division 6 recordings 14 Right of accused to listen to or view Division 6 recording If a Division 6 recording is made, and an accused or an accused's legal practitioner wishes to listen to and view the recording, the registrar, prothonotary or the Office of Public Prosecutions (as the case requires) must make the recording or a copy of it available for listening or viewing. 15 Record of persons listening to or viewing Division 6 recordings If the accused or the accused's legal practitioner listens to or views a Division 6 recording, the registrar, prothonotary or the Office of Public Prosecutions (as the case requires) must record the following information— (a) the name of the person viewing or listening to the recording; (b) the capacity in which the person is involved in the proceeding; (c) the date on which and the time at which the recording is viewed or listened to; (d) the name of the person who gave access to the person to view or listen to the recording. 16 Use of Division 6 recordings, copies or transcripts (1) A Division 6 recording, a copy of a Division 6 recording or a transcript of a Division 6 recording may only be used— (a) in, or in connection with, a proceeding referred to in Division 6 of Part 8.2 or for the purposes of Part 8.2A of the Act; or Reg. 16(1)(b) amended by S.R. No. 104/2025 reg. 9. (b) in accordance with Part 3A. (2) Except in accordance with Part 8.2 of the Act or these Regulations, a person must not have possession of, or access to, a Division 6 recording, a copy of a Division 6 recording or a transcript of a Division 6 recording. Reg. 17 substituted by S.R. No. 104/2025 reg. 10. 17 Retention and destruction of recordings and copies (1) The registrar or prothonotary (as the case requires) must— (a) retain in safe custody for the period specified in subregulation (2)— (i) the original recording of any Division 6 recording; and (ii) if the original recording has been edited for use in a proceeding referred to in Division 6 of Part 8.2 of the Act, a copy of the edited recording; and (b) ensure that any other copies of the recording are destroyed no later than 12 months after the latest of— (i) the conclusion of any proceeding in which the recording was proposed to be, or was, used in evidence; or (ii) the expiry of the appeal period; or (iii) the conclusion of any proceeding of a kind referred to in section 374(2) of the Act in which the recording was proposed to be, or was, used in evidence. (2) For the purposes of subregulation (1)(a), the period is 10 years after the latest of— (a) the conclusion of any proceeding in which the recording was proposed to be, or was, used in evidence; or (b) the expiry of the appeal period; or (c) the conclusion of any proceeding of a kind referred to in section 374(2) of the Act in which the recording was proposed to be, or was, used in evidence. Pt 3A (Heading and regs 17A, 17B) inserted by S.R. No. 104/2025 reg. 11. Part 3A—Division 5, Division 6 and Part 8.2A recordings Reg. 17A inserted by S.R. No. 104/2025 reg. 11. 17A Use of recordings, copies or transcripts—intermediaries (1) Victoria Police or the relevant court may provide to the Secretary to the Department a copy or transcript of any of the following recordings for a purpose referred to in subregulation (2)— (a) a Division 5 recording; (b) a Division 6 recording; (c) a Part 8.2A recording. (2) The Secretary to the Department may authorise a person to use a copy or transcript of a recording provided to the Secretary under subregulation (1) for the purpose of— (a) assisting an intermediary to perform a function set out in section 389I of the Act, including assessing a witness; or (b) subject to subregulation (3), training or evaluation of an intermediary. (3) The Secretary to the Department must not authorise the use of a copy or transcript of a recording provided to the Secretary to the Department under subregulation (2)(b) unless— (a) all legal proceedings relating to the subject matter of the recording have concluded and the appeal period has expired; and (b) the intermediary referred to in subregulation (2)(b) is the same intermediary who performed a function set out in section 389I of the Act in the recording. (4) An authorisation may authorise the use of a copy or transcript of— (a) a particular recording; or (b) all recordings of a particular kind. (5) An authorisation must— (a) be in writing; and (b) specify the name of the person authorised; and (c) if it authorises the use of a particular recording, specify the recording, a copy or transcript of which, the person is authorised to use; and (d) specify the purpose for which the recording or recordings may be used. Reg. 17B inserted by S.R. No. 104/2025 reg. 11. 17B Use of recordings, copies or transcripts—legal practitioners (1) Victoria Police or the relevant court may provide to the Secretary to the Department a copy or transcript of any of the following recordings for the purpose referred to in subregulation (2)— (a) a Division 5 recording; (b) a Division 6 recording; (c) a Part 8.2A recording. (2) The Secretary to the Department may authorise in writing an Australian legal practitioner acting for the Secretary to the Department to use a copy or transcript of a recording provided to the Secretary to the Department under subregulation (1) for the purpose of acting for the Secretary to the Department in, or in connection with, a proceeding in which the relevant recording is proposed to be, or was, used in evidence. Part 4—Prosecution witnesses allowances and expenses 18 Attendance allowance for expert witness A prosecution witness who is called to give evidence at a court in a professional or expert capacity, is entitled— (a) to an amount of $79.50 if the period of absence from the witness's place of business or residence for the purposes of attending the court is 4 hours or less; or (b) if the period of absence is more than 4 hours, to an amount of $79.50 plus $20.60 for each additional hour, or part of an hour, that the witness is absent from the witness's place of business or residence in excess of 4 hours, up to a maximum of $158.80 for any one day. 19 Allowances and expenses of other witnesses (1) This regulation applies to a prosecution witness who is called to give evidence at a court other than in a professional or expert capacity. (2) If the witness is engaged in an income producing vocation and loses income because of the witness's attendance at the court, the witness is entitled to the amount of income actually lost up to a maximum of $69.10 for each day, or part of a day, that the witness is necessarily absent from the witness's place of business by reason of the attendance. (3) If the witness is not engaged in an income producing vocation but the witness necessarily incurs expenditure because of the witness's attendance at the court that is not provided for in regulation 20, 21 or 22, the witness is entitled to the amount of the actual expenditure incurred up to a maximum of $33.70 for each day. 20 Meal allowances for witnesses (1) A prosecution witness who is called to give evidence at court and who is necessarily absent from the witness's home by reason of the attendance at court is entitled to the following allowances for meals during that absence— (a) if the witness is absent from home overnight— | | *Capital City* | *Any other location* | | | --- | --- | --- | --- | | Breakfast | $17.70 | $15.75 | | | Lunch | $19.75 | $18.05 | | | Dinner | $34.05 | $31.15 | | | Total | $71.50 | $64.95 | ; | (b) if the witness is absent for a part of a day only, departing and returning the same day— | Breakfast | $12.40 | | | --- | --- | --- | | Lunch | $12.40 | | | Dinner | $16.50 | | | Total | $41.30 | . | (2) Despite subregulation (1), a prosecution witness is only entitled to an allowance— (a) for breakfast, if the witness is absent from the witness's home between 7.00 a.m. and 9.30 a.m.; and (b) for lunch, if the witness is absent from the witness's home between 12.00 p.m. and 3.00 p.m.; and (c) for dinner, if the witness is absent from the witness's home between 5.00 p.m. and 7.00 p.m. 21 Accommodation expenses for witnesses A prosecution witness who is called to give evidence at a court and who is necessarily absent from the witness's home overnight because of having to attend the court is entitled to the expenditure incurred by the witness for alternative accommodation up to a maximum of $150.00 for each night of the witness's absence. 22 Travelling allowances for witnesses (1) A prosecution witness who is called to give evidence at a court is entitled to an allowance in respect of the expense of travelling to and from the court equal to the cost of the most economical form of transport having regard to the total expense of attending the court. (2) If the witness uses the witness's own vehicle, the witness is entitled to an allowance of 18 cents for each kilometre travelled to or from the court. 23 No payment to prisoners A prisoner of the Crown is not entitled to any payment under these Regulations. 24 Evidence of expenses etc. to be produced A person who is authorised to approve payments authorised by these Regulations must not approve the payment of an amount to a witness under these Regulations unless there is produced to that person evidence satisfactory to that person— (a) in the case of regulation 19(2), that as a result of attending at the court the witness has sustained, or will sustain, a loss of income, or of time that the witness would otherwise have devoted to an income producing vocation; or (b) in the case of regulations 19(3) and 21, of the expenditure incurred by the witness; or (c) in the case of regulation 20, that the witness was absent from the witness's home by reason of attendance at court at the relevant times; or (d) in the case of regulation 22(1), of the cost of the most economical form of transport. Part 5—Intermediaries 25 Intermediaries' oath or affirmation For the purposes of section 389K(4) of the Act, the prescribed form of oath or affirmation is the form set out in Schedule 1 or a similar form. Reg. 26 revoked by S.R. No. 104/2025 reg. 12. * * * * * Pt 6 (Heading and reg. 27) inserted by S.R. No. 57/2022 reg. 5. Part 6—Disclosure certificates Reg. 27 inserted by S.R. No. 57/2022 reg. 5. 27 Form of disclosure certificate For the purposes of— (a) section 41A of the Act, the prescribed form of a disclosure certificate is the form set out in Schedule 2; and (b) section 110A of the Act, the prescribed form of a disclosure certificate is the form set out in Schedule 3. Pt 7 (Heading and reg. 28) inserted by S.R. No. 104/2025 reg. 13. Part 7—Early committal for trial in Supreme Court Reg. 28 inserted by S.R. No. 104/2025 reg. 13. 28 Prescribed offence An offence specified in Schedule 4 is prescribed for the purposes of paragraph (b) of the definition of ***applicable offence*** in section 127A of the Act. Schedule 1—Oaths and affirmations Regulation 25 **Oaths by intermediaries** I swear (*or the person taking the oath may promise*) by Almighty God (*or the person may name a god recognised by the person's religion*) that I will well and truly communicate questions and answers, and make true explanation of all matters and things, that are required of me in this case to the best of my ability. **Affirmations by intermediaries** I solemnly and sincerely declare and affirm that I will well and truly communicate questions and answers, and make true explanation of all matters and things, that are required of me in this case to the best of my ability. Sch. 2 inserted by S.R. No. 57/2022 reg. 6. Schedule 2—Disclosure certificate—section 41A of the Act Regulation 27(a) DISCLOSURE CERTIFICATE (Section 41A of the **Criminal Procedure Act 2009**) In the [*court*] at [*venue*] Court Ref.: **Acknowledgement** 1. I am aware that, as the *informant/*law enforcement officer who prepared the full brief in this matter, I have a duty under the **Criminal Procedure Act 2009**, and at common law, to disclose to the accused all information, documents or things relevant to the alleged offence. I am aware that this duty is subject to— (a) any claim of privilege or public interest immunity that has been determined by a court; and (b) any immunity conferred by statute; and (c) any relevant statutory prohibition or restriction that has the effect of precluding disclosure to the prosecution or the defence. *2. [*To be included if this certificate is completed by the informant*] I am aware of my continuing obligation under the **Criminal Procedure Act 2009**, and at common law, to disclose to the accused any relevant information, document or thing that comes into my possession or to my notice after service of the full brief. *3. [*To be included if this certificate is completed by the informant and the proceeding is conducted by the DPP*] I am aware of my obligation under section 415A of the **Criminal Procedure Act 2009** to provide to the DPP any information, document or thing that I possess or have knowledge of, or that the law enforcement agency I represent possesses or has knowledge of, that is relevant to the alleged offence, subject to the provisions in section 415A. I am aware that this obligation continues to apply to any information, document or thing that I come to possess or have knowledge of, or that the law enforcement agency I represent comes to possess or have knowledge of, after I have first complied with the requirements of section 415A. 4. The information I have given in this certificate is true, to the best of my knowledge and belief, and has been reviewed by a superior officer within the law enforcement agency I represent. [*NOTE: A superior officer is a person to whom an organisation has given responsibility for reviewing disclosure certificates. If the informant or law enforcement officer completing this certificate is a member of Victoria Police, a superior officer must be a person who holds a rank senior to the informant or law enforcement officer.*] *Delete if not applicable **Notes** 1. See sections 41(1)(f) and 45 of the **Criminal Procedure Act 2009**. 2. See also section 416(2) of the **Criminal Procedure Act 2009** which provides that nothing in that Act requires the prosecution to disclose to the accused material which the prosecution is required or permitted to withhold under that or any other Act or any rule of law. **Schedule 1—Relevant material not contained in brief that is subject to a privilege or immunity** **(section 41A(1)(a)(i) and (ii) of the Criminal Procedure Act 2009)** *Relevant information, or a relevant document or thing, is not contained in the full brief because it is the subject of a claim of privilege, a claim of public interest immunity, or an immunity conferred by statute. This information, document or thing, and the nature of the privilege or immunity to which it is subject, is described in the table below **subject to any order of a court**. | | **Information, document or thing** | **Nature of privilege or immunity** | | --- | --- | --- | | 1. | [*Describe the information, document or thing*] | [*Describe the privilege or immunity*] | | 2. | | | | 3. | | | | 4. | | | | 5. | | | | 6. | | | | 7. | | | **Note** See also section 416(2) of the **Criminal Procedure Act 2009** which provides that nothing in that Act requires the prosecution to disclose to the accused material which the prosecution is required or permitted to withhold under that or any other Act or any rule of law. *No relevant information, document or thing has been withheld from the full brief because of a claim of privilege, a claim of public interest immunity, or an immunity conferred by statute. *Delete if not applicable **Schedule 2—Relevant material not contained in brief that is subject to a statutory prohibition or restriction on disclosure (section 41A(1)(a)(iii) of the Criminal Procedure Act 2009)** *Relevant information, or a relevant document or thing, is not contained in the full brief because it is the subject of a statutory prohibition or restriction on disclosure that has the effect of precluding disclosure to the prosecution or the defence. This information, document or thing, and the nature of the prohibition or restriction to which it is subject, is described in the table below to the extent permitted by the relevant statute and **subject to any order of a court**. | | **Information, document or thing** | **Nature of statutory prohibition or restriction** | | --- | --- | --- | | 1. | [*Describe the information, document or thing*] | [*Describe the statutory prohibition or restriction on disclosure including, if permitted, the relevant statute and section*] | | 2. | | | | 3. | | | | 4. | | | | 5. | | | | 6. | | | | 7. | | | **Note** See also section 416(2) of the **Criminal Procedure Act 2009** which provides that nothing in that Act requires the prosecution to disclose to the accused material which the prosecution is required or permitted to withhold under that or any other Act or any rule of law. *No relevant information, document or thing has been withheld from the full brief because of a statutory prohibition or restriction on disclosure that has the effect of precluding disclosure to the prosecution or the defence. *Delete if not applicable Signature of relevant officer: Name and position of relevant officer: Address: Telephone: Email address: Date: **Note** This certificate must be completed by the informant or, if the informant did not investigate the offence that is the subject of the proceeding, the law enforcement officer who prepared the full brief and it must be served with the full brief. Sch. 3 inserted by S.R. No. 57/2022 reg. 6. Schedule 3—Disclosure certificate—section 110A of the Act Regulation 27(b) DISCLOSURE CERTIFICATE (section 110A of the **Criminal Procedure Act 2009**) In the [*court*] at [*venue*] Court Ref.: **Acknowledgement** 1. I am aware that, as the *informant/*law enforcement officer who prepared the hand-up brief in this matter, I have a duty under the **Criminal Procedure Act 2009**, and at common law, to disclose to the accused all information, documents or things relevant to the alleged offence. I am aware that this duty is subject to— (a) any claim of privilege or public interest immunity that has been determined by a court; and (b) any immunity conferred by statute; and (c) any relevant statutory prohibition or restriction that has the effect of precluding disclosure to the prosecution or the defence. *2. [*To be included if this certificate is completed by the informant*] I am aware of my continuing obligation under the **Criminal Procedure Act 2009**, and at common law, to disclose to the accused any relevant information, document or thing that comes into my possession or to my notice after service of the hand-up brief. *3. [*To be included if this certificate is completed by the informant and the proceeding is conducted by the DPP*] I am aware of my obligation under section 415A of the **Criminal Procedure Act 2009** to provide to the DPP any information, document or thing that I possess or have knowledge of, or that the law enforcement agency I represent possesses or has knowledge of, that is relevant to the alleged offence, subject to the provisions in section 415A. I am aware that this obligation continues to apply to any information, document or thing that I come to possess or have knowledge of, or that the law enforcement agency I represent comes to possess or have knowledge of, after I have first complied with the requirements of section 415A. 4. The information I have given in this certificate is true, to the best of my knowledge and belief, and has been reviewed by a superior officer within the law enforcement agency I represent. [*NOTE: A superior officer is a person to whom an organisation has given responsibility for reviewing disclosure certificates. If the informant or law enforcement officer completing this certificate is a member of Victoria Police, a superior officer must be a person who holds a rank senior to the informant or law enforcement officer.*] *Delete if not applicable **Notes** 1. See section 110A(3) of the **Criminal Procedure Act 2009**. 2. See also section 416(2) of the **Criminal Procedure Act 2009** which provides that nothing in that Act requires the prosecution to disclose to the accused material which the prosecution is required or permitted to withhold under that or any other Act or any rule of law. **Schedule 1—Relevant material not contained in brief that is subject to a privilege or immunity (section 110A(1)(a)(i) and (ii) of the Criminal Procedure Act 2009)** *Relevant information, or a relevant document or thing, is not contained in the hand-up brief because it is the subject of a claim of privilege, a claim of public interest immunity, or an immunity conferred by statute. This information, document or thing, and the nature of the privilege or immunity to which it is subject, is described in the table below **subject to any order of a court**. | | **Information, document or thing** | **Nature of privilege or immunity** | | --- | --- | --- | | 1. | [*Describe the information, document or thing*] | [*Describe the privilege or immunity*] | | 2. | | | | 3. | | | | 4. | | | | 5. | | | | 6. | | | | 7. | | | **Notes** 1. See also section 416(2) of the **Criminal Procedure Act 2009** which provides that nothing in that Act requires the prosecution to disclose to the accused material which the prosecution is required or permitted to withhold under that or any other Act or any rule of law. 2. See section 110A(3) of the **Criminal Procedure Act 2009** which provides that in completing a disclosure certificate, the relevant officer is not required to describe any information, document or thing, or the nature of the privilege, immunity, prohibition or restriction to which that information, document or thing is subject, in a way that would prejudice— (a) a claim of public interest immunity made to the Supreme Court in its inherent jurisdiction that has commenced or that the informant knows will be commenced; or (b) an application for a non-disclosure order that has commenced or that the informant knows will be commenced. 3. See also section 119(fa) of the **Criminal Procedure Act 2009** which requires, subject to any order of a court, the prosecution to describe in the case direction notice certain information not described in a disclosure certificate. *No relevant information, document or thing has been withheld from the hand-up brief because of a claim of privilege, a claim of public interest immunity, or an immunity conferred by statute. *Delete if not applicable **Schedule 2—Relevant material not contained in brief that is subject to a statutory prohibition or restriction on disclosure (section 110A(1)(a)(iii) of the Criminal Procedure Act 2009)** *Relevant information, or a relevant document or thing, is not contained in the hand-up brief because it is the subject of a statutory prohibition or restriction on disclosure that has the effect of precluding disclosure to the prosecution or the defence. This information, document or thing, and the nature of the prohibition or restriction to which it is subject, is described in the table below to the extent permitted by the relevant statute and **subject to any order of a court**. | | **Information, document or thing** | **Nature of statutory prohibition or restriction** | | --- | --- | --- | | 1. | [*Describe the information, document or thing*] | [*Describe the statutory prohibition or restriction on disclosure including, if permitted, the relevant statute and section*] | | 2. | | | | 3. | | | | 4. | | | | 5. | | | | 6. | | | | 7. | | | **Note** See also section 416(2) of the **Criminal Procedure Act 2009** which provides that nothing in that Act requires the prosecution to disclose to the accused material which the prosecution is required or permitted to withhold under that or any other Act or any rule of law. *No relevant information, document or thing has been withheld from the hand-up brief because of a statutory prohibition or restriction on disclosure that has the effect of precluding disclosure to the prosecution or the defence. *Delete if not applicable Signature of relevant officer: Name and position of relevant officer: Address: Telephone: Email address: Date: **Note** This certificate must be completed by the informant or, if the informant did not investigate the offence that is the subject of the proceeding, the law enforcement officer who prepared the hand-up brief and it must be served with the hand-up brief. Schedule 4—Prescribed offences—section 127A of the Act Regulation 28 1 Common law 1.1 Manslaughter. 2 Crimes Act 1958 2.1 An offence against section 3A of the **Crimes Act 1958** (unintentional killing in the course or furtherance of a crime of violence). 2.2 An offence against section 5A of the **Crimes** **Act 1958** (child homicide). 2.3 An offence against section 5B of the **Crimes** **Act 1958** (homicide by firearm). 2.4 An offence against section 6 of the **Crimes** **Act 1958** (infanticide). 2.5 An offence against section 197A of the **Crimes Act 1958** (arson causing death). 3 Criminal Code Act 1995 of the Commonwealth 3.1 An offence against section 71.2 of the Criminal Code of the Commonwealth (murder of a UN or associated person). 3.2 An offence against section 71.3 of the Criminal Code of the Commonwealth (manslaughter of a UN or associated person). 3.3 An offence against section 80.1AC of the Criminal Code of the Commonwealth (treachery). 3.4 An offence against section 91.1(1) of the Criminal Code of the Commonwealth (espionage—dealing with information etc. concerning national security which is or will be communicated or made available to foreign principal). 3.5 An offence against section 91.6 of the Criminal Code of the Commonwealth (aggravated espionage offence). 3.6 An offence against section 101.1 of the Criminal Code of the Commonwealth (terrorist acts). 3.7 An offence against section 101.6 of the Criminal Code of the Commonwealth (other acts done in preparation for, or planning, terrorist acts). 3.8 An offence against section 103.1 of the Criminal Code of the Commonwealth (financing terrorism). 3.9 An offence against section 103.2 of the Criminal Code of the Commonwealth (financing a terrorist). 3.10 An offence against section 115.1 of the Criminal Code of the Commonwealth (murder of an Australian citizen or a resident of Australia). 3.11 An offence against section 115.2 of the Criminal Code of the Commonwealth (manslaughter of an Australian citizen or a resident of Australia). 3.12 An offence against section 119.1(1) of the Criminal Code of the Commonwealth (incursions into foreign countries with the intention of engaging in hostile activities). 3.13 An offence against section 119.1(2) of the Criminal Code of the Commonwealth (incursions into foreign countries with the intention of engaging in hostile activities). 3.14 An offence against section 119.4(1) of the Criminal Code of the Commonwealth (preparations for incursions into foreign countries for purpose of engaging in hostile activities). 3.15 An offence against section 119.4(2) of the Criminal Code of the Commonwealth (preparations for incursions into foreign countries for purpose of engaging in hostile activities). 3.16 An offence against section 119.4(3) of the Criminal Code of the Commonwealth (preparations for incursions into foreign countries for purpose of engaging in hostile activities). 3.17 An offence against section 119.4(4) of the Criminal Code of the Commonwealth (preparations for incursions into foreign countries for purpose of engaging in hostile activities). 3.18 An offence against section 119.4(5) of the Criminal Code of the Commonwealth (preparations for incursions into foreign countries for purpose of engaging in hostile activities). 3.19 An offence against section 119.5(1) of the Criminal Code of the Commonwealth (allowing use of buildings, vessels and aircraft to commit offences). 3.20 An offence against section 119.5(2) of the Criminal Code of the Commonwealth (allowing use of buildings, vessels and aircraft to commit offences). 3.21 An offence against section 268.3 of the Criminal Code of the Commonwealth (genocide by killing). 3.22 An offence against section 268.4 of the Criminal Code of the Commonwealth (genocide by causing serious bodily or mental harm). 3.23 An offence against section 268.5 of the Criminal Code of the Commonwealth (genocide by deliberately inflicting conditions of life calculated to bring about physical destruction). 3.24 An offence against section 268.6 of the Criminal Code of the Commonwealth (genocide by imposing measures intended to prevent births). 3.25 An offence against section 268.7 of the Criminal Code of the Commonwealth (genocide by forcibly transferring children). 3.26 An offence against section 268.8 of the Criminal Code of the Commonwealth (crime against humanity—murder). 3.27 An offence against section 268.9 of the Criminal Code of the Commonwealth (crime against humanity—extermination). 3.28 An offence against section 268.24 of the Criminal Code of the Commonwealth (war crime—wilful killing). 3.29 An offence against section 268.35 of the Criminal Code of the Commonwealth (war crime—attacking civilians). 3.30 An offence against section 268.37(1) of the Criminal Code of the Commonwealth (war crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission). 3.31 An offence against section 268.38(1) of the Criminal Code of the Commonwealth (war crime—excessive incidental death, injury or damage). 3.32 An offence against section 268.39 of the Criminal Code of the Commonwealth (war crime—attacking undefended places). 3.33 An offence against section 268.40(1) of the Criminal Code of the Commonwealth (war crime—killing or injuring a person who is *hors de combat*). 3.34 An offence against section 268.41 of the Criminal Code of the Commonwealth (war crime—improper use of a flag of truce). 3.35 An offence against section 268.42 of the Criminal Code of the Commonwealth (war crime—improper use of a flag, insignia or uniform of the adverse party). 3.36 An offence against section 268.43 of the Criminal Code of the Commonwealth (war crime—improper use of a flag, insignia or uniform of the United Nations). 3.37 An offence against section 268.44 of the Criminal Code of the Commonwealth (war crime—improper use of the distinctive emblems of the Geneva Conventions). 3.38 An offence against section 268.47(1) of the Criminal Code of the Commonwealth (war crime—mutilation). 3.39 An offence against section 268.48(1) of the Criminal Code of the Commonwealth (war crime—medical or scientific experiments). 3.40 An offence against section 268.49(1) of the Criminal Code of the Commonwealth (war crime—treacherously killing or injuring). 3.41 An offence against section 268.50 of the Criminal Code of the Commonwealth (war crime—denying quarter). 3.42 An offence against section 268.66(1) of the Criminal Code of the Commonwealth (war crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions). 3.43 An offence against section 268.70 of the Criminal Code of the Commonwealth (war crime—murder). 3.44 An offence against section 268.71(1) of the Criminal Code of the Commonwealth (war crime—mutilation). 3.45 An offence against section 268.76(2) of the Criminal Code of the Commonwealth (war crime—sentencing or execution without due process). 3.46 An offence against section 268.77 of the Criminal Code of the Commonwealth (war crime—attacking civilians). 3.47 An offence against section 268.78(1) of the Criminal Code of the Commonwealth (war crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions). 3.48 An offence against section 268.79(1) of the Criminal Code of the Commonwealth (war crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission). 3.49 An offence against section 268.90(1) of the Criminal Code of the Commonwealth (war crime—treacherously killing or injuring). 3.50 An offence against section 268.91 of the Criminal Code of the Commonwealth (war crime—denying quarter). 3.51 An offence against section 268.92(1) of the Criminal Code of the Commonwealth (war crime—mutilation). 3.52 An offence against section 268.93(1) of the Criminal Code of the Commonwealth (war crime—medical or scientific experiments). 3.53 An offence against section 268.97 of the Criminal Code of the Commonwealth (war crime—attack against works or installations containing dangerous forces resulting in excessive loss of life or injury to civilians). 3.54 An offence against section 268.98 of the Criminal Code of the Commonwealth (war crime—attacking undefended places or demilitarized zones). ═════════════ Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. The Criminal Procedure Regulations 2020, S.R. No. 134/2020 were made on 8 December 2020 by the Governor in Council under section 420 of the **Criminal Procedure Act 2009**, No. 7/2009 and came into operation on 13 December 2020: regulation 3. The Criminal Procedure Regulations 2020 will sunset 10 years after the day of making on 8 December 2030 (see section 5 of the **Subordinate Legislation Act 1994**). INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B). • Examples, diagrams or notes All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A). • Punctuation All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B). • Provision numbers All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the Criminal Procedure Regulations 2020 by statutory rules, subordinate instruments and Acts. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Criminal Procedure Amendment (Disclosure Certificates) Regulations 2022, S.R. No. 57/2022 | *Date of Making:* | 26.7.22 | | --- | --- | | *Date of Commencement:* | 1.10.22: reg. 3 | Criminal Procedure Amendment Regulations 2025, S.R. No. 104/2025 | *Date of Making:* | 14.10.25 | | --- | --- | | *Date of Commencement:* | 28.12.25: reg. 3 | ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details 1. Reg. 4(a): S.R. No. 169/2009 as amended by S.R. Nos 1/2011 and 46/2018. [↑](#endnote-ref-1) 2. Reg. 4(b): S.R. No. 1/2011. [↑](#endnote-ref-2) 3. Reg. 4(c): S.R. No. 46/2018. [↑](#endnote-ref-3)