National Security Information (Criminal and Civil Proceedings) Act 2004
13Meaning of criminal proceeding
Start here
Get a plain-English read of 13
Turn the raw legal text into a practical explanation grounded in National Security Information (Criminal and Civil Proceedings) Act 2004.
13 Meaning of criminal proceeding
(1) In this Act, criminal proceeding means a proceeding for the prosecution, whether summarily or on indictment, of an offence or offences. (2) To avoid doubt, each of the following is part of a criminal proceeding: (a) a bail proceeding; (b) a committal proceeding; (c) the discovery, exchange, production, inspection or disclosure of intended evidence, documents or reports; (d) a sentencing proceeding; (e) an appeal proceeding; (f) a proceeding with respect to any matter in which a person seeks a writ of mandamus or prohibition or an injunction against an officer or officers of the Commonwealth (within the meaning of subsection 39B(1B) of the Judiciary Act 1903) in relation to: (i) a decision to prosecute a person for one or more offences against a law of the Commonwealth; or (ii) a related criminal justice process decision (within the meaning of subsection 39B(3) of that Act); (g) any other pre‑trial, interlocutory or post‑trial proceeding prescribed by regulations for the purposes of this paragraph. (3) To avoid doubt, a re‑trial, and proceedings relating to the re‑trial (including those mentioned in subsection (2)), are part of the same criminal proceeding as the trial.