sec.5AA.10Prosecuting authority to notify commissioner about committal, conviction etc.

### sec.5AA.10 Prosecuting authority to notify commissioner about committal, conviction etc. This section applies if a person is charged with an indictable offence and the director of public prosecutions is aware that the person is engaged by the service. The director of public prosecutions must give the commissioner written notice of the person’s name and the following particulars within 7 days after the director of public prosecutions becomes aware of the particulars— if the person is committed by a court for trial for an indictable offence— the court committing the person for trial; and particulars of the offence with which the person is charged; and the date of the committal; and the court to which the person was committed; if the person is convicted before the Supreme Court or the District Court of an indictable offence— the court convicting the person; and particulars of the offence; and the date of the conviction; and the sentence imposed by the court; if the person is convicted of an indictable offence, and has appealed the conviction, and the appeal is finally decided or has otherwise ended— particulars of the offence of which the person is convicted; and the date the appeal was decided or otherwise ended; and if the appeal was decided— the court in which it was decided; and particulars of the decision; if the prosecution process ends without the person being convicted of an indictable offence— if relevant—the court in which the prosecution process ended; and particulars of the offence with which the person was charged; and the date the prosecution process ended. For subsection (2) (d) , a prosecution process ends if— an indictment is presented against the person and— a nolle prosequi is entered on the indictment; or the person is acquitted; or the prosecution process has otherwise ended. A reference in this section to a conviction of an indictable offence includes a summary conviction of an indictable offence. Subsection (1) does not apply if the person is charged by a police officer. Subsection (2) (a) does not apply if the prosecutor appearing is a police officer. Subsection (2) (d) does not apply if the prosecution process ends while a police officer is in charge of the prosecution. s 5AA.10 ins 2003 No. 92 s 32 (sec.5AA.10-ssec.1) This section applies if a person is charged with an indictable offence and the director of public prosecutions is aware that the person is engaged by the service. (sec.5AA.10-ssec.2) The director of public prosecutions must give the commissioner written notice of the person’s name and the following particulars within 7 days after the director of public prosecutions becomes aware of the particulars— if the person is committed by a court for trial for an indictable offence— the court committing the person for trial; and particulars of the offence with which the person is charged; and the date of the committal; and the court to which the person was committed; if the person is convicted before the Supreme Court or the District Court of an indictable offence— the court convicting the person; and particulars of the offence; and the date of the conviction; and the sentence imposed by the court; if the person is convicted of an indictable offence, and has appealed the conviction, and the appeal is finally decided or has otherwise ended— particulars of the offence of which the person is convicted; and the date the appeal was decided or otherwise ended; and if the appeal was decided— the court in which it was decided; and particulars of the decision; if the prosecution process ends without the person being convicted of an indictable offence— if relevant—the court in which the prosecution process ended; and particulars of the offence with which the person was charged; and the date the prosecution process ended. (sec.5AA.10-ssec.3) For subsection (2) (d) , a prosecution process ends if— an indictment is presented against the person and— a nolle prosequi is entered on the indictment; or the person is acquitted; or the prosecution process has otherwise ended. (sec.5AA.10-ssec.4) A reference in this section to a conviction of an indictable offence includes a summary conviction of an indictable offence. (sec.5AA.10-ssec.5) Subsection (1) does not apply if the person is charged by a police officer. (sec.5AA.10-ssec.6) Subsection (2) (a) does not apply if the prosecutor appearing is a police officer. (sec.5AA.10-ssec.7) Subsection (2) (d) does not apply if the prosecution process ends while a police officer is in charge of the prosecution. - (a) if the person is committed by a court for trial for an indictable offence— (i) the court committing the person for trial; and (ii) particulars of the offence with which the person is charged; and (iii) the date of the committal; and (iv) the court to which the person was committed; - (i) the court committing the person for trial; and - (ii) particulars of the offence with which the person is charged; and - (iii) the date of the committal; and - (iv) the court to which the person was committed; - (b) if the person is convicted before the Supreme Court or the District Court of an indictable offence— (i) the court convicting the person; and (ii) particulars of the offence; and (iii) the date of the conviction; and (iv) the sentence imposed by the court; - (i) the court convicting the person; and - (ii) particulars of the offence; and - (iii) the date of the conviction; and - (iv) the sentence imposed by the court; - (c) if the person is convicted of an indictable offence, and has appealed the conviction, and the appeal is finally decided or has otherwise ended— (i) particulars of the offence of which the person is convicted; and (ii) the date the appeal was decided or otherwise ended; and (iii) if the appeal was decided— (A) the court in which it was decided; and (B) particulars of the decision; - (i) particulars of the offence of which the person is convicted; and - (ii) the date the appeal was decided or otherwise ended; and - (iii) if the appeal was decided— (A) the court in which it was decided; and (B) particulars of the decision; - (A) the court in which it was decided; and - (B) particulars of the decision; - (d) if the prosecution process ends without the person being convicted of an indictable offence— (i) if relevant—the court in which the prosecution process ended; and (ii) particulars of the offence with which the person was charged; and (iii) the date the prosecution process ended. - (i) if relevant—the court in which the prosecution process ended; and - (ii) particulars of the offence with which the person was charged; and - (iii) the date the prosecution process ended. - (i) the court committing the person for trial; and - (ii) particulars of the offence with which the person is charged; and - (iii) the date of the committal; and - (iv) the court to which the person was committed; - (i) the court convicting the person; and - (ii) particulars of the offence; and - (iii) the date of the conviction; and - (iv) the sentence imposed by the court; - (i) particulars of the offence of which the person is convicted; and - (ii) the date the appeal was decided or otherwise ended; and - (iii) if the appeal was decided— (A) the court in which it was decided; and (B) particulars of the decision; - (A) the court in which it was decided; and - (B) particulars of the decision; - (A) the court in which it was decided; and - (B) particulars of the decision; - (i) if relevant—the court in which the prosecution process ended; and - (ii) particulars of the offence with which the person was charged; and - (iii) the date the prosecution process ended. - (a) an indictment is presented against the person and— (i) a nolle prosequi is entered on the indictment; or (ii) the person is acquitted; or - (i) a nolle prosequi is entered on the indictment; or - (ii) the person is acquitted; or - (b) the prosecution process has otherwise ended. - (i) a nolle prosequi is entered on the indictment; or - (ii) the person is acquitted; or