CRIMES ACT 1900

Australian Capital Territory Current Acts

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CRIMES ACT 1900

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY

1. Name of Act
2. Application of Act
4. Dictionary
5. Meaning of loaded arms
6. Reference to the jury read as reference to magistrate
7. Notes
7A. Offences against Act—application of Criminal Code etc
8. Public place etc
9. Abolition of distinctions between felony and misdemeanour

PART 2--OFFENCES AGAINST THE PERSON

9A. Meaning of aggravated offence—pt 2
10. When child born alive
11. No time limit on criminal responsibility for homicide
12. Murder
13. Trial for murder—provocation
14. Trial for murder—diminished responsibility
15. Manslaughter
16. Suicide etc—not an offence
17. Suicide—aiding etc
18. Prevention of suicide
19. Intentionally inflicting grievous bodily harm
20. Recklessly inflicting grievous bodily harm
21. Wounding
22. Assault with intent to commit other offence
23. Inflicting actual bodily harm
24. Assault occasioning actual bodily harm
25. Causing grievous bodily harm
26. Common assault
26A. Assault of frontline community service provider
26B. Assault of frontline community service provider—alternative
27. Acts endangering life etc
28. Acts endangering health etc
28AA. Food or drink spiking
28A. Throwing etc objects at vehicles
28B. Discharging firearm at building or conveyance
29. Culpable driving of motor vehicle
29A. Driving motor vehicle at police
29B. Damaging police vehicle
30. Threat to kill
31. Threat to inflict grievous bodily harm
32. Demands accompanied by threats
33. Possession of object with intent to kill etc
34. Forcible confinement
35. Stalking
35A. Affray
35AA. Affray—alternative verdicts
35AB. Review—affray provisions
36. Torture
36A. Abuse of vulnerable person
36B. Failure to protect vulnerable person from criminal offence
36C. Neglect of vulnerable person
37. Abduction of young person
38. Kidnapping
39. Neglect etc of children
40. Unlawfully taking child etc
41. Exposing or abandoning child
42. Child destruction
43. Childbirth—grievous bodily harm
47. Concealment of birth
48. Misconduct with regard to corpses
48A. Aggravated offences—pt 2 offences against pregnant women
48B. Alternative verdicts for aggravated offences—pt 2 offences against pregnant
48C. Aggravated offences—pt 2 offences involving family violence
48D. Alternative verdicts for aggravated offences—offences involving family
49. Alternative verdicts for certain other offences against the person

PART 3--SEXUAL OFFENCES

50A. Objects—pt 3
50B. Meaning of consent—pt 3
50C. Meaning of sexual act—pt 3
50. Definitions—pt 3
51. Sexual assault in the first degree
52. Sexual assault in the second degree
53. Sexual assault in the third degree
54. Sexual intercourse without consent
55. Sexual intercourse with young person
55A. Sexual intercourse with young person under special care
56. Persistent sexual abuse of child or young person under special care
57. Act of indecency in the first degree
58. Act of indecency in the second degree
59. Act of indecency in the third degree
60. Act of indecency without consent
61. Acts of indecency with young people
61A. Act of indecency with young person under special care
61B. Intimate observations or capturing visual data etc
62. Incest and similar offences
63. Abduction
63A. Bestiality
64. Using child for production of child exploitation material etc
64A. Trading in child exploitation material
65. Possessing child exploitation material
66. Grooming and depraving young people
66AA. Failure to report child sexual offence
66AB. Making false report about child sexual offence
66A. Failure by person in authority to protect child or young person from sexual
66B. Course of conduct charge—child sexual offences
67. When a person does not consent to an act
67A. Words, actions and self-induced intoxication of accused person
68. Sexual intercourse—people not to be presumed incapable by reason of
69. Marriage no bar to conviction
70. Alternative verdicts for certain sexual offences
71. Adding count for act of indecency
72. Indictment for act of indecency
72AA. Aggravated offences—pt 3 offences involving family violence
72AB. Alternative verdicts for aggravated offences—offences involving family violence

PART 3A--INTIMATE IMAGE ABUSE

72A. Definitions—pt 3A
72B. Meaning of distribute—pt 3A
72C. Non-consensual distribution of intimate images
72D. Distribution of intimate image of young person
72E. Threaten to capture or distribute intimate images
72EA. Aggravated offences—pt 3A offences involving family violence
72EB. Alternative verdicts for aggravated offences—offences involving family violence
72F. Consent—pt 3A
72G. Exceptions for reasonable distribution
72H. Court may order rectification

PART 4--FEMALE GENITAL MUTILATION

73. Meaning of female genital mutilation for pt 4
74. Prohibition of female genital mutilation
75. Removal of child from ACT for genital mutilation
76. Exception—medical procedures for genuine therapeutic purposes
77. Exception—sexual reassignment procedures

PART 5--SEXUAL SERVITUDE

78. Meaning of sexual servitude and sexual services for pt
79. Sexual servitude offences
80. Deceptive recruiting for sexual services
81. Sexual servitude offence etc against person younger than 18 years—charges
82. Alternative verdicts—sexual servitude offence etc

PART 6--OFFENCES RELATING TO PROPERTY

Division 6.2A--Money laundering and organised fraud

114A. Definitions for div 6.2A
114B. Money laundering
114C. Possession etc of property suspected of being proceeds of crime
114D. Organised fraud

Division 6.3--Criminal damage to property

115. Interpretation for div 6.3
116. Destroying or damaging property
117. Arson
119. Defacing premises
120. Defacing premises––strict liability
122. Untrue representations
123. Alternative verdicts—criminal damage to property offences

Division 6.6--Contamination of goods and related offences

135. Definitions of contaminate and goods
136. Meaning of economic loss
137. Contaminating goods with intent to cause public alarm or economic loss
138. Threatening to contaminate goods with intent to cause public alarm or economic
139. Making false statements about contamination of goods with intent to cause public alarm
140. Territorial nexus for offences

Division 6.7--Offences relating to causing public alarm

140A. Acting with intent to cause public alarm
140B. Threatening to act with intent to cause public alarm
140C. Making false statements with intent to cause public alarm
140D. Territorial nexus for offences

Division 6.8--Miscellaneous

141. Hindering working of mines
142. Removal of sea banks etc
143. Obstructing navigation of rivers
144. Offences in relation to railways
145. Obstructing railway engines
146. Alternative verdict
147. Displaying false signals
148. Removing or concealing buoys etc
151. Forcible entry on land
152. Forcible detainer of land
153. Disclosure of information by territory officer
154. Additional offences on territory premises

PART 7--ESCAPE PROVISIONS

158. Meaning of detention during pleasure
159. Aiding prisoner to escape
160. Escaping
161. Rescuing a prisoner from custody etc
162. Person unlawfully at large
163. Permitting escape
164. Harbouring etc escapee
166. Failure to answer bail etc—offence

PART 8--ANABOLIC STEROIDS

170. Meaning of anabolic steroid
171. Prescribing and supplying anabolic steroids
172. Possessing anabolic steroids
173. Administering anabolic steroids

PART 9--EXCLUSION POWERS

174. Definitions—pt 9
175. Exclusion direction
176. Exclusion zone
177. Exclusion direction—information to be given
178. Exclusion direction—information to be recorded
179. Failing to comply with exclusion direction

PART 10--CRIMINAL INVESTIGATION

Division 10.1--Preliminary

185. Definitions for pt 10
185A. Search of transgender or intersex person
186. Application of pt 10
187. Application of Cwlth Crimes Act, pt 1C

Division 10.2--Preventative action

188. Police powers of entry
189. Issue of warrant
190. Entry in emergencies
191. Seizure of firearms—warrants and emergencies
192. Seizure of firearms—protection orders
193. Power to conduct search of person for knife

Division 10.3--Search warrants

194. When search warrants can be issued
194A. Electronic versions of affidavits and warrants
195. The things that are authorised by search warrant
196. Availability of assistance and use of force in executing warrant
197. Details of warrant to be given to occupier etc
198. Specific powers available to police officers executing warrant
199. Use of equipment to examine or process things
200. Use of electronic equipment at premises
201. Compensation for damage to electronic equipment
202. Copies of seized things to be provided
203. Occupier entitled to be present during search
204. Receipts for things seized under warrant
205. Warrants by telephone or other electronic means
206. Restrictions on personal searches

Division 10.4--Powers to stop and search

207. Stopping, searching and detaining people
208. How a police officer exercises a power under s 207
209. Stopping, searching and detaining conveyances
210. How a police officer exercises a power under s 209

Division 10.4A--Crime scene powers

210A. Definitions—div 10.4A
210B. Meaning of public place—div 10.4A
210C. Establish crime scene—public place
210D. Establish crime scene—private premises
210E. When crime scene established
210F. Senior police officer to be told about crime scene
210G. Crime scene powers
210H. Crime scene—duration
210I. Crime scene—frequency
210J. Crime scene obligations—all places
210K. Crime scene obligations—conveyances
210L. Offence—fail to comply with direction

Division 10.5--Arrest and related matters

211. Requirement to provide name etc
212. Power of arrest without warrant by police officers
213. Arrest without warrant in possession
214. Arrest of prisoner unlawfully at large
217. Arrest without warrant for offences committed outside ACT
218. Power of arrest without warrant by other persons
219. Warrants for arrest
220. Power to enter premises to arrest offender
221. Use of force in making arrest
222. Persons to be informed of grounds of arrest
223. Power to conduct frisk search of arrested person
224. Power to conduct ordinary search of arrested person
225. Power to conduct search of arrested person's premises
226. Power to conduct search at police station
227. Power to conduct strip search
228. Rules for conduct of strip search
229. Safekeeping of things seized
230. Identification material—person at least 18 years old
230A. Identification material—person under 18 years old
231. Destruction of identification material
232. Offence—refusing to allow fingerprint or photo to be taken
233. Identification parades—general
234. Identification parades for suspects under 18 etc
235. Identification by means of photographs
236. Identification procedures if more than 1 suspect
237. Descriptions
238. Examination

Division 10.6--General

239. Assisting officers—search and arrest of persons
240. Conduct of ordinary searches and frisk searches
241. Announcement before entry
242. Offence of making false statements in warrants
243. Offences relating to telephone warrants
244. Return of seized knife or thing
245. Magistrates Court may permit thing to be retained
247. Laws relating to taking forensic samples not affected
248. Forfeiture of knife
249. Seizure of forfeited articles
250. Disposal of forfeited articles by public trustee
252. When case not to be proceeded with gaoler to discharge prisoner on certificate from

Division 10.7--Particular provisions for children

Subdivision 10.7.1--Arrest of children under the age of criminal
responsibility

252A. Warrant for arrest of child under the age of criminal
252B. Arrest of child under the age of criminal responsibility—without
252C. Police action after arresting child under the age of criminal

Subdivision 10.7.2--Preliminary procedures in relation to children and young
people

252D. Definitions—subdiv 10.7.2
252E. Meaning of under restraint
252F. Meaning of in the company of a police officer
252G. Interviewing children and young people about offences
252H. Interviewing children and young people about offences—urgent
252I. Parents etc to be told if children and young people under restraint
252J. Police to summons young people unless ineffective
252K. Parents etc to be told if young people charged

Division 10.8--Investigations relating to acquittals

252L. Authorisation of police investigations—acquitted person

Division 10.9--Fortification of premises

252M. Definitions—div 10.9
252N. Fortification removal order—application for order or variation
252O. Fortification removal order
252P. Fortification removal order—length
252Q. Fortification removal order—compliance period
252R. Fortification removal order—inspection
252S. Fortification removal order—removal by police
252T. Fortification inspection order—application for order or variation
252U. Fortification inspection order
252V. Fortification inspection order—length
252W. Fortification inspection order—inspection
252X. Exercising powers—announce entry and explain purpose
252Y. Exercising powers—occupier entitled to be present during
252Z. Exercising powers—use reasonable force
252ZA. Premises must not be fortified
252ZB. Fortification must not be replaced or restored
252ZC. Protection from liability
252ZD. Chief police officer delegations

PART 11--INVESTIGATION OF EXTRATERRITORIAL OFFENCES

253. Interpretation for pt 11
254. Declaration of corresponding law
255. Issue of search warrants
256. Authority given by search warrant
257. Offence of hindering execution of search warrant
258. Ministerial arrangements for transmission and return of objects seized under pt 11 or

PART 12--PROCEDURE, EVIDENCE, VERDICT ETC

260. What defects do not vitiate indictment
261. Formal objections—when to be taken
262. Judgment on demurrer to indictment
263. Traversing indictment
264. Orders for amendment of indictment, separate trial and postponement of
265. Amended indictment
266. Verdict and judgment valid after amendment
267. Form of record after amendment
268. Respiting undertakings on postponement
269. Separate offences—when can be joined
270. Accessories may be charged together in 1 indictment
271. Indictment charging previous offence also
272. Property of partners or joint owners
273. Description of written instruments
274. General averment of intent to defraud or injure
275. Indictment for murder or manslaughter
276. Form of indictment against accessories to murder
277. Addition of count for assault
279. Indictments for conspiracy
280. Arraignment etc on charge of previous conviction
280A. Treason trials
281. Plea of not guilty
282. Refusal to plead
283. Plea of autrefois convict etc
284. Practice as to entering the dock
285. Accused may be defended by lawyer
286. Right to inspect depositions on trial
287. Power of judge to record verdict of acquittal
288. Notice of alibi
289. Abolition of presumption of marital coercion
290. Incriminating statements admissible though on oath
291. Evidence of previous conviction charged in indictment
292. Proof of lawful authority or excuse
294. Order of closing addresses
295. Witnesses in mitigation
296. Conviction for alternative offence
297. After trial for offence, if alternative verdict possible, no further
298. On trial for any offence—verdict of attempt
299. Multiple alternative verdicts

PART 13--UNFITNESS TO PLEAD AND MENTAL IMPAIRMENT

Division 13.1--Preliminary

300. Definitions for pt 13
301. Limitation on orders and detention—non-acquittals
302. Limitation on orders and detention—acquittals
303. Limitation on Supreme Court orders
304. Limitation on orders and detention—dismissal of charge
305. Limitation on orders and detention—Magistrates Court
306. Limitation on Magistrates Court orders
307. How relevant court may inform itself
308. Criteria for detention
309. Assessment whether emergency detention required

Division 13.2--Unfitness to plead

310. Application of div 13.2
311. When a person is unfit to plead
312. Presumption of fitness to plead, standard of proof etc
313. Who can raise question of unfitness to plead
314. Procedure if question raised
315. Procedure if question reserved for investigation
315A. Investigation into fitness to plead
315B. Person found fit to plead
315C. Person found unfit to plead and unlikely to become fit to plead
315D. Person found temporarily unfit to plead
316. Special hearing
317. Verdicts available at special hearing
318. Non-acquittal at special hearing—non-serious offence
319. Non-acquittal at special hearing—serious offence
319A. Action if accused becomes fit to plead after special hearing

Division 13.3--Supreme Court—special verdict of not guilty because of mental impairment

321. Supreme Court—plea of not guilty because of mental impairment
322. Explanation to jury
323. Supreme Court orders following special verdict of not guilty because of mental
324. Supreme Court orders following special verdict of not guilty because of mental

Division 13.4--Magistrates Court—finding of not guilty because of mental impairment

325. Meaning of serious offence in div 13.4
327. Magistrates Court—plea of not guilty because of mental impairment
328. Magistrates Court orders following finding of not guilty because of mental
329. Magistrates Court orders following finding of not guilty because of mental

Division 13.5--Referring people with mental impairment to ACAT after conviction

330. Application of div 13.5
331. Referral to ACAT

Division 13.6--Summary proceedings against mentally impaired people

332. Application of div 13.6
333. Indictable offences heard and determined summarily
334. Powers of Magistrates Court
335. Fitness to plead—Magistrates Court
335A. Action if accused becomes fit to plead after hearing
336. How Magistrates Court may be informed

PART 16--PROCEEDINGS AFTER SENTENCE

367. Procedure on forfeiture
371. What not sufficient to stay or reverse judgment
372. Pronouncing proper judgment
373. New trials regulated

PART 17--OFFENCES PUNISHABLE SUMMARILY AND SUMMARY PROCEDURE GENERALLY

374. Summary disposal of certain cases at prosecutor's election
375. Summary disposal of certain cases—Magistrates Court
375AA. Summary disposal of certain cases—Childrens Court
375A. Withdrawal of consent to summary disposal of case
376. Saving of other summary jurisdiction
377. Certificate of dismissal
378. Summary conviction or dismissal bar to indictment
379. Misbehaviour at public meetings
380. Possession of offensive weapons and disabling substances
381. Possession of offensive weapons and disabling substances with intent
382. Possession of knife in public place or school
383. Sale of knife to person under 16
384. Retail supplier of knives to display sign
385. Laying of poison
387. Making false invoice
388. Application of compensation
389. Obstruction of stream etc
390. Entrance to cellars etc
391. Fighting
392. Offensive behaviour
393. Indecent exposure
393A. Urinating in public place
394. Noise abatement directions
395. Bogus advertisements
396. Public mischief
397. Apprehended violence or injury—recognisance to keep the peace etc
398. Alternative methods of proceeding before magistrate
399. General averment of intent to defraud or injure

PART 20--INQUIRIES INTO CONVICTIONS

Division 20.1--Preliminary

421. Definitions for pt 20

Division 20.2--How to start inquiry

422. Grounds for ordering inquiry
423. Executive order for inquiry
424. Supreme Court order for inquiry
425. Rights and duties in relation to orders for inquiry

Division 20.3--Inquiry procedure

426. Application of Inquiries Act
427. Appointment of board of inquiry
428. Report by board

Division 20.4--Supreme Court orders following inquiry report

429. Publication of report
430. Action on report by Supreme Court

Division 20.5--Application to earlier convictions

432. Inquiries about earlier convictions

PART 22--MISCELLANEOUS

434A. Application of certain sections of Commonwealth Crimes Act to territory
434B. Joinder of charges
434C. Aggravated offence may allege more than 1 factor of aggravation
435. Protection of persons acting under Act
437. Power of courts to bring detainees before them
438. Witnesses neglecting to attend trial and captured under warrant may be admitted to
439. Offence of criminal defamation
440. Prosecutions for blasphemy
441. Retrospective repeal of limitation period on criminal proceeding for particular sexual
441A. Criminal proceedings not allowed by section 441
441B. Retrospective application of repealed alternative verdict provision for carnal
442. Change of venue
442A. Record of youth offence particulars not to be disclosed in court
442D. Review—pt 3
443. Approved forms
444. Regulation-making power

PART 33--TRANSITIONAL--JUSTICE (AGE OF CRIMINAL RESPONSIBILITY) LEGISLATION AMENDMENT ACT 2023

Division 33.1--General

622. Definitions—pt 33
623. Transitional regulations
624. Expiry—pt 33

Division 33.2--Ending action etc for youth offences

625. Application—div 33.2
626. Law enforcement action
627. Criminal procedures, proceedings and sentences
628. Destruction of forensic material etc
629. Release of person from custody

Division 33.3--Validity of past criminal justice action

630. Meaning of criminal justice action—div 33.3
631. Past lawful acts not affected
632. Protection from liability
633. No entitlement to compensation etc
SCHEDULE 1
DICTIONARY
ENDNOTES

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