New South Wales Consolidated Acts
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CRIMINAL PROCEDURE ACT 1986 - SECT 3
(1) In this Act, except in so far as the context or subject-matter otherwise
indicates or requires--
"accused person" includes, in relation to summary offences, a defendant and,
in relation to all offences (where the subject-matter or context allows or
requires), an Australian legal practitioner representing an accused person.
"apprehended violence order" has the same meaning as in the
Crimes (Domestic and Personal Violence) Act 2007 .
"authorised officer" means--
(a) a registrar of a court, or
(b) an employee
of the Attorney General's Department authorised by the Attorney General as an
authorised officer for the purposes of this Act.
"bail" has the same meaning as it has in the Bail Act 2013 .
"case conference" means a conference held under Division 5 of Part 2 of
"case conference certificate" means a case conference certificate required to
be completed and filed under Division 5 of Part 2 of Chapter 3.
"case conference material" --see section 78 (5).
"charge certificate" --see section 66 (1).
"Chief Magistrate" means the Chief Magistrate of the Local Court appointed
under the Local Court Act 2007 .
"committal proceedings" means proceedings before a Magistrate for the purpose
of committing a person charged with an indictable offence for trial or
(a) the Supreme Court, the Court of Criminal Appeal, the Land
and Environment Court, the District Court or the Local Court, or
other court that, or person who, exercises criminal jurisdiction, but, subject
to the Children (Criminal Proceedings) Act 1987 , does not include the
Children's Court or any other court that, or person who, exercises the
functions of the Children's Court.
"Court of Coal Mines Regulation" means the Court of Coal Mines Regulation
established under the Coal Mines Regulation Act 1982 .
"domestic violence complainant" , in proceedings for a
domestic violence offence, means the person against whom the
domestic violence offence is alleged to have been committed, but does not
include a person who is a vulnerable person.
"domestic violence offence" means a domestic violence offence within the
meaning of the Crimes (Domestic and Personal Violence) Act 2007 .
"exercise" a function includes perform a duty.
"function" includes a power, authority or duty.
"indictable offence" means an offence (including a common law offence) that
may be prosecuted on indictment.
"Industrial Magistrate" means an Industrial Magistrate appointed under the
Industrial Relations Act 1996 .
"intervention plan" --see section 346.
"intervention program" --see section 346.
"offence" means an offence against the laws of the State (including a common
"plea offer" --see section 77 (1).
"prescribed sexual offence" means--
(a) an offence under section 43B, 45, 45A,
61B, 61C, 61D, 61E, 61I, 61J, 61JA, 61K, 61KC, 61KD, 61KE, 61KF, 61L, 61M,
61N, 61O, 63, 65, 65A, 66, 66A, 66B, 66C, 66D, 66DA, 66DB, 66DC, 66DD, 66DE,
66DF, 66EA, 66EB, 66EC, 66F, 67, 68, 71, 72, 72A, 73, 73A, 74, 76, 76A, 78A,
78B, 78H, 78I, 78K, 78L, 78M, 78N, 78O, 78Q, 79, 80, 80A, 80D, 80E, 81, 81A,
81B, 87, 89, 90, 90A, 91, 91A, 91B, 91D, 91E, 91F, 91G, 316 (if the concealed
serious indictable offence is a prescribed sexual offence) or 316A of the
Crimes Act 1900 , or
(b) an offence that, at the time it was committed, was
a prescribed sexual offence for the purposes of this Act or the Crimes Act
1900 , or
(c) an offence (including an offence under section 86 of the
Crimes Act 1900 ) that includes the commission of, or an intention to commit,
an offence referred to in paragraph (a) or (b), or
(d) an offence of
attempting, or of conspiracy or incitement, to commit an offence referred to
in paragraph (a), (b) or (c).
"prescribed summary offence" has the same meaning as in the
Director of Public Prosecutions Act 1986 .
"prosecutor" means the Director of Public Prosecutions or other person who
institutes or is responsible for the conduct of a prosecution and includes
(where the subject-matter or context allows or requires) an Australian legal
practitioner representing the prosecutor.
"public officer" means any of the following persons, if acting in an official
(a) an employee in the Public Service or the NSW Police Force,
an officer or employee of a statutory body representing the Crown,
employee of a council within the meaning of the Local Government Act 1993 ,
(d) a member of staff of Local Land Services,
(e) the Director of Public
Prosecutions, Deputy Director of Public Prosecutions or Solicitor for Public
(f) an officer or employee of a body declared by the
regulations to be a public body for the purposes of this definition.
"recorded statement" --see section 289D.
"regulations" means regulations under this Act.
"Rule Committee" for a court means a person or body having power to make rules
for the court.
"rules" means rules made for the purposes of a court to which the relevant
"sexual offence witness" has the same meaning as in section 294D.
"summary offence" means an offence that is not an indictable offence.
"trial Judge" means the Judge before whom trial proceedings, following
empanelment of a jury in proceedings on indictment, are heard.
"vulnerable person" has the same meaning as it has in Part 6 of Chapter 6.
Note : The Interpretation Act 1987 contains definitions and other provisions
that affect the interpretation and application of this Act.
included in this Act are explanatory notes and do not form part of this Act.
(3) In the absence of evidence to the contrary, a person specified in
paragraphs (a)-(f) of the definition of
"public officer" who purports to exercise a function as a public officer under
this Act is presumed to be acting in an official capacity.
(4) In this Act, a
reference to the
"empanelment of a jury" is, in the case of a trial by a Judge alone, taken to
be a reference to the point in time when the Judge first assumes the role of
the tribunal of fact.
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