Queensland Consolidated Acts

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CRIME AND CORRUPTION ACT 2001 - SECT 331

Effect of pending proceedings

331 Effect of pending proceedings

(1) The commission may do any or all of the following, despite any proceeding that may be in or before a court, tribunal, warden, coroner, magistrate, justice or other person—
(a) commence, continue, discontinue or complete an investigation or hearing or any part or aspect of the investigation or hearing;
(b) give a report in relation to the investigation or hearing or any part or aspect of the investigation or hearing;
(c) an act or thing that is necessary or expedient for a purpose mentioned in paragraph (a) or (b) .
(2) If the proceeding is a proceeding for an indictable offence and is conducted by or for the State, the commission must, if failure to do so might prejudice the accused’s right to a fair trial, do 1 or more of the following—
(a) conduct any hearing relating to an investigation as a closed hearing during the currency of the proceeding;
(b) give a direction under section 202 to have effect during the currency of the proceeding;
(c) make an order under section 180 (3) .
(3) This section has effect whether or not the proceeding commenced before or after the commission’s investigation started and has effect whether or not the commission or a commission officer is a party to the proceeding.
(4) To remove any doubt, it is declared that—
(a) a proceeding for a criminal offence is in or before a court from the moment the charge is laid for the offence; and
(b) under subsection (1) , the commission may, for the investigation or hearing, require a person or witness to answer a question, or produce a document or thing, that is relevant to a proceeding brought against the person or witness for a criminal offence.
Example for paragraph (b)—
The commission may require a person to attend a commission hearing to answer a question about a matter relating to a criminal offence for which the person has been charged.



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