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CRIMINAL PROCEDURE ACT 2004


TABLE OF PROVISIONS

           Long Title

   PART 1 -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   3.      Terms used
            
   4A.     Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies

   PART 2 -- Dealing with alleged offenders without prosecuting them  

   4.      Terms used
            
   5.      Prescribed offences and modified penalties for them
            
   6.      Other matters to be prescribed by prescribed Acts
            
   7.      Authorised and approved officers
            
   8.      Issuing infringement notices
            
   9.      Form and content of infringement notices
            
   10.     Service of infringement notices
            
   11.     Terms used in s. 11 to
            
           12. Vehicle offences, infringement notices for
            
   13.     Vehicle offences, onus of responsible person
            
   14.     Extensions of time
            
   15.     Withdrawal of infringement notices
            
   16.     Modified penalty, effect of paying
            
   17.     Modified penalty, application of

   PART 3 -- Prosecutions in courts of summary jurisdiction

           Division 1 -- Preliminary  

   18.     Terms used
            
   19.     Application of this Part

           Division 2 -- Commencing and discontinuing a prosecution  

   20.     Who can commence prosecution
            
   21.     When prosecution can be commenced
            
   22.     Where prosecution may be commenced
            
   23.     Prosecution notice, formal requirements of
            
   24.     Prosecution notice, lodgment of
            
   25.     Discontinuing prosecution

           Division 3 -- Notifying the accused of a prosecution  

   26.     Accused’s general entitlement to prosecution notice
            
   27.     Accused in custody, entitlement to prosecution notice
            
   28.     Accused not in custody, procedural options
            
   29.     Corporation, procedural options
            
   30.     Summons, court hearing notice or warrant, issue of
            
   31.     Warrant for accused’s arrest, contents etc.
            
   32.     Summons to accused, contents and service of
            
   33.     Court hearing notice, contents and service of
            
   34.     Summons etc., amendment of date if not served
            
   35.     Initial disclosure by prosecutor

           Division 4 -- Procedure on charge of indictable offence  

   36.     Terms used
            
   37.     Application of this Division
            
   38.     No appearance by party
            
   39.     Initial procedure
            
   40.     Either way charges
            
   41.     Charges that are to be tried on indictment
            
   42.     Full disclosure by prosecutor
            
   43.     Administrative committals
            
   44.     Disclosure/committal hearing, procedure on
            
   45.     Committal, prosecutor’s duties after
            
   46.     Committal for sentence after conviction, procedure on
            
   47.     Committal for sentence or trial, matters to be recorded

           Division 5 -- Procedure on charge of simple offence  

   48.     Application of this Division
            
   49.     Written plea, court to advise prosecutor
            
   50.     Written plea of not guilty
            
   51.     Written plea of guilty
            
   52.     No appearance by any party and no plea received
            
   53.     No appearance by any party but plea received
            
   54.     No appearance by prosecutor
            
   55.     No appearance by accused and no plea of guilty
            
   56.     Conviction of absent accused, sentencing procedure on

           Division 6 -- Procedure for dealing summarily with any charge  

   57.     Application of this Division
            
   58.     Appearance by both prosecutor and accused, procedure on
            
   59.     Initial procedure, pleading
            
   60.     Plea of not guilty, procedure on
            
   61.     Disclosure by prosecutor
            
   62.     Disclosure by accused of certain matters in certain cases
            
   63.     Non-disclosure, consequences of
            
   64.     Issues that may be dealt with before trial
            
   65.     Trials, procedure on
            
   66.     Trial on the papers
            
   67.     Costs
            
   68.     Court must record its decision
            
   69.     Conviction and sentence, accused to be notified of

           Division 7 -- Setting aside decisions made in the absence of a party  

   70.     Term used: decision
            
   71.     Making application to set aside
            
   72.     Dealing with application to set aside
            
   73.     Court may set aside decision on its own initiative
            
   74.     Effect of decisions under s. 72 or

           Division 8 -- Miscellaneous  

   75.     Adjourning charges
            
   76.     Staying prosecution permanently
            
   77.     M Video or audio link, use of when accused in custody etc.
            
   78.     Exceptions etc., proof of in simple offences
            
   79.     Dismissing charge for want of prosecution, consequences of

   PART 4 -- Prosecutions in superior courts

           Division 1 -- Preliminary  

   80.     Terms used
            
   81.     Application of this Part
            
   82.     Court may act on its own initiative etc.

           Division 2 -- Commencing and discontinuing a prosecution  

   83.     How prosecution is commenced
            
   84.     Where prosecution may be commenced
            
   85.     Indictments, formal requirements and service of
            
   86.     Accused not committed may be arrested etc.
            
   86A.    Remitting charges to summary courts
            
   87.     Discontinuing prosecution

           Division 3 -- General matters  

   88.     Accused’s presence, when required
            
   89.     Adjourning cases
            
   90.     Staying prosecution permanently
            
   91.     Accused may be required to plead at any time
            
   92.     Plea of not guilty, consequences of
            
   93.     Plea of not guilty on account of unsoundness of mind, dealing with

           Division 4 -- Pre-trial matters  

   94.     Court may order prosecutor to commence prosecution etc.
            
   95.     Disclosure by prosecutor
            
   96.     Disclosure by accused of certain matters
            
   97.     Non-disclosure, consequences of
            
   98.     Issues that may be dealt with before trial

           Division 5 -- Committals for sentence  

   99.     Unconvicted accused committed for sentence, procedure on
            
   100.    Convicted accused committed for sentence, procedure on

           Division 6 -- Trial by jury  

   101.    Application of this Division
            
   102.    When juror is sworn
            
   103.    Accused to be told of right to challenge jurors
            
   104.    Challenging jurors
            
   105.    Jurors to be sworn
            
   106.    Jury to be informed of certain matters
            
   107.    Plea of guilty after jury is sworn
            
   108.    No case to answer, judge may acquit accused
            
   109.    View by jury
            
   110.    Jury may be given records etc. to assist understanding
            
   111.    Jury not to separate or communicate with others
            
   112.    Judge to address jury before it deliberates
            
   113.    Special verdict may be required
            
   114.    Jury’s verdict to be unanimous except in some cases
            
   115.    Discharging juror
            
   116.    Discharging jury

           Division 7 -- Trial by judge alone  

   117.    Application of this Division
            
   118.    Trial by judge alone without jury may be ordered
            
   119.    Law and procedure to be applied
            
   120.    Judge’s verdict and judgment

           Division 8 -- Miscellaneous  

   121.    Sentences etc. may be stayed pending appeal
            
   122.    Incapacity of judge
            
   123.    No fees or costs
            
   124.    Rules of court

   PART 5 -- Provisions applicable to any prosecution

           Division 1 -- Preliminary  

   125.    Application of PART

           Division 2 -- Pleas and related matters  

   126.    Pleas available to charges
            
   127.    Plea of no jurisdiction etc., dealing with
            
   128.    Plea of no jurisdiction etc., consequences if upheld
            
   129.    Plea of guilty, procedure on

           Division 3 -- General procedural matters  

   130.    Mental fitness of accused to stand trial
            
   131.    Unclear charge, court may order particulars etc.
            
   132.    Amending charges etc.
            
   133.    Separate trials, court may order
            
   134.    Separate prosecutions may be dealt with together
            
   135.    Venue, change of
            
   136.    Trial date, court may set on application of party
            
   137.    Case management powers
            
   137A.   Prosecution disclosure requirements, exceptions to
            
   138.    Disclosure requirements, orders as to
            
   139.    Accused’s appearance, court’s powers to compel
            
   140.    Accused may be excluded from proceedings
            
   141.    Video and audio links, use of

           Division 4 -- Trial matters  

   142.    Accused required to plead at start of trial
            
   143.    Opening addresses
            
   144.    Accused’s entitlement to defend charges
            
   145.    Closing addresses

           Division 5 -- Judgments and related matters  

   146.    Acquittal on account of unsoundness of mind
            
   147.    Judgment, entry of
            
   148.    Conviction, consequences of
            
   149.    Acquittal, consequences of
            
   150.    Discharge of accused, effect of

           Division 6 -- Prosecutions against corporations  

   151.    Application of this Division
            
   152.    Corporation may appoint representative
            
   153.    Representative’s functions
            
   154.    Pleas by or on behalf of corporation
            
   155.    Compelling representative to appear

           Division 7 -- Witnesses  

   156.    Term used: attendance date
            
   157.    Privilege, claims of not prevented
            
   158.    Pre-trial statements and examinations of witnesses (Sch. 3)
            
   159.    Compelling witness to attend court
            
   160.    Arrest warrant for witness, content of
            
   161.    Witness summons, content of
            
   162.    Witness summons, service of
            
   163.    Witness summons to produce material, procedure on
            
   164.    Witnesses, securing further attendance of (Sch. 4)
            
   165.    Witness not attending, procedure on
            
   166.    Witness summons, cancelling
            
   167.    Discharging witness

           Division 8 -- Miscellaneous  

   168.    Criminal records, proof of
            
   169.    Prosecution determined by court without jurisdiction
            
   170.    Exhibits, retention of etc.
            
   171.    Court to be open, publicity
            
   172.    Representation of parties

   PART 6 -- Miscellaneous

           Division 1 -- Court documents  

   173.    Unauthorised documents
            
   174.    Presumptions as to signatures
            
   175.    Service and proof of service
            
   175A.   Served documents, additional copies may be requested
            
   176.    Effect of court documents
            
   177.    Warrants, effect of and procedure on
            
   178.    Defects etc. in court documents
            
   179.    Errors in court records due to use of wrong or false name

           Division 2 -- Offences  

   180.    Liability of officers for offence by body corporate
            
   181.    Disobeying summons, offence

           Division 3 -- General  

   182.    Appointment of people to prosecute offences
            
   183.    Contempts, summary punishment of not prevented
            
   184.    Decisions by court officer, review of
            
   185.    Enforcing orders to pay money, other than fines etc.
            
   186.    Regulations
           SCHEDULE 1 -- Prosecution notices and indictments
           SCHEDULE 2 -- Service of documents and other things  
           SCHEDULE 3 -- Pre-trial statements and examinations of witnesses  
           SCHEDULE 4 -- Securing the further attendance of witnesses  


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