Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Governor - General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;
and, in particular, prescribing the fees to be paid in respect of proceedings in the Court or the service or execution of the process of the Court by officers of the Court.
(2) This section does not prevent the making of rules or regulations under another Act with respect to a matter referred to in this section, or affect the operation of any such rules or regulations so far as they are not inconsistent with regulations under this section.
• This Division sets out procedures to be followed during criminal proceedings in the Court relating to certain indictable offences.
• This Division does not confer jurisdiction on the Court in relation to indictable offences. Other provisions need to have done this.
• This Division does not set out all of the procedures to be followed during these criminal proceedings. It is supplemented by procedures set out in the Rules of Court, and also by procedures set out in:
(a) State and Territory laws; and
(b) Rules of Court of State and Territory courts;
as applied by sections 68, 68B and 68C of the Judiciary Act 1903 .
• The procedures set out in this Division include procedures about the following:
(a) preparing, amending and filing indictments;
(b) pre - trial hearings and disclosure;
(c) empanelling and discharging juries;
(d) pleas and verdicts;
(e) persons committed to the Court for sentencing.
If the Court directs the Sheriff to arrange a jury panel for indictable primary proceedings, the Sheriff must elect that either:
(a) Subdivision DA applies in relation to the provision of a jury panel (in which case the Sheriff provides a jury panel to the Court under this Act); or
(b) Subdivision DB applies in relation to the provision of a jury panel (in which case the Sheriff requests a State/Territory jury official to provide a jury panel to the Court prepared under State or Territory laws).
The Sheriff arranges for a jury panel under this Act by determining the applicable jury district for the proceedings, preparing a jury list, and summonsing the persons on that list to attend court for jury service.
The Sheriff prepares a jury list by randomly selecting persons from the jury roll for the applicable jury district.
A person must be qualified to serve as a juror in order to be included on a jury panel. Not everyone is qualified to serve as a juror.
Where there is consent to do so, the Sheriff may request the Supreme Court of a State or Territory to provide a jury panel to the Court for a trial in that State or Territory.
The laws in force in the State or Territory concerned will generally apply in relation to the preparation of the jury panel for provision to the Court and juror qualification.
The Court must pay the State or Territory concerned a fee for the provision of the jury panel as agreed between the Court and the State and Territory (including a nil fee).
A person who is qualified to serve as a juror is liable to do so unless excused or discharged.
The Sheriff may excuse a potential juror from serving on a jury.
A jury is selected from potential jurors on a jury panel. A jury panel may be supplemented with additional potential jurors in the event the jury panel does not have enough potential jurors to empanel a jury.
A potential juror on a jury panel will not become a juror if they are excused from jury service by the Court, or if their inclusion on the jury is successfully challenged.
A potential juror may also be asked to temporarily stand aside during the selection of the jury.
• During indictable primary proceedings or criminal appeal proceedings the Court may grant (and continue) bail for the accused.
• If granted bail, the accused must sign a bail undertaking.
• A decision about bail may be reconsidered if there is a change in circumstances.
• The Court must also reconsider bail if the accused fails to comply with the accused's bail undertaking.
• A failure by the accused to appear before the Court in accordance with the accused's bail undertaking may be an offence, and may lead to the forfeiture of security provided as a condition of bail.