Criminal Procedure Regulation 2017 (2017-437) (NSW)

Criminal Procedure Regulation 2017

Part 1 Preliminary

1 Name of Regulation This Regulation is the Criminal Procedure Regulation 2017.

2 Commencement This Regulation commences on 1 September 2017 and is required to be published on the NSW legislation website.

Note— This Regulation replaces the Criminal Procedure Regulation 2010, which is repealed on 1 September 2017 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions (1) In this Regulation— Criminal Listing Director has the same meaning that it has in Part 3 of Chapter 3 of the Act. Department means the Department of Communities and Justice. fee unit—see Schedule 2, Part 3, clause 2(1). Secretary means the Secretary of the Department. the Act means the Criminal Procedure Act 1986.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation. (2) In this Regulation, a reference to a Form is a reference to a Form set out in Schedule 1. (3) Notes included in this Regulation (except in Schedule 1) do not form part of this Regulation.

Part 2 Listing of criminal proceedings

4 Information for Criminal Listing Director (1) The Criminal Listing Director may direct any of the following persons to give to the Director any information to assist the Director in making arrangements for the listing of criminal proceedings that the Director reasonably requires— (a) a prosecutor, (b) an accused person or appellant, (c) an Australian legal practitioner acting for an accused person or appellant, (d) a registrar. (2) A person to whom a direction is given must comply with the direction without delay. (3) The Criminal Listing Director must not give to a prosecutor any information furnished to the Director by an accused person or appellant (or by the Australian legal practitioner of an accused person or appellant) in response to a direction under this clause except with the consent of the accused person, appellant or Australian legal practitioner. (4) The Criminal Listing Director must not give to an accused person or appellant (or to any person acting in the interest of an accused person or appellant) any information furnished to the Director by a prosecutor in response to a direction under this clause except with the consent of the prosecutor.