Criminal Procedure Act 1986 (NSW)

Criminal Procedure Act 1986 No 209

An Act relating to the prosecution of indictable offences, the listing of criminal proceedings before the Supreme Court and the District Court, committal proceedings and proceedings for summary offences and the giving of certain indemnities and undertakings; and for other purposes.

Chapter 1 Preliminary

1 Name of Act This Act may be cited as the Criminal Procedure Act 1986.

2 Commencement (1) Sections 1 and 2 shall commence on the date of assent to this Act. (2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.

3 Definitions (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. apprehended violence order proceedings 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 Chapter 3. 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. coincidence evidence has the same meaning as it has in the Evidence Act 1995. committal proceedings means proceedings before a Magistrate for the purpose of committing a person charged with an indictable offence for trial or sentence. court means— (a) the Supreme Court, the Court of Criminal Appeal, the Land and Environment Court, the Industrial Relations Commission, the District Court or the Local Court, or (b) any 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. law enforcement or investigating officer, for an alleged offence, means a police officer, or another officer or a member of staff of an agency created by or under an Act, who is responsible for an investigation into a matter involving the suspected commission of the alleged offence. offence means an offence against the laws of the State (including a common law offence). 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, 91P, 91Q, 91R, 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 capacity— (a) an employee in the Public Service or the NSW Police Force, (b) an officer or employee of a statutory body representing the Crown, (c) an 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 Prosecutions, (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 provision applies. sexual offence witness has the same meaning as in section 294D. summary offence means an offence that is not an indictable offence. tendency evidence has the same meaning as it has in the Evidence Act 1995. 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.