Criminal Procedure (General) Regulations 2017 (SA)

South Australia Criminal Procedure (General) Regulations 2017 under the Criminal Procedure Act 1921

Contents 1 Short title 3 Interpretation 4 Notice of sentencing reductions and processes for entering guilty plea 5 Prescribed class 6 Prescribed form of statement 7 Prosecution response to defence case statement 8 Prosecution witness fees 9 Defence witness fees 10 Costs payable by defendant in certain criminal proceedings Schedule 1—Information to be included in statement 1 Defence case statement 2 Information which you may be required to give to the prosecution 3 Expert evidence 4 Alibi evidence Legislative history

1—Short title These regulations may be cited as the Criminal Procedure (General) Regulations 2017. 3—Interpretation In these regulations— Act means the Criminal Procedure Act 1921. 4—Notice of sentencing reductions and processes for entering guilty plea (1) For the purposes of section 105(1)(a) of the Act, the notice required to be given to a defendant charged with an indictable offence must include information about— (a) sentencing reductions available under the sentencing laws in relation to guilty pleas in accordance with section 105(2)(a) of the Act; and (b) the process for having the matter called on in a court for the purpose of entering a guilty plea in accordance with section 105(2)(b) of the Act. (2) The information referred to in subregulation (1)(a) may be set out in writing or in pictorial or graphical form (or any combination of those forms). 5—Prescribed class (1) For the purposes of section 111(5)(a)(ii) of the Act, the following are persons of a prescribed class: (a) a person who is a prescribed interviewer for the purposes of section 74EB of the Summary Offences Act 1953; (b) a person, or a person of a class, designated by the Minister responsible for the administration of the Disability Services Act 1993 by notice in the Gazette; (c) a person, or a person of a class, designated by the Minister responsible for the administration of the Children's Protection Act 1993 by notice in the Gazette. (2) A notice referred to in subregulation (1)(b) or (c) may be varied or revoked by the relevant Minister, by subsequent notice in the Gazette. 6—Prescribed form of statement For the purposes of section 115(4)(a) of the Act, a written statement containing the information set out in Schedule 1 is prescribed. 7—Prosecution response to defence case statement For the purposes of section 123(9) of the Act, if— (a) notice has been provided to the prosecution by the defendant of the defendant's intention to introduce expert or alibi evidence; and (b) the prosecution intends to challenge the admissibility of the expert or alibi evidence, the prosecution must file a response that outlines the basis on which it intends to challenge the admissibility of that evidence. 8—Prosecution witness fees (1) Subject to this regulation, the following amounts may be authorised by a prescribed person as payable in respect of a witness for the prosecution: (a) the actual amount lost, or the expenses necessarily incurred, by the witness by reason of the witness' absence from home or business for the purpose of attending court or $100 per day, whichever is the lesser; (b) an allowance for the travelling expenses of the witness in attending court, calculated on the basis of travel by public transport to and from court, or, if the use of public transport by the witness is not reasonably practicable, $0.20 per kilometre necessarily travelled to and from court; (c) if the witness is necessarily absent from home overnight—the accommodation and meal expenses reasonably incurred by the witness; (d) if the witness is necessarily accompanied by another person—an amount equal to that which could be certified in accordance with these regulations in respect of that other person if they were a witness for the prosecution. (2) If— (a) the amount lost, or the expenses incurred by the witness exceed the amount determined in accordance with subregulation (1)(a); or (b) the travelling expenses incurred by the witness exceed the amount determined in accordance with subregulation (1)(b), the amount to be paid to the witness may include such further amount as the prescribed person thinks just and reasonable in the circumstances. (3) No amount is to be paid in respect of a witness who is an officer or employee of the State or Commonwealth, including a police officer but excluding an officer or employee who is on leave during the period of attendance at court. (4) In this regulation— prescribed person means— (a) in the case of proceedings in the Supreme Court or District Court—the Sheriff; or (b) in the case of proceedings in the Magistrates Court—a magistrate or justice; witness includes a witness who attended court but was not called to give evidence. 9—Defence witness fees (1) A prescribed authority may, at the request of a witness for the defence in respect of proceedings under the Act, authorise an amount to be paid to the witness of any or all of the amounts that would be payable to the witness if the witness were a witness for the prosecution. (2) In this regulation— prescribed authority means— (a) in the case of proceedings in the Supreme Court or the District Court—the Supreme Court or the District Court (as the case requires); or (b) in the case of proceedings in the Magistrates Court—a magistrate or justice; witness has the same meaning as in regulation 8(4). 10—Costs payable by defendant in certain criminal proceedings Pursuant to section 189A(2)(a) of the Act, the amount of $150 is prescribed for the purposes of subsection (2) of that section.