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CRIMINAL PROCEDURE AMENDMENT (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS)
ACT 2009 (NO. 68 OF 2009)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
PART 2--AMENDMENT OF CRIMINAL PROCEDURE ACT 2009
3. Definitions
4. Notice to accompany summons or warrant
5. Personal service of summons
6. When an indictable offence may be heard and determined summarily
7. Division heading substituted
8. Admissibility of evidence in absence of accused
9. Rules with respect to statements
10. Contents of hand-up brief
11. Rules with respect to recordings
12. Contents of plea brief
13. Committal mention hearing
14. Recording of evidence
15. On committing accused for trial
16. Evidence taken after committal
17. Special mention hearing
18. Transfer of charges to Magistrates' Court
19. Powers of court at directions hearing
20. Order for legal representation for accused
21. Manner of giving evidence
22. Determination of appeal
23. Abandonment of appeal
24. Failure to appear on appeal
25. Appeal against conviction
26. Determination of application for leave to appeal
27. New section 284A inserted
28. Determination of Crown appeal
29. Crown appeal against sentence
30. Interlocutory appeals
31. DPP may refer point of law to Court of Appeal
32. Stay of certain orders during appeal period
33. Extension of time for filing or serving notice of appeal or notice of application for leave to appeal
34. Powers of single Judge of Appeal
35. Bail following appeal
36. Petition for mercy
37. New section 336A inserted
38. Court may act on application or on own motion
39. Service of documents
40. Notice to appear—costs
41. Issue of warrant to arrest
42. Transfer of charge to court with jurisdiction
43. Regulations
44. New section 14A in Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
45. New section 24AA in Crimes (Mental Impairment and Unfitness to be Tried) Act 1997
46. Joint committals—Magistrates' Court Act 1989
47. Commencement of proceedings in Children's Court
48. Joint committals—Children, Youth and Families Act 2005
49. Statute law revision
50. New Part 8.2 inserted
Division 4--provides that the court may make alternative arrangements for the giving of direct testimony.
51. Amendment of cross-references consequential on renumbering
52. Renumbering of sections 338–361 consequential on insertion of new Part 8.2
53. New section 414 inserted
54. Renumbering of sections 362 onwards
55. New Chapter 10 inserted
56. Substitution of Schedule 2
57. Amendment of Schedule 3
58. New Schedule 4 inserted
PART 3--AMENDMENT OF CHILDREN, YOUTH AND FAMILIES ACT 2005
59. Definitions
60. Procedure on appeals to County Court or Supreme Court
61. DPP reference
62. Children to be proceeded against by summons
63. Child to be brought before Court or bail justice
64. Referral to Secretary
65. Adjournment of criminal proceeding when therapeutic treatment order made
66. Division heading amended
67. Section heading amended
68. Part 5.3 amended
69. Substitution of Part 5.4
Division 7--of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 applies as if a reference to that Part were a reference to this Division.
70. Establishment of corrective services
71. Power of arrest in youth justice centre
72. Assignment of magistrates
73. Jurisdiction of Criminal Division
74. Koori Court (Criminal Division)
75. Neighbourhood Justice Division
76. Procedural guidelines
77. Explanation of and reasons for orders
78. Powers of Children's Court
79. Process
80. Pre-sentence reports
81. Witness or other person who has previously appeared in Children's Court
82. Transfer of proceedings
83. Powers of Supreme Court or County Court
84. Rules
85. Supreme Court—limitation of jurisdiction
86. New sections 609 and 610 inserted
87. Amendment of Schedules
PART 4--AMENDMENT OF PUBLIC PROSECUTIONS ACT 1994
88. Definitions
89. Chief Crown Prosecutor is responsible to Director
90. Functions of Director
91. Power to discontinue criminal proceedings
92. Delegation
93. Functions of Crown Prosecutors
94. Functions of Solicitor for Public Prosecutions
95. Outcome of trial cannot be challenged on ground relating to special decision
96. Substitution of section 49
PART 5--CONSEQUENTIAL AND OTHER AMENDMENTS TO OTHER ACTS
97. Consequential and other amendments
PART 6--REPEAL
98. Repeal of Act
SCHEDULE
ENDNOTES
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