South Australia
An Act to make provision for the procedures of courts in criminal proceedings and for other purposes.
This Act may be cited as the
Criminal Procedure Act 1921 .
(1) In this Act, unless inconsistent with the context—
answer charge hearing —see section 109;
case statement means a defence case statement or a prosecution case statement;
the Chief Magistrate means the person for the time being holding, or acting in, the office of the Chief Magistrate under theMagistrates Act 1983 ;
cognitive impairment includes—
(a) a developmental disability (including, for example, an intellectual disability, Down syndrome, cerebral palsy or an autistic spectrum disorder);
(b) an acquired disability as a result of illness or injury (including, for example, dementia, a traumatic brain injury or a neurological disorder);
(c) a mental illness;
defence case statement —see section 123;
defendant means person charged with any offence or against whom relief is sought or granted;
foreign restraining order means an order made under a law of another State or a Territory of the Commonwealth or New Zealand declared by regulation to be a law corresponding to Division 7 of Part 4;
investigating officer means—
(a) an officer of the police force; or
(b) a person authorised under an Act to investigate offences;
major indictable offence means any indictable offence except a minor indictable offence;
minor indictable offence —see section 5;
offence of violence means an offence where the offender—
(a) uses a weapon, or threatens to use a weapon, against another; or
(b) inflicts serious harm on another, or threatens to inflict serious harm on another,
for the purpose of committing the offence, or escaping from the scene of the offence;
personal service —see subsection (3)(a);
the Principal Registrar means the Principal Registrar of the Magistrates Court;
prosecution case statement —see section 123;
Registrar means the Principal Registrar or any other Registrar of the Magistrates Court;
restraining order means an order made under Division 7 of Part 4;
rules means the rules of the Magistrates Court;
sensitive material —see section 67H of theEvidence Act 1929 ;
sensitive material notice —see section 67I of theEvidence Act 1929 ;
sentencing law means theCriminal Law (Sentencing) Act 1988 or an Act enacted in substitution for that Act;
sexual offence means an offence under theCriminal Law Consolidation Act 1935 of the following kind:
(a) rape; or
(ab) compelled sexual manipulation; or
(b) indecent assault; or
(ba) persistent sexual exploitation of a child or persistent sexual abuse of a child; or
(c) any offence involving unlawful sexual intercourse or an act of gross indecency; or
(ca) an offence of sexual exploitation of a person with a cognitive impairment under section 51 of the
Criminal Law Consolidation Act 1935 ; or(d) incest; or
(e) any attempt to commit or assault with intent to commit, any of the foregoing offences;
Special Act means…