Criminal Procedure Act 1921 (SA)

South Australia

Criminal Procedure Act 1921

An Act to make provision for the procedures of courts in criminal proceedings and for other purposes.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Criminal Procedure Act 1921.

1. (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 the Magistrates Act 1983;

cognitive impairment includes—

1. (a)

   a developmental disability (including, for example, an intellectual disability, Down syndrome, cerebral palsy or an autistic spectrum disorder);

2. (b)

   an acquired disability as a result of illness or injury (including, for example, dementia, a traumatic brain injury or a neurological disorder);

3. (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—

1. (a)

   an officer of the police force; or

2. (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—

1. (a)

   uses a weapon, or threatens to use a weapon, against another; or

2. (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 the Evidence Act 1929;

sensitive material notice—see section 67I of the Evidence Act 1929;

sentencing law means the Criminal Law (Sentencing) Act 1988 or an Act enacted in substitution for that Act;

sexual offence means an offence under the Criminal Law Consolidation Act 1935 of the following kind:

1. (a)

   rape; or

2. (ab)

   compelled sexual manipulation; or

3. (b)

   indecent assault; or

4. (ba)

   persistent sexual exploitation of a child or persistent sexual abuse of a child; or

5. (c)

   any offence involving unlawful sexual intercourse or an act of gross indecency; or

6. (ca)

   an offence of sexual exploitation of a person with a cognitive impairment under section 51 of the Criminal Law Consolidation Act 1935; or

7. (d)

   incest; or

8. (e)

   any attempt to commit or assault with intent to commit, any of the foregoing offences;

Special Act means…