Version No. 104
Criminal Procedure Act 2009
No. 7 of 2009
Version incorporating amendments as at
30 September 2025
TABLE OF PROVISIONS
Section Page
Chapter 1—Preliminary
1Purposes
2Commencement
3Definitions
4Meaning of sexual offence
Chapter 2—Commencing a criminal proceeding
Part 2.1—Ways in which a criminal proceeding is commenced
5How a criminal proceeding is commenced
Part 2.2—Charge-sheet and listing of matter
6Commencement of a criminal proceeding in the Magistrates' Court
7Time limits for filing a charge-sheet
7ATime limits on prosecuting certain former sexual offences removed
7BUncertainty about time when sexual offence occurred
8Order for amendment of charge-sheet
9Errors etc. in charge-sheet
10Listing of matter for mention hearing or filing hearing in the Magistrates' Court
11Place of hearing
Part 2.3—Notifying accused of court appearance
Division 1—Summons or warrant to arrest
12Court may issue summons or warrant to arrest
13Summons or warrant to be accompanied by charge‑sheet and notice when served
14Police or public official may issue summons
15Contents of summons
16Personal service of summons
17Summons for summary offence may be served by ordinary service
17AService of summons for traffic camera offence
18Informant must nominate address etc. for service of documents
19Extension of return date if summons not served
20Adjournment of proceeding on application of accused
Division 2—Notice to appear
21Police or public official may serve notice to appear
22Notice to appear lapses unless charge-sheet filed within 14 days
23Notice to be given on lapsing
24Preliminary brief to be served if charge-sheet filed
25Non-appearance of accused served with notice to appear
26Notice to appear does not commence proceeding
Chapter 3—Summary procedure
Part 3.1—When a summary hearing may be held
27Summary offences
28Indictable offences that may be heard and determined summarily
29When an indictable offence may be heard and determined summarily
30Procedure for indictable offences that may be heard and determined summarily
Part 3.2—Procedure before summary hearing
Division 1—General
31Court may change place of hearing
32Accused entitled to copy of charge-sheet and particulars
33Unrepresented accused who requires legal advice
34Return of property
Division 2—Pre-hearing disclosure of prosecution case
35When preliminary brief is to be served
36How preliminary brief must be served
37Contents of preliminary brief
38Requirements for informant's statement in preliminary brief
39When full brief must be served
40How full brief must be served
41Contents of full brief
41ADisclosure certificate
42Continuing obligation of disclosure
43Accused may make request for material etc. not provided
43AInspection of exhibits that include child abuse material where accused is legally represented
44Informant must comply with request or state grounds of refusal
45Grounds on which informant may refuse disclosure
46Accused may apply for order requiring disclosure
47Rules with respect to statements
48Disclosure of address or telephone number of witness
49Informant may place material on database
Division 3—Preliminary disclosure of case of accused
50Expert evidence
51Alibi evidence
52Offence to communicate with alibi witness
Division 4—Mention hearing, summary case conference and contest mention hearing
53Mention hearing
53ADocuments to be provided by police at first mention hearing
54Summary case conference
55Contest mention hearing
Part 3.3—Summary hearing
Division 1—Joint or separate hearing of charges
56Multiple…