Criminal Procedure Act 2009 (Vic)

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 charges on single charge-sheet or multiple accused named on single charge-sheet

57Joint hearing of charges on separate charge-sheets

58Order for separate hearing

Division 2—Diversion program

59Adjournment to undertake diversion program

Division 3—Sentence indication

60Court may give sentence indication

61Effect of sentence indication

Division 4—Entering a plea

62Charge to be read or explained to accused before plea

63Legal practitioner may enter plea on behalf of accused

64Refusal to plead

64APleading to course of conduct charge

Division 5—Opening addresses

65Parties may give opening addresses

Division 6—Case for the accused

66Accused entitled to respond after close of prosecution case

67Election when accused is legally represented

68Election when accused is not legally represented

69Procedure for joint hearings if no-case submission made

70Questioning to determine proper course of proceeding

71Opening address of accused at beginning of case for the accused

72Evidential burden on accused for exceptions etc.

Division 7—Closing addresses

73Prosecutor's closing address

74Closing address of the accused

75Supplementary address by prosecutor

Division 8—Determination of charge

76Option of finding of attempt

Division 9—Criminal record

77Criminal record

78Proof of previous convictions and infringement convictions by criminal record

Division 10—Non-appearance of party

79Non-appearance of informant

80Non-appearance of accused charged with summary offence

81Non-appearance of accused charged with indictable offence

82Non-appearance of corporate accused charged with indictable offence

83Admissibility of evidence in absence of accused where full brief served

84Admissibility of evidence in absence of accused where preliminary brief served

85Non-appearance of accused—Infringements Act 2006

86Proof of criminal record in absence of accused

87Limitations on sentencing in absence of accused

Part 3.4—Rehearing

88Right to apply for rehearing

89Notice of intention to apply for rehearing

90Service of notice

91Stay of sentence etc.

92Court may order rehearing

93Failure to appear on application

94Automatic rehearing in certain cases

Chapter 4—Committal proceeding

Part 4.1—Preliminary

95Definition

96When a committal proceeding must be held

97Purposes of a committal proceeding

98When a committal proceeding commences

100Hearings in a committal proceeding and attendance of accused

Part 4.2—Filing hearing

101Filing hearing

102Time limit for filing hearing

Part 4.3—Compulsory examination

103Application for order

104Order for compulsory examination hearing

105Notice of compulsory examination order to be served

106Compulsory examination hearing

Part 4.4—Pre-hearing disclosure of prosecution case

107Informant must serve hand-up brief

108How hand-up brief must be served

109Copy hand-up brief to be filed and forwarded to DPP

110Contents of hand-up brief

110ADisclosure certificate

111Continuing obligation of disclosure

112Rules with respect to statements

113Rules with respect to recordings

114Disclosure of address or telephone number of witness

115Inspection of exhibits

116Informant may serve and file plea brief

117Contents of plea brief

Part 4.5—Case direction

118Case direction notice

119Contents of case direction notice

120Late application for leave to cross-examine witness

121Adjournment without appearance of parties

122Compliance with request to copy or inspect items or disclose previous convictions of witness

123No cross-examination in certain sexual offence cases

124Leave required to cross-examine other witnesses

124AReasons for granting leave to cross-examine and issues on which witness may be cross-examined

Part 4.6—Committal mention and case conference

125Committal mention hearing

126Time for holding committal mention hearing

127Committal case conference

Part 4.7—Committal hearing

128Committal hearing

129Attendance of witnesses

130Giving of evidence by witnesses

131Disclosure of address or telephone number of witness

132Cross-examination of witnesses

132ALeave to cross-examine witness on different issue

133Special rules applicable to sexual offences

134Failure of witness to attend committal hearing

135Court may permit accused to be absent from committal hearing

136Accused who absconds etc. during a committal hearing

137Accused (natural person) absent at close of prosecution case

138Procedure on accused's attendance after absence

Part 4.8—Evidence in committal proceeding

139Admissibility of non-oral evidence

140Procedure if accused makes admission of relevant fact or matter

Part 4.9—Determination of committal proceeding

141Determination of committal proceeding where hand-up brief used

142Determination of committal proceeding where plea brief used

143Determination of committal proceeding where accused elects to stand trial

144Procedure before and on committing accused for trial

Part 4.10—Procedure after committal

145Transfer of summary offences that are related offences on or after committal

146Documents to be forwarded to DPP

147Accused entitled to copies of depositions and exhibits

148Absent corporate accused to be notified of committal

Part 4.12—General

153Special mention hearing

154Non-appearance of corporate accused

155Nature of committal proceeding

156Nothing in Chapter affects certain powers of DPP

157DPP may give directions for release of property tendered in evidence

Chapter 5—Trial on indictment

Part 5.1—Introduction

158Application of Chapter

Part 5.2—Indictment and place of trial

159DPP or Crown Prosecutor may file an indictment

160Choice of Supreme Court or County Court for filing an indictment

161Direct indictment commences criminal proceeding

162Filing of any other indictment does not commence criminal proceeding

163Time limits for filing certain indictments

164Filing of fresh indictment

165Order for amendment of indictment

166Errors etc. in indictment

167Supreme Court may order that accused be tried in County Court or Supreme Court

168Court may transfer certain charges to Magistrates' Court or Children's Court

168ACategory A and Category B serious youth offences—transfer

169Place of hearing of criminal trial

170Multiple charges or multiple accused on single indictment

Part 5.3—Notifying accused of indictment

171Copy indictment to be served

172DPP may nominate address etc. for service of documents

173Extra notice for corporate accused

174Compelling attendance when direct indictment filed

175Service of summons

176Warrant to be accompanied by indictment and notice

Part 5.4—Discontinuing a prosecution

177DPP may discontinue a prosecution without adjudication

178Release from custody on discontinuance of prosecution

Part 5.5—Pre-trial procedure

Division 1—Directions hearings

179Directions hearing

180Accused may be arraigned at a directions hearing

181Powers of court at directions hearing

181ACourse of conduct charge

Division 2—Pre-trial disclosure

182Summary of prosecution opening and notice of pre‑trial admissions

183Response of accused to summary of prosecution opening and notice of pre-trial admissions

184Intention to depart at trial from document filed and served

185Continuing obligation of disclosure

185ADisclosure of evidence that is child abuse material

186Disclosure of address or telephone number of witness

187Previous convictions of witness

188Prosecution notice of additional evidence

189Expert evidence

190Alibi evidence

191Offence to communicate with alibi witness

Division 3—Orders

192Power to change place of trial

193Order for separate trial

194Order for separate trial—sexual offences

195Order for separate trial—conspiracy

196Other powers of court not affected

197Order for legal representation for accused

Division 3A—Pre-trial taking of evidence and cross-examination

198Order for taking evidence from a witness before trial

198AOrder for accused to cross-examine witness before trial in certain sexual offence cases

198BOrder for accused to conduct limited preparatory cross-examination

198CAbolition of Basha procedure

Division 4—Procedure for pre-trial orders and other decisions

199Court may make orders and other decisions before trial

200Disclosure of pre-trial issues

201Court may decide pre-trial issue without a hearing

202Hearing of application for exclusion of evidence

203Judge at pre-trial hearing need not be trial judge

204Pre-trial orders and other decisions generally binding on trial judge

205Pre-trial orders and other decisions may be applied in new trial

206Procedure if prosecution proposes not to lead evidence

Division 5—Procedure for pre-trial hearing about presumption against criminal responsibility

206AApplication for pre-trial hearing about presumption against criminal responsibility

206BIssue to be determined expeditiously

206CConduct of pre-trial hearing about presumption against criminal responsibility

206DCourt to be constituted by the same judge who made pre-trial determination

206EDetermination at pre-trial hearing as to whether presumption is rebutted

206FJudgment in pre-trial hearing of presumption against criminal responsibility

206GCourt may make suppression order

Part 5.6—Sentence indication

207Court may give sentence indication

208Application for sentence indication

209Effect of sentence indication

209AReview of amendments—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022

Part 5.7—Trial

Division 1—Preliminary

210When trial commences

211Time limit for commencing trial for offences other than sexual offences

212Time limits for commencing trials for sexual offences

213Powers of trial judge not affected

214Non-appearance of corporate accused at trial

Division 2—Arraignment

215Arraignment

216Written pleas of guilty may be accepted

217Arraignment in presence of jury panel

218Special pleas in addition to plea of not guilty

219Plea of guilty to alternative offence

220Form of plea of previous conviction or previous acquittal

221Refusal to plead

Division 3—Assisting the jury

222Judge may address jury

223Jury documents relating to trial issues and evidence

223AGeneral jury guide

Division 4—Opening addresses

224Opening address by prosecutor

225Response of accused to prosecution opening

Division 5—Case for the accused

226Accused entitled to respond after close of prosecution case

227Election when accused is legally represented

228Election when accused is not legally represented

229Procedure for joint trials if no-case submission made

230Questioning to determine proper course of proceeding

231Opening address of accused

Division 6—Giving of evidence

232Manner of giving evidence

232ATrial judge may give directions about the giving of concurrent or consecutive evidence by expert witnesses

233Introduction of evidence not previously disclosed

Division 7—Closing addresses and judge's directions to the jury

234Prosecution closing address

235Closing address of the accused

236Supplementary prosecution address

237Comment on departure or failure

238Judge's directions to the jury

Division 8—Alternative verdicts and discharge of jury from delivering verdict

239Alternative verdicts on charges other than treason or murder

240Judge may order that guilt in respect of alternative offences is not to be determined

241When judge may enter finding of guilty or not guilty

Part 5.8—General

Division 1—Transfer and hearing of charges for related and unrelated summary offences

241ATransfer of summary offence between Supreme Court and County Court

242Summary offence related to indictable offence

243Unrelated summary offence

Division 2—Criminal record

244Criminal record

245Proof of previous convictions and infringement convictions by criminal record

Division 3—Powers and obligations

246Attendance of accused at hearings

247Power to extend or abridge time

248Parties must inform Juries Commissioner of certain events

249Counsel required to retain brief for trial

250Complaints about legal practitioners

251Judge at earlier trial not prevented from presiding at later trial

252Offence for corporate accused to fail to appear

253Abolition of grand jury procedure

Division 4—Procedure on guilty plea or guilty verdict

253AAbolition of allocutus

253BWhen finding of guilt occurs

Chapter 6—Appeals and cases stated

Part 6.1—Appeal from Magistrates' Court to County Court

Division 1—Appeal by offender

254Right of appeal

255How appeal is commenced

256Determination of appeal

Division 2—Appeal by DPP against sentence

257DPP's right of appeal against sentence

258How appeal is commenced

259Determination of DPP's appeal

Division 3—Appeal by DPP—failure to fulfil undertaking

260DPP's right of appeal—failure to fulfil undertaking

261How appeal is commenced

262Determination of DPP's appeal—failure to fulfil undertaking

Division 4—Procedure

263Late notice of appeal deemed to be application for leave to appeal

264Stay of sentence

265Bail pending appeal

266Abandonment of appeal

267Appellant's failure to appear

268Respondent's failure to appear on appeal by DPP

269One notice of appeal for 2 or more sentences

270Appeal against aggregate sentence

271Appeal to County Court authorised by other Acts

Part 6.2—Appeal from Magistrates' Court to Supreme Court on a question of law

272Appeal to Supreme Court on a question of law

273Appeal on question of law precludes appeal to County Court

Part 6.3—Appeal and case stated from County Court or Trial Division of Supreme Court to Court of Appeal

Division 1—Appeal against conviction

274Right of appeal against conviction

275How appeal is commenced

276Determination of appeal against conviction

277Orders etc. on successful appeal

Division 2—Appeal by offender against sentence

278Right of appeal against sentence imposed by originating court

279How appeal is commenced

280Determination of application for leave to appeal under section 278

281Determination of appeal

282Orders etc. on successful appeal

283Right of appeal against sentence of imprisonment imposed by County Court on appeal from Magistrates' Court

284How appeal is commenced

284ADetermination of application for leave to appeal under section 283

285Determination of appeal

286Orders etc. on successful appeal

Division 3—Crown appeal against sentence

287Right of appeal—inadequate sentence

288How appeal is commenced

289Determination of Crown appeal

290Orders etc. on successful appeal

290ARight of appeal against certain sentences imposed by County Court or Supreme Court on appeal from Magistrates' Court

290BHow appeal is commenced

290CDetermination of Crown appeal under section 290A

290DOrders etc. on successful appeal

291Right of appeal—failure to fulfil undertaking

292How appeal is commenced

293Determination of Crown appeal—failure to fulfil undertaking

294Powers of Court of Appeal on successful appeal

Division 4—Interlocutory appeal

295Right of appeal against interlocutory decision

296Review of refusal to certify

297When leave to appeal may be given

298How interlocutory appeal is commenced

299Adjournment of trial if leave to appeal given

300Determination of appeal

300ADetermination of appeal—interlocutory decision on presumption against criminal responsibility

301Determination of interlocutory appeal to be entered on record

Division 5—Case stated for Court of Appeal

302Reservation of question of law

302AReservation of question of law on appeal to County Court

303Adjournment if question of law reserved

304Refusal to reserve question of law

305Case to be stated if question of law reserved

306General powers of Court of Appeal on case stated

307Judgment to be entered on record

308DPP may refer point of law to Court of Appeal

Division 6—Status of sentences and orders during appeal period

309Sentence not stayed during appeal period

310Bail pending appeal

311Stay of certain orders during appeal period

312Execution of order for forfeiture or destruction of property

Division 7—Powers and procedure

313Extension of time for filing or serving notice of appeal or notice of application for leave to appeal

314Abandonment of appeal

315Powers which may be exercised by Court of Appeal constituted by a single Judge of Appeal

316Trial judge may be required to provide report on appeal

317Production of documents, exhibits or other things

318Order for examination of compellable witness

319Evidence of competent but not compellable witness

319ACourt of Appeal may refer issue or matter for reference determination

320Reference of question to special commissioner

321New evidence—effect on sentence

322Sentence in absence of offender

323Bail following appeal

324Warrants

325Ancillary orders

326Expenses of assessors and special commissioners

Part 6.4—Second or subsequent appeal to Court of Appeal

Division 1—Appeal against conviction

326ARight of second or subsequent appeal against conviction

326BHow appeal is commenced

326CDetermination of application for leave to appeal under section 326A

326DDetermination of second or subsequent appeal against conviction

326EOrders etc. on successful appeal

Division 2—Powers and procedure

326FStay of sentence and bail pending appeal

326GAbandonment of appeal

326HPowers which may be exercised by Court of Appeal constituted by a single Judge of Appeal

326IApplication of sections 316 to 320 and 326

326JSentence in absence of offender

326KBail following appeal

326LWarrants

326MAncillary orders

Chapter 7—Reference to Court of Appeal on petition for mercy

327Reference by Attorney-General

Chapter 7A—Limitations on rules relating to double jeopardy

327AApplication of Chapter

327BDefinitions

327CMeaning of fresh and compelling evidence

327DMeaning of tainted acquittal

327ECircumstances in which police may reinvestigate offence after acquittal

327FDPP may file indictment

327GBail following filing of direct indictment

327HDPP may apply to Court of Appeal

327IExtension of time for filing or serving notice of application

327JDPP may apply only once in relation to particular acquittal

327KDPP must discontinue prosecution if fails to make application

327LDetermination of application where acquittal tainted

327MDetermination of application where fresh and compelling evidence

327NDetermination of application where administration of justice offence

327OOrders on determination of application

327PDPP must elect which offence to prosecute

327QAmendment of indictment

327RProhibition on making certain references in new trial

327SAppeal and review rights unaffected

Chapter 8—General

Part 8.1—Conduct of proceeding

328Appearance

329When accused etc. is required to appear at hearing

330When accused etc. is required to attend hearing

331Power to adjourn proceeding

332Transfer of accused between place of detention and court

333Power to return accused to youth justice centre

334Proceedings against bodies corporate

335Interpreter

336Subpoenas and witness summonses

336AVictim who is a witness entitled to be present in court

337Court may act on application or on own motion

337ACourt may determine issue in criminal proceeding without oral hearing

Part 8.2—Witnesses

Division 1—Guiding principles

338Guiding principles

Division 2—Evidence concerning complainant

339Application of Division

340Definition

341Prohibition on questions and evidence concerning sexual reputation of complainant

342Restriction on questions and evidence concerning complainant's sexual activities

343Admissibility of sexual history evidence

344Application for leave

345Application for leave out of time

346Contents of application for leave

347Waiver of requirement to apply for leave in writing

348Hearing of application for leave

349Determination of application for leave during summary hearing, committal proceeding or trial

350Determination of application for leave during sentencing hearing

351Court must state reasons if leave granted

352Limitation on sexual history evidence

Division 3—Cross-examination of protected witnesses

353Application of Division

354Definitions

355Court may declare witness to be protected witness

356Protected witness not to be cross-examined by accused in person

357When accused is not legally represented

358Jury warning concerning legal representation for cross-examination

Division 4—Alternative arrangements for giving evidence

359Application of Division

360Alternative arrangements for giving evidence

362Evidence given by closed-circuit television or other facilities

363When court must direct use of closed-circuit television or other facilities for complainant

364When court must direct use of screens for complainant

365When court must direct presence of support person for complainant

Division 5—Use of recorded evidence-in-chief of children and cognitively impaired witnesses in sexual offence, assault and family violence matters

366Application of this Division

367Use of recorded evidence-in-chief

368Admissibility of recorded evidence-in-chief

368ACourt may order production of recording made under this Division in certain circumstances

Division 6—Procedure and rules for children and cognitively impaired complainants

369Application of Division

370Special hearing for recording evidence

371Time limits for special hearing

371ATiming arrangements for special hearing during trial

372Conduct of special hearing

373Form in which recording of special hearing is to be tendered

374Admissibility of evidence from special hearing

376Cross-examination of complainant

Division 7—Admission of recorded evidence of complainant given in trial for sexual offences

378Application of Division

379Admissibility of recording of complainant's evidence

380Prosecution to give notice of intention to tender recording

381Admission of recording of evidence of complainant

383Attendance of complainant

384Direct testimony in addition to recording

385Cross-examination of complainant

386Form in which recording of complainant's evidence is to be tendered

387Exception to hearsay rule

Division 7A—Admission of recorded evidence of complainant given in summary hearing by Children's Court of certain sexual offences

387AApplication of Division

387BAdmissibility of recording of complainant's evidence

Division 7B—Use of recorded evidence‑in‑chief of complainant in family violence offence proceedings

387CDefinitions

387DApplication of Division

387EUse of recorded statement as complainant's evidence-in-chief

387FAdmissibility of recorded evidence-in-chief

387GRequirements for making recorded statement

387HService of recorded statement

387IEditing or otherwise altering recorded statement

387JCourt or tribunal may order production of recorded statement in certain circumstances

387KUse of recorded statement in family violence intervention order proceeding

387LOffences in relation to recorded statements

387MDivision does not affect other provisions

387NRelationship with Surveillance Devices Act 1999

Division 8—Miscellaneous

388Evidence of specialised knowledge in certain cases

389Audiovisual link evidence from overseas in certain proceedings

Part 8.2A—Ground rules hearings and intermediaries

Division 1—Ground rules hearings

389AApplication of Division

389ABGround rules hearings

389BGround rules hearing to be held

389CTime limits for ground rules hearing

389DAttendance for ground rules hearings

389EDirections which may be given at ground rules hearings

Division 2—Intermediaries

389FApplication of Division

389GParticipating venues of courts

389HPanel of intermediaries

389IFunction of intermediaries

389JAppointment of intermediaries

389KWitness to give evidence in presence of intermediary

Part 8.3—Service of documents

390General rules as to service

391Personal service

392Service on informant or DPP

393Service on company, registered body, incorporated association or other body corporate

394Ordinary service

395Personal service satisfies ordinary service

396Last known place of residence or business

397Order for substituted service

398Who may effect service

399Proof of service

Part 8.4—Costs

Division 1—Preliminary

400Right to be heard

Division 2—Costs in summary proceedings and committal proceedings

401Costs in Magistrates' Court

402Notice to appear

403Convicted accused to pay filing fee

Division 3—Costs in trials on indictment

404Costs in the Supreme Court and County Court

405Costs order

Division 4—Costs on appeal

406Costs on appeal to County Court or the Court of Appeal under section 254

407Costs on abandonment of appeal to County Court or the Court of Appeal

408Costs on appeal from Magistrates' Court to Supreme Court on a question of law

409No costs on appeal to Court of Appeal or on new trial

Division 5—Legal practitioners

410Costs liability of legal practitioner

Part 8.5—Miscellaneous

410AElectronic signatures

411Issue of warrant to arrest

412Power to amend when there is a defect or error

413Transfer of charge to court with jurisdiction

414Acknowledgment of false statement

415Court may direct that a person be prosecuted for perjury

415AInformant's obligation of disclosure to the DPP

416Disclosure of material by prosecution

416AApplication for non-disclosure order

416BNon-disclosure order not binding on superior court

416CReview of non-disclosure order

417Court fees not payable by accused

418Supreme Court—limitation of jurisdiction

419Rules of court

420Regulations

Chapter 10—Savings and transitional provisions

439Savings and transitional provisions

440Transitional provisions—Justice Legislation Amendment Act 2010

441Transitional provisions—Criminal Procedure Amendment (Double Jeopardy and Other Matters) Act 2011

442Transitional provisions—Criminal Procedure Amendment Act 2012

443Transitional provision—Jury Directions Act 2013

444Transitional provision—Criminal Organisations Control and Other Acts Amendment Act 2014

445Transitional provisions—Crimes Amendment (Sexual Offences and Other Matters) Act 2014

446Transitional provision—Crimes Amendment (Child Pornography and Other Matters) Act 2015

447Transitional provision—Crimes Legislation Further Amendment Act 2017

448Transitional provision—Jury Directions and Other Acts Amendment Act 2017

449Transitional provision—Justice Legislation Miscellaneous Amendment Act 2018

450Transitional provision—Justice Legislation Amendment (Victims) Act 2018—section 387A

451Transitional provision—Justice Legislation Amendment (Victims) Act 2018—Part 8.2A

452Transitional provision—Family Violence Protection Amendment Act 2017

453Transitional provision—Justice Legislation Amendment (Criminal Appeals) Act 2019—powers of Court of Appeal, second or subsequent appeals

454Transitional provision—Justice Legislation Amendment (Criminal Appeals) Act 2019—appeals from summary jurisdiction

454ATransitional provision—COVID-19 Omnibus (Emergency Measures) Act 2020

454BTransitional provision—COVID-19 Omnibus (Emergency Measures) Act 2020—deciding issues without a hearing

455Transitional provision—Justice Legislation Miscellaneous Amendments Act 2020

456Transitional provisions—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021

457Transitional provision—Sex Work Decriminalisation Act 2022

456Transitional provision—Sentencing Amendment (Emergency Worker Harm) Act 2020

458Transitional provision—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022—criminal procedure disclosure

459Transitional provisions—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022

460Transitional provision—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022—dual commission holders

461Transitional provision—Justice Legislation Amendment (Trial by Judge Alone and Other Matters) Act 2022

462Transitional provision—Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022

Schedules

Schedule 1––Charges on a charge-sheet or indictment

Schedule 2––Indictable offences that may be heard and determined summarily

Schedule 3––Persons who may witness statements in preliminary brief, full brief or hand-up brief

Schedule 4––Savings and transitional provisions

Schedule 5—Transitional provisions relating to the Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017

═══════════════

Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 104

Criminal Procedure Act 2009

No. 7 of 2009

Version incorporating amendments as at

30 September 2025

The Parliament of Victoria enacts:

CHAPTER 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to clarify, simplify and consolidate the laws relating to criminal procedure in the Magistrates' Court, the County Court and the Supreme Court;

(b)to introduce a new procedure permitting the service of a notice to appear in the Magistrates' Court;

(c)to provide new pre-trial disclosure requirements for the prosecution;

(d)to provide for a 6-month time limit for the filing of charges for summary offences in the Children's Court;

(e)to provide for the transfer to the County Court or Supreme Court of summary offences related to an offence to be tried on indictment by the relevant court;

(f)to abolish the procedure of indictment by grand jury;

(g)to provide for interlocutory appeals in criminal proceedings in the County Court and the Supreme Court;

(h)to clarify the tests relating to determination of appeals by the Court of Appeal;

(i)to provide for the stay of sentences on appeal;

(j)to amend the Sentencing Act 1991 to provide for a maximum fine that may be imposed for an indictable offence that is heard and determined summarily;

(k)to amend the Crimes Act 1958, the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, the Magistrates' Court Act 1989, the Children, Youth and Families Act 2005 and the Appeal Costs Act 1998;

(l)to repeal the Crimes (Criminal Trials) Act 1999;

(m)to make consequential and other amendments.

2Commencement

(1)This Chapter comes into operation on the day after the day on which this Act receives the Royal Assent.

*                *                *                *                *

(3)Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4)If a provision referred to in subsection (3) does not come into operation before 1 January 2011, it comes into operation on that day.

3Definitions

In this Act—

accused means a person who—

(a)is charged with an offence; or

(b)is directed under section 415 to be tried for perjury;

appeal includes application for leave to appeal;

appeal period means the period permitted by or under this Act or any other Act for commencing an appeal under Part 6.3 or, if a notice of appeal or notice of application for leave to appeal under Part 6.3 is filed within that period, the determination of the appeal;

appear, in relation to a party, has the meaning given in section 328;

appellant includes an applicant for leave to appeal;

appropriate registrar means—

(a)the registrar at the venue of the Magistrates' Court referred to in section 11; or

(b)if an order is made under section 31, the registrar at the venue of the Magistrates' Court at which the hearing is to be held;

arraignment has the meaning given in section 215(1);

attend, in relation to a person, means—

(a)be physically present in court; or

(b)if authorised or required to do so under Division 2 or 3 of Part IIA of the Evidence (Miscellaneous Provisions) Act 1958, appear or be brought before the court by audio visual link or audio link;

Category A serious youth offence means any of the following offences—

(a)murder;

(b)attempted murder;

(c)manslaughter;

(d)child homicide;

(da)homicide by firearm;

(e)an offence against any of the following sections of the Crimes Act 1958—

(i)section 15A (intentionally causing serious injury in circumstances of gross violence);

(ii)section 77B (aggravated home invasion);

(iii)section 79A (aggravated carjacking);

(iv)section 197A (arson causing death);

(v)section 318 (culpable driving causing death);

(f)an offence against any one of the following—

(i)section 4B of the Terrorism (Community Protection) Act 2003;

(ii)a provision of Subdivision A of Division 72 of Chapter 4 of the Criminal Code of the Commonwealth;

(iii)a provision of Part 5.3 or 5.5 of the Criminal Code of the Commonwealth;

(iv)a provision of the Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth as in force before its repeal;

Category B serious youth offence means an offence against any of the following sections the Crimes Act 1958—

(a)section 15B (recklessly causing serious injury in circumstances of gross violence);

(b)section 38 (rape);

(c)section 39 (rape by compelling sexual penetration);

(d)section 77A (home invasion);

(e)section 79 (carjacking);

child means a person under the age of 18 years;

child abuse material has the same meaning as in section 51A of the Crimes Act 1958;

cognitive impairment includes impairment because of mental illness, intellectual disability, dementia or brain injury;

commencement of trial, in relation to the Supreme Court or the County Court, has the meaning given in section 210;

compulsory examination hearing means a hearing under section 106;

contest mention hearing means a hearing under section 55;

conviction, in Chapter 6, includes a finding of guilt by a court, whether or not a conviction is recorded;

corporate accused means an accused that is a body corporate;

criminal record, in relation to a person, means a document that—

(a)sets out all previous convictions and infringement convictions of the person alleged by the prosecution; and

(b)complies with section 77 or 244, as the case requires;

Crown Prosecutor means the Chief Crown Prosecutor, a Senior Crown Prosecutor or a Crown Prosecutor appointed under the Public Prosecutions Act 1994;

depositions means the transcript of evidence given in a committal proceeding and any statements admitted in evidence in a committal proceeding in accordance with Chapter 4;

direct indictment means an indictment filed against an accused—

(a)who has not been committed for trial in respect of the offence charged in the indictment or a related offence; or

(b)whose prosecution for the offence charged in the indictment or a related offence—

(i)was discontinued under section 177; or

(ii)was the subject of a nolle prosequi; or

(iii)resulted in an acquittal within the meaning of Chapter 7A and the prosecution of the offence charged in the indictment may only proceed if the Court of Appeal gives authorisation under section 327O;

disclosure certificate means a disclosure certificate described in section 41A or 110A (as the case requires);

DPP means the Director of Public Prosecutions for Victoria;

evidence in support of alibi means evidence tending to show that by reason of the presence of the accused at a particular place or in a particular area at a particular time the accused was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission;

filing hearing means a hearing referred to in section 101;

full brief means a full brief described in section 41;

ground rules hearing has the meaning given by section 389AB;

hand-up brief means a hand-up brief described in section 110;

in detention means—

(a)in a prison in the legal custody of the Secretary to the Department of Justice; or

(b)in custody in a police gaol in the legal custody of the Chief Commissioner of Police; or

(c)detained in a designated mental health service within the meaning of the Mental Health and Wellbeing Act 2022 in the legal custody of the authorised psychiatrist for the designated mental health service; or

(d)in custody in a remand centre, youth residential centre or youth justice centre within the meaning of the Children, Youth and Families Act 2005 in the legal custody of the Secretary to the Department of Human Services; or

(e)in custody in a residential treatment facility within the meaning of the Disability Act 2006 in the legal custody of the Secretary to the Department of Human Services;

indictable offence that may be heard and determined summarily means an offence to which section 28(1) applies;

informant means a person who commences a criminal proceeding in the Magistrates' Court;

infringement conviction means an infringement notice that has taken effect as a conviction of the offence specified in the notice;

Note

An offence where an infringement notice may take effect as a conviction includes an infringement offence to which any of the following provisions apply—

·sections 89A to 89D of the Road Safety Act 1986; or

·sections 61A and 61BA of the Marine (Drug, Alcohol and Pollution Control) Act 1988.

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*                *                *                *                *

interlocutory appeal means an appeal under Division 4 of Part 6.3;

interlocutory decision means a decision made by a judge in a proceeding referred to in section 295(1), whether before or during the trial, including—

(a)a decision to grant or refuse to grant a permanent stay of the proceeding; or

(b)a decision made at a pre-trial hearing that the presumption against criminal responsibility has been rebutted;;

intermediary means a person appointed under section 389J;

intimate image offence has the same meaning as in section 53O(1) of the Crimes Act 1958;

Juries Commissioner has the same meaning as in the Juries Act 2000;

legal practitioner means—

(a)an Australian legal practitioner; or

(b)a government lawyer within the meaning of the Legal Profession Uniform Law (Victoria);

mention hearing means a hearing referred to in section 53;

non-disclosure order means an order of a kind described in section 416A(3);

notice to appear means a notice served under section 21;

ordinary service means service in accordance with section 394;

original jurisdiction includes—

(a)a proceeding for an indictable offence; and

(b)a proceeding for a related summary offence heard under section 242; and

(c)a proceeding for an unrelated summary offence heard under section 243; and

(d)a proceeding for contempt of court; and

(e)a proceeding for variation or contravention of a sentencing order under the Sentencing Act 1991; and

(f)a proceeding for a related offence that is a summary offence heard under section 176 of the Serious Offenders Act 2018;

originating court means the County Court in its original jurisdiction or the Trial Division of the Supreme Court in its original jurisdiction;

personal service means service in accordance with section 391;

plea brief means a plea brief described in section 117;

police gaol has the same meaning as in the Corrections Act 1986;

police officer has the same meaning as in the Victoria Police Act 2013;

preliminary brief means a preliminary brief described in section 37;

presumption against criminal responsibility means the presumption set out in section 11 of the Youth Justice Act 2024;

previous conviction means a prior conviction or finding of guilt by a court (whether in or out of Victoria) but does not include—

(a)a conviction or finding of guilt set aside by the Magistrates' Court under section 92; or

(b)a conviction or finding of guilt set aside by the County Court or the Supreme Court, as the case requires, under section 256; or

(c)a conviction or finding of guilt set aside by the Court of Appeal under section 277; or

(d)a conviction or finding of guilt by a children's court (whether in or out of Victoria) made more than 10 years before the hearing at which it is sought to be proved;

prison has the same meaning as in the Corrections Act 1986;

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proceeding, in relation to the Magistrates' Court, includes a committal proceeding but does not include the exercise by a registrar of the Magistrates' Court of any jurisdiction, power or authority vested in the registrar under the Fines Reform Act 2014;

protective services officer has the same meaning as in the Victoria Police Act 2013;

public official means—

(a)a public official within the meaning of the Public Administration Act 2004; or

(b)a person employed by, or the holder of an office in, or on the governing body of a Council within the meaning of the Local Government Act 2020; or

(c)in the case of a charge for an offence referred to in section 24ZW(1) of the Prevention of Cruelty to Animals Act 1986, a full-time officer of the Royal Society for the Prevention of Cruelty to Animals authorised under section 24ZW(1)(b) of that Act;

publish means disseminate or provide access to the public or a section of the public by any means, including by—

(a)publication in a book, newspaper, magazine or other written publication; or

(b)broadcast by radio or television; or

(c)public exhibition; or

(d)broadcast or electronic communication;

record of reasons means a record of reasons prepared for the purposes of section 12(3) of the Youth Justice Act 2024;

reference determination means a determination made by the Trial Division of the Supreme Court or the County Court (as the case requires) on a referral under section 319A(2);

related offences means offences that are founded on the same facts or form, or are part of, a series of offences of the same or a similar character;

related summary offence means a summary offence the proceedings for which are transferred from—

(a)the Magistrates' Court to the Supreme Court or the County Court under section 145; or

(b)the Supreme Court to the County Court under section 241A(1); or

(c)the County Court to the Supreme Court under section 241A(2);

responsible person, in relation to a person in detention, means—

(a)in the case of a prison, the officer in charge of the prison;

(b)in the case of a police gaol, the Chief Commissioner of Police;

(c)in the case of a designated mental health service within the meaning of the Mental Health and Wellbeing Act 2022, the authorised psychiatrist for the designated mental health service;

(d)in the case of a remand centre, youth residential centre or youth justice centre within the meaning of the Children, Youth and Families Act 2005, the Secretary to the Department of Human Services;

(e)in the case of a residential treatment facility within the meaning of the Disability Act 2006, the Secretary to the Department of Human Services;

return date, in relation to a criminal proceeding in the Magistrates' Court, means the first date on which the proceeding is listed before the court;

sentence includes—

(a)the recording of a conviction; and

(b)an order made under Part 3, 3A, 3B, 3BA, 3C, 3D, 4 or 5 of the Sentencing Act 1991, other than an order incidental to or preparatory to the making of the order; and

(c)an order made under section 11 or 11B of the Sex Offenders Registration Act 2004; and

(d)an order made under section 84S or 84T of the Road Safety Act 1986; and

(e)an order made under section 365, 367, 373, 380 or 387 of the Children, Youth and Families Act 2005 made by the Supreme Court in its original jurisdiction or the County Court in its original jurisdiction;

Note

Section 586 of the Children, Youth and Families Act 2005 gives the Supreme Court and the County Court, when sentencing a child for an indictable offence, power to impose any sentence which the Children's Court may impose.

sexual offence has the meaning given by section 4;

special hearing means a hearing conducted under section 370;

summary case conference means a conference referred to in section 54;

summary hearing means a hearing conducted in accordance with Part 3.3;

total effective sentence means the product of individual sentences and orders for cumulation or concurrency of those sentences imposed on a person on the same occasion;

traffic camera offence means—

(a)an offence under the Road Safety Act 1986 or regulations or rules under that Act that is detected by a road safety camera, a speed detector or a process prescribed for the purposes of that Act; or

(b)an offence under the Melbourne City Link Act 1995 that is detected by a tolling device or a process prescribed for the purposes of Part 4 of that Act; or

(c)an offence under the EastLink Project Act 2004 that is detected by a tolling device or a process prescribed for the purposes of Part 9 of that Act; or

(d)an offence under the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 that is detected by a tolling device or process prescribed for the purposes of Part 3 of that Act; or

(e)an offence under the North East Link Act 2020 that is detected by a tolling device or process prescribed for the purposes of Part 4 of that Act;

trial judge means the judge of the Trial Division of the Supreme Court or the judge of the County Court before whom an accused is tried;

Victoria Legal Aid means Victoria Legal Aid established under section 3 of the Legal Aid Act 1978;

youth justice centre means a youth justice centre established under section 478 of the Children, Youth and Families Act 2005.

4Meaning of sexual offence

(1)In this Act, sexual offence means any of the following offences (other than an offence excluded by subsection (2))—

(a)an offence against—

(i)a provision of Subdivision (8A), (8B), (8C), (8D), (8E), (8F), (8FAA) (except section 53N) or (8FA) of Division 1 of Part I of the Crimes Act 1958; or

(ii)section 327(2) (failure to disclose a sexual offence committed against a child under the age of 16 years) of the Crimes Act 1958; or

(iii)section 5(1), 6(1), 7(1), 8(1), 9(1) or 11(1) of the Sex Work Act 1994 despite its repeal by the Sex Work Decriminalisation Act 2022;

(ab)an intimate image offence;

(b)an offence an element of which involves—

(i)any person engaging in sexual activity; or

(ii)any person taking part in a sexual act; or

(iii)commercial sexual services; or

(iv)a sexual performance involving a child;

(c)an offence an element of which involves—

(i)an intention that any of the conduct referred to in paragraph (b) is to occur; or

(ii)soliciting, procuring, enabling or threatening any of the conduct referred to in paragraph (b); or

(iii)inducing or knowingly allowing a child to enter or remain on premises so that any of the conduct referred to in paragraph (b) may occur;

(d)an offence an element of which involves child abuse material;

(e)an offence an element of which involves indecency;

(f)an offence of attempting to commit, or of incitement or conspiracy to commit, an offence referred to in paragraph (a), (b), (c), (d) or (e);

(g)an offence against section 49C(2) (failure by person in authority to protect child from sexual offence) of the Crimes Act 1958 as in force before the commencement of section 16 of the Crimes Amendment (Sexual Offences) Act 2016.

(2)An offence against a provision of the Sex Work Act 1994, despite its repeal by the Sex Work Decriminalisation Act 2022, that is not referred to in subsection (1)(a)(iii) is not a sexual offence.

(3)In determining whether an offence at common law is a sexual offence, it does not matter that the offence has since been abolished.

(4)In determining whether an offence against an enactment is a sexual offence, it does not matter that the enactment has since been repealed.

(5)In determining whether an offence is a sexual offence, it does not matter that the offence is described in this section—

(a)differently from how it is described in the enactment or common law that establishes the offence; or

(b)by reference to an enactment that was not in operation on the date on which the offence is alleged to have been committed.

Example

Subdivision (13) of Division 1 of Part I of the Crimes Act 1958 previously included offences involving child pornography. That Subdivision has been repealed and replaced by new offences that refer to child abuse material rather than child pornography. Child pornography was defined to include material of a certain kind, and child abuse material is now defined as also including material of that kind. An offence against a provision of repealed Subdivision (13) is therefore a sexual offence under subsection (1)(d).

(6)In this section—

commercial sexual services has the meaning given by section 35(1) of the Crimes Act 1958;

sexual, in relation to an activity, has the meaning given by section 35D of the Crimes Act 1958;

sexual performance has the meaning given by section 49Q(3) of the Crimes Act 1958;

taking part in a sexual act has the meaning given by section 35C of the Crimes Act 1958.

CHAPTER 2—COMMENCING A CRIMINAL PROCEEDING

PART 2.1—WAYS IN WHICH A CRIMINAL PROCEEDING IS COMMENCED

5How a criminal proceeding is commenced

A criminal proceeding is commenced by—

(a)filing or signing a charge-sheet in accordance with section 6; or

(b)filing a direct indictment in accordance with section 159; or

(c)a direction under section 415 that a person be tried for perjury.

Note

A proceeding may also be commenced under section 83AL of the Sentencing Act 1991.

PART 2.2—CHARGE-SHEET AND LISTING OF MATTER

6Commencement of a criminal proceeding in the Magistrates' Court

(1)A criminal proceeding is commenced—

(a)by filing a charge-sheet containing a charge in the Magistrates' Court; or

(b)if the accused is arrested without a warrant and is released on bail, by filing a charge-sheet containing a charge with a bail justice; or

(c)if a summons is issued under section 14, at the time the charge-sheet is signed.

Notes

1 A criminal proceeding against a child is commenced in the same manner in the Children's Court: section 528 of the Children, Youth and Families Act 2005.

2 In the case of a criminal proceeding for an alleged offence by a child who was 12 or 13 years of age at the time of the alleged commission of the offence, a record of reasons must be filed with the charge-sheet.

(2)If a charge-sheet is filed in accordance with the method prescribed by the rules of court for electronic filing, the requirements of section 8(1) of the Electronic Transactions (Victoria) Act 2000 are taken to have been met.

(3)A charge-sheet must—

(a)be in writing; and

(b)be signed by the informant personally; and

(c)comply with Schedule 1.

Note

Section 18 requires an informant to nominate an address for service of documents and other details. That information may be included on a charge-sheet.

(4)The informant may include a request for a committal proceeding in a charge-sheet containing a charge for an indictable offence that may be heard and determined summarily.

7Time limits for filing a charge-sheet

(1)A proceeding for a summary offence must be commenced within 12 months after the date on which the offence is alleged to have been committed except where—

(a)otherwise provided by or under any other Act; or

(b)the accused gives written consent, and the DPP or a Crown Prosecutor consent, to the proceeding being commenced after the expiry of that period.

Note

See Part 5.1A of Chapter 5 of the Children, Youth and Families Act 2005 for a shorter time limit in relation to children.

(2)A proceeding for an indictable offence—

(a)may be commenced at any time, except where otherwise provided by or under this or any other Act; and

(b)may be heard and determined summarily even though the proceeding may have been commenced more than 12 months after the date on which the offence is alleged to have been committed.

7ATime limits on prosecuting certain former sexual offences removed

(1)Any immunity from prosecution arising because of the time limit imposed by the following repealed provisions on commencing a proceeding for an offence is abolished—

(a)section 47 of the Crimes Act 1928;

(b)section 51 of the Crimes Act 1957;

(c)section 51 of the Crimes Act 1958 (repealed by section 5 of the Crimes (Sexual Offences) Act 1980);

(d)section 48(6) of the Crimes Act 1958 (inserted by section 5 of the Crimes (Sexual Offences) Act 1980 and repealed by section 3 of the Crimes (Sexual Offences) Act 1991);

(e)section 49(6) of the Crimes Act 1958 (inserted by section 5 of the Crimes (Sexual Offences) Act 1980 and repealed by section 3 of the Crimes (Sexual Offences) Act 1991).

(2)Subsection (1) does not apply to an offence if the conduct constituting it would not constitute an offence under the law of Victoria immediately before the day after the day on which the Jury Directions Act 2015 receives the Royal Assent.

(3)Without limiting any other defence available to a person charged, because of subsection (1), with an offence of a kind described in column 1 of the Table in this subsection, the person may rely on a defence described in column 2 of that Table in relation to that offence.

Table

Column 1	Column 2
An offence against a child under the age of 16	A defence that would be available under section 45(4) of the Crimes Act 1958 if the person were charged with an offence under section 45(1) of that Act
An offence against a 16 or 17 year old child	A defence that would be available under section 48(2) of the Crimes Act 1958 if the person were charged with an offence under section 48(1) of that Act

7BUncertainty about time when sexual offence occurred

(1)This section applies if—

(a)conduct is alleged to have occurred at some time during a period; and

(b)the conduct, if proven, would constitute a sexual offence at all times during that period; and

(c)there is uncertainty as to when, during that period, the conduct allegedly occurred; and

(d)because of a change in the law during that period, the conduct, if proven, would constitute one sexual offence before the change and a different sexual offence after the change.

(2)A person may be charged with—

(a)whichever of those sexual offences has the lowest maximum penalty; or

(b)if both of the sexual offences have the same maximum penalty, the offence that the conduct, if proven, would have constituted before the change.

(3)The means by which an offence may be charged in accordance with subsection (2) include—

(a)including a charge for that offence in a fresh indictment within the meaning of section 164; or

(b)amending an indictment under section 165 so that it includes a charge for that offence.

(4)For the purposes of a proceeding that relates (wholly or partly) to an offence that is charged in accordance with subsection (2), the offence charged is taken to have been in force when the conduct allegedly occurred.

(5)In any such proceeding, any requirement to prove that the complainant was of a particular age is satisfied if the prosecution proves that the complainant was of that age at some time during the period.

8Order for amendment of charge-sheet

(1)The Magistrates' Court at any time may order that a charge-sheet be amended in any manner that the court thinks necessary, unless the required amendment cannot be made without injustice to the accused.

(2)If a charge-sheet is amended by order under this section, the charge-sheet is to be treated as having been filed in the amended form for the purposes of the hearing and all proceedings connected with the hearing.

(3)An amendment of a charge-sheet that has the effect of charging a new offence cannot be made after the expiry of the period, if any, within which a proceeding for the offence may be commenced.

(4)If a limitation period applies to the offence charged in the charge-sheet, the charge-sheet may be amended after the expiry of the limitation period if—

(a)the charge-sheet before the amendment sufficiently disclosed the nature of the offence; and

(b)the amendment does not amount to the commencement of a proceeding for a new offence; and

(c)the amendment will not cause injustice to the accused.

9Errors etc. in charge-sheet

(1)A charge-sheet is not invalid by reason only of a failure to comply with Schedule 1.

(2)A charge on a charge-sheet is not invalid by reason only of—

(a)omitting to state the time at which the offence was committed unless time is an essential element of the offence; or

(b)incorrectly stating the time at which the offence was committed; or

(c)stating the offence to have been committed on an impossible day or on a day that never happened.

10Listing of matter for mention hearing or filing hearing in the Magistrates' Court

(1)If a charge-sheet contains a charge for a summary offence, the proceeding must be listed for a mention hearing.

(2)Subject to subsection (3), if a charge-sheet contains a charge for an indictable offence that may be heard and determined summarily, the proceeding may be listed for a mention hearing or a filing hearing, having regard to any request for a committal proceeding included on the charge-sheet.

(3)If a notice to appear is served under section 21 and a charge-sheet is filed in accordance with section 22, the proceeding must be listed for a mention hearing on the date specified in the notice to appear.

(4)Despite subsections (1) and (2), if a charge-sheet contains a charge for an indictable offence that is not an indictable offence that may be heard and determined summarily, the proceeding must be listed for a filing hearing.

Notes

1A mention hearing is the first hearing for a charge that will be heard and determined summarily.

2A filing hearing is the first stage in a committal proceeding under Chapter 4.

3Section 28(1) sets out the indictable offences that may be heard and determined summarily.

11Place of hearing

(1)A criminal proceeding in the Magistrates' Court is to be heard at the venue of the court that is nearest to—

(a)the place where the offence is alleged to have been committed; or

(b)the place of residence of the accused—

except where otherwise provided by this or any other Act or by a nomination under subsection (2).

Note

Part 2 of the Magistrates' Court Act 1989 sets out the special requirements for matters that may be heard in the various Divisions of the Magistrates' Court: the Drug Court Division, the Koori Court Division, the Specialist Family Violence Court Division and the Neighbourhood Justice Division.

(2)The Chief Magistrate may from time to time, by notice published in the Government Gazette, nominate a venue of the Magistrates' Court as a venue for the hearing of a specified criminal proceeding or a specified class of criminal proceeding.

(3)A criminal proceeding in the Magistrates' Court is not invalid only because it was conducted at a venue of the court other than the venue referred to in subsection (1) or nominated under subsection (2).

PART 2.3—NOTIFYING ACCUSED OF COURT APPEARANCE

Division 1—Summons or warrant to arrest

12Court may issue summons or warrant to arrest

(1)On the filing of a charge-sheet under section 6, an application may be made to a registrar of the Magistrates' Court for the issue of—

(a)a summons to answer to the charge directed to the accused; or

(b)a warrant to arrest in order to compel the attendance of the accused—

unless a notice to appear has been served on the accused under Division 2.

Note

There is a presumption in favour of proceeding by summons if an accused is a child—see section 345 of the Children, Youth and Families Act 2005.

(2)An application under subsection (1)(b) must be made by the informant personally but an application under subsection (1)(a) may be made by the informant or a person on behalf of the informant.

(3)An application under subsection (1) may be made by the applicant in person, by post, by electronic communication or otherwise in accordance with the manner prescribed by the rules of court.

(4)On an application under subsection (1), the registrar must, if satisfied that the charge discloses an offence known to law, issue—

(a)a summons to answer to the charge; or

(b)subject to subsection (5), a warrant to arrest.

(5)A registrar of the Magistrates' Court must not issue in the first instance a warrant to arrest unless satisfied by sworn or affirmed evidence, whether oral or by affidavit, that—

(a)it is probable that the accused will not answer a summons; or

(b)the accused has absconded, is likely to abscond or is avoiding service of a summons that has been issued; or

(c)a warrant is required or authorised by any other Act or for other good cause.

Notes

1If an accused fails to appear in answer to a summons, sections 80 and 81 provide for the issue of a warrant to arrest the accused. Section 330 provides for the issue of a warrant to arrest a person who has been remanded in custody or granted bail to attend a hearing but fails to attend.

2Section 29 of the Magistrates' Court Act 1989 enables a magistrate to exercise the powers of a registrar to issue a summons or warrant.

13Summons or warrant to be accompanied by charge‑sheet and notice when served

A summons to answer to a charge issued under section 12 or 14 or a warrant to arrest issued under section 12, on service or execution on the accused, must be accompanied by—

(a)a copy of the charge-sheet; and

(ab)in the case of a charge for an offence against a child who was 12 or 13 years of age at the time of the alleged commission of the offence, a copy of the record of reasons for the charge; and

(b)a notice, in the form prescribed by the rules of court, containing—

(i)if the charge is for an indictable offence that may not be heard and determined summarily or the charge-sheet contains a request for a committal proceeding, a summary of Part 4.4; and

(ii)if the charge is for any other indictable offence or a summary offence, a summary of Division 2 of Part 3.2; and

(iii)advice that the accused should seek legal advice and that the accused has the right, if eligible, to legal aid under the Legal Aid Act 1978; and

(iv)details of how to contact Victoria Legal Aid.

14Police or public official may issue summons

(1)Without limiting the power of a registrar of the Magistrates' Court or the Court in any way—

(a)a police officer; or

(b)a public official acting in the performance of his or her duty (whether the power to commence the proceeding is conferred on him or her by or under an Act or at common law)—

may, after signing a charge-sheet containing a charge, issue a summons to answer to the charge.

Note

There is a presumption in favour of proceeding by summons if an accused is a child—see section 345 of the Children, Youth and Families Act 2005.

(2)If a police officer or a public official issues a summons under subsection (1), he or she must file the charge-sheet and summons in the Magistrates' Court within 7 days after signing the charge-sheet.

(3)If it appears to the Magistrates' Court that subsection (2) has not been complied with in relation to a proceeding, the court may strike out the charge.

Note

Section 401(3) allows the court to award costs if a charge is struck out.

15Contents of summons

(1)A summons to answer to a charge must direct the accused to appear at the venue of the Magistrates' Court referred to in section 11 on a specified date and at a specified time to answer the charge.

(2)A summons to answer to a charge for an indictable offence that is to be served on a corporate accused must state that, if the accused does not appear in answer to the summons, the Magistrates' Court may proceed—

(a)in the case of an indictable offence that may be heard and determined summarily, to hear and determine the charge in the absence of the accused in accordance with Division 10 of Part 3.3; or

(b)in any case, to conduct a committal proceeding in the absence of the accused in accordance with Chapter 4.

Notes

1See sections 80, 81 and 82 for consequences of failing to appear in answer to a summons.

2Section 28(1) sets out the indictable offences that may be heard and determined summarily.

16Personal service of summons

Except where otherwise expressly enacted, every summons to answer to a charge must be served personally on the accused in accordance with section 391—

(a)subject to paragraph (b), at least 14 days before the return date;

(b)in the case of a charge for an indictable offence in respect of which a registrar of the Magistrates' Court has fixed a date for a filing hearing, at least 7 days before that date or any other time before that date that is prescribed by the rules of court.

Note

See section 399(4) for filing in court of affidavit or declaration of service.

17Summons for summary offence may be served by ordinary service

(1)A summons to answer to a charge for a summary offence (other than a traffic camera offence) must be served personally on the accused in accordance with section 391 unless the informant is satisfied that ordinary service is appropriate in all the circumstances.

Note

Section 394 provides for ordinary service.

(2)In considering whether to effect service of a summons by ordinary service, an informant must consider whether it is an appropriate method of service in all the circumstances as known by the informant including—

(a)the nature and gravity of the alleged offence;

(b)whether the accused has previously been found guilty or convicted of any similar offence;

(c)the period of time that has elapsed since the accused's address for service was ascertained.

(3)If a summons is served in accordance with section 394(1)(a), evidence of service must state—

(a)how the informant ascertained the address to which the summons was posted; and

(b)the time and place of posting; and

(c)whether the informant considered the matters referred to in subsection (2) before determining to effect service by post.

17AService of summons for traffic camera offence

(1)A summons to answer to a charge for a traffic camera offence may be served personally on the accused in accordance with section 391 or by ordinary service in accordance with section 394.

(2)If a summons is served in accordance with section 394(1)(a) or (ab), evidence of service must state—

(a)how the informant ascertained the address to which the summons was posted; and

(b)the time and place of posting.

18Informant must nominate address etc. for service of documents

(1)An informant must nominate in writing a business address, email address, if any, and fax number for service on the informant of documents in relation to a charge.

(2)A nomination under subsection (1) may be included on a charge-sheet or any other document served with a charge-sheet.

19Extension of return date if summons not served

(1)If the informant has not served a summons to answer to a charge, the appropriate registrar may extend a return date specified in the summons without cause on one occasion on the application of the informant—

(a)before the return date; or

(b)within 28 days after the return date.

(2)The appropriate registrar may extend a return date on a subsequent occasion on the application of the informant—

(a)before the current return date; or

(b)within 28 days after the current return date—

if the registrar is satisfied by sworn or affirmed evidence, whether oral or by affidavit, that reasonable efforts have been made to serve the summons.

Note

See also section 331 as to the court's general power of adjournment.

20Adjournment of proceeding on application of accused

On the application of the accused, the appropriate registrar may—

(a)if the accused is not on bail or in custody, before or on the return date or on the date to which the proceeding is adjourned, adjourn the proceeding to a later date;

(b)if the accused is on bail, on the return date or on the date to which the proceeding is adjourned, adjourn the proceeding to a later date and extend bail but not vary the conditions of bail or revoke bail.

Note

See also section 331 as to the court's general power of adjournment.

Division 2—Notice to appear

21Police or public official may serve notice to appear

(1)A police officer or a public official acting in the performance of his or her duties may serve on a person a notice to appear if the police officer or public official reasonably suspects that the person has committed—

(a)a summary offence; or

(b)an indictable offence that may be heard and determined summarily.

(2)A notice to appear must—

(a)state the name of the person serving the notice; and

(b)if the notice is served by a public official, state the name of the employer of the public official; and

(c)state a telephone number and email address at which the person serving the notice may be contacted and the business address of the person and may state similar details for a person authorised to act in relation to the notice on behalf of the person serving the notice; and

(d)state the full name and address of the person served with the notice; and

(e)state the offence that the person served with the notice is suspected of having committed; and

(f)state in general terms the circumstances of the suspected offence; and

(g)direct the person served with the notice to appear at a venue of the Magistrates' Court on a date (at least 28 days after the date of service of the notice) and at a time specified in the notice to answer any charge in respect of the suspected offence; and

(h)include a summary of this Division; and

(i)be signed by the person serving the notice.

(3)A notice to appear must be served by—

(a)giving it to the person to be served; or

(b)if the person does not accept it, by putting it down in the person's presence and telling the person the nature of the document.

22Notice to appear lapses unless charge-sheet filed within 14 days

(1)If a police officer or a public official serves a notice to appear on a person, the notice lapses on the expiry of 14 days after service unless, within that period, the police officer or public official files in the Magistrates' Court—

(a)a charge-sheet containing a charge against the person for the suspected offence stated in the notice to appear or a related offence; and

(b)a copy of the notice to appear; and

(c)evidence of service.

(2)Failure to file a charge-sheet in accordance with subsection (1) does not affect the filing of a charge-sheet at any later time.

23Notice to be given on lapsing

(1)Within 7 days after the lapsing of a notice to appear, the police officer or public official who served the notice must ensure that—

(a)written notice is given to the person on whom the notice to appear was served that—

(i)a charge-sheet has not been filed; and

(ii)the person is not required to appear at the Magistrates' Court on the date and at the time specified in the notice to appear; and

(b)the Magistrates' Court is notified that the notice to appear has lapsed.

(2)A notice under subsection (1) is given by sending it by prepaid ordinary post addressed to the person at the last known address of the person.

Justice Legislation Miscellaneous Amendments Act 2009, No. 87/2009

Assent Date:	15.12.09
Commencement Date:	S. 6 on 16.12.09: s. 2(1)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date:	2.3.10
Commencement Date:	S. 203(1)(Sch. 6 item 11) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Justice Legislation Amendment Act 2010, No. 30/2010

Assent Date:	8.6.10
Commencement Date:	S. 77 on 1.1.10: s. 2(2); ss 56–76 on 26.6.10: Government Gazette 24.6.10 p. 1274
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Courts Legislation Miscellaneous Amendments Act 2010, No. 34/2010

Assent Date:	15.6.10
Commencement Date:	S. 47 on 1.1.11: s. 2(5)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010

Assent Date:	28.9.10
Commencement Date:	S. 81(Sch. item 5) on 1.11.10: s. 2(2)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Marine Safety Act 2010, No. 65/2010

Assent Date:	28.9.10
Commencement Date:	S. 420(Sch. 3 item 4) on 1.7.12: s. 2(2)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Bail Amendment Act 2010, No. 70/2010

Assent Date:	19.10.10
Commencement Date:	S. 36 on 1.1.11: s. 2(2)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 24) on 22.6.11: s. 2(1)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011 (as amended by No. 43/2012)

Assent Date:	22.11.11
Commencement Date:	S. 107(Sch. item 4) on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Justice Legislation Further Amendment Act 2011, No. 67/2011

Assent Date:	29.11.11
Commencement Date:	S. 3 on 30.11.11: s. 2
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Criminal Procedure Amendment (Double Jeopardy and Other Matters) Act 2011, No. 81/2011

Assent Date:	21.12.11
Commencement Date:	S. 22(1)−(3) on 21.12.11: s. 2(1); ss 3–19 on 18.3.12: Special Gazette (No. 66) 6.3.12 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Associations Incorporation Reform Act 2012, No. 20/2012

Assent Date:	1.5.12
Commencement Date:	S. 226(Sch. 5 item 10) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Courts and Sentencing Legislation Amendment Act 2012, No. 26/2012

Assent Date:	29.5.12
Commencement Date:	Ss 73, 74 on 16.7.12: Special Gazette (No. 237) 3.7.12 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Criminal Procedure Amendment Act 2012, No. 48/2012

Assent Date:	4.9.12
Commencement Date:	Ss 4–9, 11–32 on 5.9.12: s. 2(1); s. 10 on 1.11.12: s. 2(3)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Criminal Procedure and Sentencing Acts Amendment (Victims of Crime) Act 2012, No. 49/2012

Assent Date:	4.9.12
Commencement Date:	Ss 3–5 on 31.1.13: s. 2(2)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Offshore Petroleum and Greenhouse Gas Storage Amendment (NOPSEMA) Act 2012, No. 74/2012

Assent Date:	4.12.12
Commencement Date:	S. 55 on 1.1.13: s. 2
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Integrity and Accountability Legislation Amendment Act 2012, No. 82/2012

Assent Date:	18.12.12
Commencement Date:	S. 160 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 2
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Jury Directions Act 2013, No. 12/2013

Assent Date:	13.3.13
Commencement Date:	Ss 29–32 on 1.7.13: s. 2(2)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Rail Safety National Law Application Act 2013, No. 22/2013

Assent Date:	23.4.13
Commencement Date:	S. 80 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 2
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013, No. 32/2013

Assent Date:	4.6.13
Commencement Date:	S. 43 on 5.6.13: s. 2(1); s. 53 on 19.4.14: Special Gazette (No. 122) 15.4.14 p. 2
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Road Safety and Sentencing Acts Amendment Act 2013, No. 56/2013

Assent Date:	24.9.13
Commencement Date:	S. 34 on 25.9.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013

Assent Date:	12.11.13
Commencement Date:	S. 649(Sch. 9 item 10) on 1.7.14: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Justice Legislation Amendment (Miscellaneous) Act 2013, No. 77/2013

Assent Date:	17.12.13
Commencement Date:	S. 17 on 18.12.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 30) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
CurrentState:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Mental Health Act 2014, No. 26/2014

Assent Date:	8.4.14
Commencement Date:	S. 455(Sch. item 8) on 1.7.14: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 41) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Fines Reform Act 2014, No. 47/2014

Assent Date:	1.7.14
Commencement Date:	Ss 256–259 on 31.12.17: Special Gazette (No. 443) 19.12.17 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Crime Statistics Act 2014, No. 54/2014

Assent Date:	26.8.14
Commencement Date:	S. 16 on 1.1.15: Special Gazette (No. 364) 14.10.14 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014

Assent Date:	26.8.14
Commencement Date:	Ss 168, 171 on 27.8.14: s. 2(1); ss 108–118 on 1.10.14: Special Gazette (No. 330) 23.9.14 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Powers of Attorney Act 2014, No. 57/2014

Assent Date:	26.8.14
Commencement Date:	S. 150 on 1.9.15: s. 2(2)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Privacy and Data Protection Act 2014, No. 60/2014

Assent Date:	2.9.14
Commencement Date:	S. 140(Sch. 3 item 10) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Crimes Amendment (Sexual Offences and Other Matters) Act 2014, No. 74/2014

Assent Date:	21.10.14
Commencement Date:	S. 10 on 22.10.14: s. 2(1); ss 11–16 on 1.7.15: s. 2(3)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Jury Directions Act 2015, No. 14/2015

Assent Date:	12.5.15
Commencement Date:	S. 80 on 13.5.15: s. 2(1); s. 69(4)–(6) on 29.6.15: s. 2(4)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Justice Legislation Amendment Act 2015, No. 20/2015

Assent Date:	16.6.15
Commencement Date:	S. 42 on 17.6.15: s. 2(3)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Crimes Amendment (Child Pornography and Other Matters) Act 2015, No. 42/2015

Assent Date:	22.9.15
Commencement Date:	Ss 12–23 on 1.12.15: s. 2(2)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Bail Amendment Act 2016, No. 1/2016

Assent Date:	16.2.16
Commencement Date:	S. 22(2) on 2.5.16: Special Gazette (No. 103) 19.4.16 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Justice Legislation Further Amendment Act 2016, No. 3/2016

Assent Date:	16.2.16
Commencement Date:	Ss 60–84 on 1.5.16: Special Gazette (No. 114) 26.4.16 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Confiscation and Other Matters Amendment Act 2016, No. 27/2016

Assent Date:	31.5.16
Commencement Date:	S. 45 on 1.6.16: s. 2(1)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Crimes Legislation Amendment Act 2016, No. 28/2016

Assent Date:	31.5.16
Commencement Date:	Ss 9, 10 on 1.6.16: s. 2(1); s. 12 on 6.2.17: s. 2(3)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Justice Legislation (Evidence and Other Acts) Amendment Act 2016, No. 38/2016

Assent Date:	28.6.16
Commencement Date:	S. 9 on 12.9.16: Special Gazette (No. 278) 6.9.16 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016

Assent Date:	6.9.16
Commencement Date:	S. 37 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Crimes Amendment (Carjacking and Home Invasion) Act 2016, No. 50/2016

Assent Date:	18.10.16
Commencement Date:	S. 8 on 7.12.16: Special Gazette (No. 375) 6.12.16 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Crimes Legislation Further Amendment Act 2017, No. 6/2017

Assent Date:	15.3.17
Commencement Date:	Ss 3–9 on 1.4.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Heritage Act 2017, No. 7/2017

Assent Date:	15.3.17
Commencement Date:	S. 299 on 1.11.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Family Violence Protection Amendment Act 2017, No. 19/2017

Assent Date:	16.5.17
Commencement Date:	Ss 56–58 on 29.3.18: Special Gazette (No. 136) 27.3.18 p. 2
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Building Amendment (Enforcement and Other Measures) Act 2017, No. 21/2017

Assent Date:	23.5.17
Commencement Date:	S. 112 on 24.5.17: s. 2(1)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Sex Offenders Registration Amendment (Miscellaneous) Act 2017, No. 25/2017

Assent Date:	20.6.17
Commencement Date:	S. 56 on 1.3.18: s. 2(4)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Bail Amendment (Stage One) Act 2017, No. 26/2017

Assent Date:	27.6.17
Commencement Date:	S. 22 on 21.5.18: Special Gazette (No. 218) 15.5.18 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Jury Directions and Other Acts Amendment Act 2017, No. 37/2017

Assent Date:	29.8.17
Commencement Date:	Ss 11–16 on 1.10.17: s. 2(3)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017

Assent Date:	29.8.17
Commencement Date:	S. 83 on 30.8.17: s. 2(1)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017, No. 43/2017

Assent Date:	26.9.17
Commencement Date:	S. 64(4) on 30.11.17: Special Gazette (No. 406) 28.11.17 p. 1; s. 35 on 26.2.18: Special Gazette (No. 406) 28.11.17 p. 1; ss 25–27, 36 on 5.4.18: Special Gazette (No. 136) 27.3.18 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Act 2017, No. 57/2017

Assent Date:	8.11.17
Commencement Date:	S. 47 on 27.2.18: Special Gazette (No. 49) 13.2.18 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Bail Amendment (Stage Two) Act 2018, No. 3/2018

Assent Date:	27.2.18
Commencement Date:	S. 27 on 5.4.18: Special Gazette (No. 136) 27.3.18 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Justice Legislation Amendment (Victims) Act 2018, No. 5/2018

Assent Date:	27.2.18
Commencement Date:	Ss 11–17, 25–31 on 28.2.18: s. 2(1)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 38) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Major Events Legislation Amendment (Ticket Scalping and Other Matters) Act 2018, No. 13/2018

Assent Date:	15.5.18
Commencement Date:	S. 27 on 1.6.18: Special Gazette (No. 248) 29.5.18 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Serious Offenders Act 2018, No. 27/2018

Assent Date:	26.6.18
Commencement Date:	S. 357 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Justice Legislation Amendment (Terrorism) Act 2018, No. 32/2018

Assent Date:	7.8.18
Commencement Date:	S. 132 on 30.11.18: Special Gazette (No. 497) 23.10.18 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018

Assent Date:	14.8.18
Commencement Date:	S. 116 on 3.10.18: Special Gazette (No. 456) 2.10.18 p. 1; s. 38 on 29.3.19: Special Gazette (No. 114) 26.3.19 p. 1; s. 46 on 1.9.20: s. 2(3)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020)

Assent Date:	28.8.18
Commencement Date:	S. 35 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Justice Legislation Miscellaneous Amendment Act 2018, No. 48/2018

Assent Date:	25.9.18
Commencement Date:	Ss 32–38, 40–42 on 28.10.18: Special Gazette (No. 480) 16.10.18 p. 1; ss 20–31 on 3.3.19: Special Gazette (No. 480) 16.10.18 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

West Gate Tunnel (Truck Bans and Traffic Management) Act 2019, No. 8/2019

Assent Date:	26.3.19
Commencement Date:	S. 91 on 19.2.20: s. 2(3)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019

Assent Date:	25.6.19
Commencement Date:	S. 258 on 1.7.20: s. 2(4)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Mineral Resources (Sustainable Development) Amendment Act 2019, No. 32/2019

Assent Date:	17.9.19
Commencement Date:	S. 53 on 30.6.20: s. 2(3)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, No. 41/2019

Assent Date:	6.11.19
Commencement Date:	S. 117(Sch. 1 item 2) on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Justice Legislation Amendment (Criminal Appeals) Act 2019, No. 44/2019

Assent Date:	19.11.19
Commencement Date:	Ss 33−37 on 4.12.19: Special Gazette (No. 496) 3.12.19 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date:	3.12.19
Commencement Date:	S. 186(Sch. 4 item 9) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Workplace Safety Legislation Amendment (Workplace Manslaughter and Other Matters) Act 2019, No. 50/2019

Assent Date:	3.12.19
Commencement Date:	S. 10 on 1.7.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 20.1) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1; s. 390(Sch. 1 item 20.2) on 24.10.20: s. 2(3)(f)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020

Assent Date:	24.4.20
Commencement Date:	Ss 32, 33 on 25.4.20: s. 2
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Crimes Amendment (Manslaughter and Related Offences) Act 2020, No. 16/2020

Assent Date:	10.6.20
Commencement Date:	Ss 17−19 on 1.7.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

North East Link Act 2020, No. 18/2020

Assent Date:	10.6.20
Commencement Date:	S. 125 on 1.3.21: s. 2(2)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Wage Theft Act 2020, No. 21/2020

Assent Date:	23.6.20
Commencement Date:	Ss 80, 81 on 1.7.21: s. 2(2)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Justice Legislation Miscellaneous Amendments Act 2020, No. 22/2020

Assent Date:	30.6.20
Commencement Date:	Ss 8–17 on 1.7.20: s. 2
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Sentencing Amendment (Emergency Worker Harm) Act 2020, No. 23/2020

Assent Date:	30.6.20
Commencement Date:	Ss 7, 8 on 1.3.21: s. 2(3)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020

Assent Date:	20.10.20
Commencement Date:	S. 23 on 21.10.20: s. 2
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021

Assent Date:	23.3.21
Commencement Date:	Ss 44–50 on 26.4.21: s. 2(2)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Energy Legislation Amendment (Energy Fairness) Act 2021, No. 28/2021

Assent Date:	10.8.21
Commencement Date:	S. 31 on 1.3.22: Special Gazette (No. 87) 22.2.22 p. 1
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Transport Legislation Miscellaneous Amendments Act 2021, No. 30/2021

Assent Date:	10.8.21
Commencement Date:	S. 86 on 1.3.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Firearms and Other Acts Amendment Act 2021, No. 44/2021

Assent Date:	26.10.21
Commencement Date:	S. 4 on 27.10.21: s. 2(1)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022

Assent Date:	15.2.22
Commencement Date:	Ss 3, 4, 8–13, 111–115, 124, 125 on 16.2.22: s. 2(1); ss 63−79 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1; ss 5–7 on 1.10.22: s. 2(3)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Sex Work Decriminalisation Act 2022, No. 7/2022

Assent Date:	1.3.22
Commencement Date:	Ss 67–69 on 1.12.23: s. 2(3)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Justice Legislation Amendment (Trial by Judge Alone and Other Matters) Act 2022, No. 11/2022

Assent Date:	29.3.22
Commencement Date:	Ss 3, 4 on 30.3.22: s. 2
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022, No. 38/2022

Assent Date:	6.9.22
Commencement Date:	Ss 67, 73−79, 81, 92 on 7.9.22: s. 2(1); s. 60 on 1.1.23: s. 2(3); s. 80 on 1.1.23: s. 2(6); ss 23, 24, 61–66, 68–72 on 30.7.23: s. 2(5)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Mental Health and Wellbeing Act 2022, No. 39/2022

Assent Date:	6.9.22
Commencement Date:	S. 820 on 1.9.23: s. 2(2)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023

Assent Date:	5.9.23
Commencement Date:	S. 7(Sch. 1 item 7) on 6.9.23: s. 2
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Justice Legislation Amendment Act 2023, No. 26/2023

Assent Date:	10.10.23
Commencement Date:	Ss 33, 63 on 11.10.23: s. 2(1)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Bail Amendment Act 2023, No. 28/2023

Assent Date:	24.10.23
Commencement Date:	S. 67 on 25.3.24: s. 2(2)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Justice Legislation Amendment (Integrity, Defamation and Other Matters) Act 2024, No. 31/2024

Assent Date:	10.9.24
Commencement Date:	Ss 9–11, 26 on 11.9.24: s. 2(1)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Youth Justice Act 2024, No. 32/2024

Assent Date:	10.9.24
Commencement Date:	Ss 811–826 on 30.9.25: s. 2(2)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Justice Legislation Amendment (Anti‐vilification and Social Cohesion) Act 2025, No. 11/2025

Assent Date:	8.4.25
Commencement Date:	S. 37 on 20.9.25: s. 2(3)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Justice Legislation Amendment (Miscellaneous) Act 2025, No. 20/2025

Assent Date:	18.6.25
Commencement Date:	Ss 5–12 on 19.6.25: s. 2
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date:	5.8.25
Commencement Date:	S. 106(Sch. 1 item 9) on 6.8.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Criminal Procedure Act 2009

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3   Explanatory details

[1] S. 255(5)(ab): The amendment proposed by section 64 of the Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022 is not included in this publication because the words "or the Prothonotary of the Supreme Court" do not appear in section 255(5)(ab). Section 64 reads as follows—

64How appeal is commenced

In section 255(5)(ab) of the Criminal Procedure Act 2009, for "or the Prothonotary of the Supreme Court" insert ", the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals, as the case requires,".