Commonwealth Numbered Regulations

SUMMARY AUTHORITY RULES (SLI NO 248 OF 2009)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name of Rules  
   2.      Commencement  
   3.      Repeal  
   4.      Definitions  
   5.      Matters not covered by the Act, these Rules or the regulations  
   6.       Instrument for section 194A of the Act  

   PART 2--CHARGING AND SUMMONING ACCUSED PERSON

   7.      Charge sheets  
   8.      Charges  
   9.      How charges to be interpreted  
   10.     Summons to accused person  
   11.     Service of summons on accused person  

   PART 3--REPRESENTATION OF ACCUSED PERSON

   12.     Defence of accused person at summary hearing  
   13.     Self-representation  

   PART 4--DISCLOSURE OF PROSECUTION CASE

   14.     Accused person to be given copies of statements by witnesses  

   PART 5--SUMMARY AUTHORITY PROCEEDINGS --GENERAL PROVISIONS

   15.     General responsibilities of summary authority  
   16.     Order referring charge or case to superior summary authority or commanding officer  
   17.     Administration of oaths and affirmations  
   18.     Application by accused person or prosecuting officer for adjournment  
   19.     Amendment of charge sheet by summary authority  
   20.     Recorders -- general  
   21.     Recorders -- objections  
   22.     Recorders -- administration of oaths and affirmations  
   23.     Interpreters -- general  
   24.     Interpreters -- objections  
   25.     Interpreters -- administration of oaths and affirmations  

   PART 6--SUMMARY AUTHORITY PROCEEDINGS --DEALING WITH A CHARGE

   26.     Dealing with a charge  

   PART 7--SUMMARY AUTHORITY PROCEEDINGS --TRYING A CHARGE

   27.     Application of Part 7  
   28.     Pleading to charges  
   29.     Plea of guilty -- outline of charge and material facts for purpose of election during trial  
   30.     Opening address by prosecution  
   31.     Submission of no case to answer  
   32.     Opening address by accused person or representative  
   33.     Closing addresses  
   34.     What summary authority can have regard to in making a finding as to whether or not a charge or alternative offence is proved  
   35.     Reasons for finding of guilty and conviction  

   PART 8--IMPOSITION OF PUNISHMENTS AND MAKING OF ORDERS

   36.     Evidence of material facts after conviction on plea of guilty  
   37.     Convicted person's record etc and plea in mitigation  
   38.     Reasons for punishment or orders  

   PART 9--RULES OF EVIDENCE

   39.     Evidence of general orders  
   40.     Certificate of analyst in respect of prohibited drugs  
   41.     Accused person -- right to silence  
   42.     Competence of witness to give evidence  
   43.     Compellability of witnesses -- general  
   44.     Compellability of witness -- confidential communications  
   45.     Compellability of witness -- self-incrimination  
   46.     Witnesses -- evidence by audio-visual link or audio link  
   47.     Witnesses -- sworn evidence  
   48.     Examination of witnesses  
   49.     Recalling of witnesses and calling of further witnesses  
   50.     Witness to reply immediately  
   51.     Tender of witness statements  
   52.     Witness statement -- exhibit  
   53.     Relevance  
   54.     Credibility  
   55.     Primary evidence  
   56.     Secondary evidence  
   57.     Documentary evidence  
   58.     Opinion evidence  
   59.     Character evidence  
   60.     Related misconduct evidence  
   61.     Tangible evidence  
   62.     Discretion to exclude  
   63.     Admissions  
   64.     Assessment of evidence  

   PART 10--WITNESSES

   65.     Securing appearance of witness on behalf of accused person  
   66.     Summons to witness  
   67.     Service of summons to witness  
   68.     Personal service of summons on witness  
   69.     Time for service of summons on witness  
   70.     Exclusion of witness from proceedings  
   71.     Payment of witnesses expenses  

   PART 11--EXHIBITS

   72.     Exhibits  
   73.     Inspection and copying of exhibits before proceedings  
   74.     Inspection of exhibits during proceedings  

   PART 12--PROCEDURE FOR IMPOSING PUNISHMENT OR MAKING AN ORDER IN CASE OF BREACH OF UNDERTAKING TO BE OF GOOD BEHAVIOUR

   75.     Application of Part 12  
   76.     Evidence of material facts, convicted person's record etc and plea in mitigation  

   PART 13--RECORD OF SUMMARY AUTHORITY PROCEEDINGS

   77.     Keeping record of summary authority proceedings  
   78.     Securing record of summary authority proceedings  
   79.     Inspection of record of proceedings etc during summary authority proceedings  
   80.     Loss of original record of summary authority proceedings  
           SCHEDULE 1 Statement of offences