New South Wales Consolidated Regulations

CRIMINAL PROCEDURE REGULATION 2017

- Made under the Criminal Procedure Act 1986
- As at 8 November 2024
- Reg 437 of 2017

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - LISTING OF CRIMINAL PROCEEDINGS

   4.      Information for Criminal Listing Director
   5.      Notice of appearance
   6.      Transcript
   7.      Notice of readiness
   8.      Application to stay indictment
   9.      Notice of listing

   PART 2A - COMMITTAL PROCEEDINGS

           Division 1 - Committal process

   9A.     Oral explanation of committal process
   9B.     Written explanation of committal process
   9C.     Prosecutors who may exercise charge certificate and case conference functions
   9D.     Charge certificates
   9E.     Availability of accused persons to give instructions for purposes of case conference
   9F.     Attendance of accused persons at case conferences
   9G.     Case conference certificates

           Division 2 - Witness statements in committal proceedings

   9H.     Application of Division
   9I.     Endorsement of written statements
   9J.     Addresses, dates of birth and phone numbers not to be disclosed on written statements
   9K.     Signing of written statements by maker or another person on the maker's behalf
   9L.     Presumptions about age and language
   9M.     Presumptions about signatures on written statements

   PART 3 - COURT COSTS LEVY

   10.     Court costs levy
   11.     Exemption from liability to pay levy

   PART 4 - FEES

   12.     Amounts payable in relation to court proceedings
   12A.    (Repealed)
   13.     Amounts payable in relation to Sheriff's functions
   13A.    Annual adjustment of fees--the Act, s 4A
   14.     Persons by and to whom fees are payable
   15.     When fees become due
   16.     General power to waive, postpone and remit fees
   17.     Postponement of fees for legally assisted persons
   18.     Court fees payable by certain NSW Government agencies or statutory bodies representing the Crown

   PART 5 - RECORDED INTERVIEWS WITH VULNERABLE PERSONS

   19.     Definitions
   20.     Prosecuting authority notice
   21.     Defence notice
   22.     Recorded interview to be made available within 7 days

   PART 6 - EVIDENTIARY MATTERS

   23.     Notice--evidence of substantial mental impairment
   24.     Offences for which briefs of evidence not required
   25.     Short briefs of evidence required in certain circumstances
   26.     New trials of sexual assault proceedings--notice of intention to tender record of original evidence of complainant
   27.     Access to record of original evidence of complainant
   28.     Compellability of family members
   29.     Depositions by persons dangerously ill
   30.     Authorised classifiers

   PART 7 - CIRCLE SENTENCING INTERVENTION PROGRAM

           Division 1 - Preliminary

   31.     Program declared to be intervention program
   32.     Definitions
   33.     Application
   34.     Summary of process for participation in program

           Division 2 - Assessment of suitability to participate

   35.     Notification of suitability assessment order
   36.     Meeting of Aboriginal Community Justice Group
   37.     Role of Aboriginal Community Justice Group
   38.     Program Officer to assess if unable to convene meeting within reasonable period

           Division 3 - The circle sentencing intervention program

   39.     Objectives of the program
   40.     Eligibility to participate in program
   41.     Measures that constitute the circle sentencing program
   42.     Convening of circle sentencing group
   43.     Constitution of circle sentencing group
   44.     Functions of circle sentencing groups
   45.     Exclusions of persons from circle sentencing groups
   46.     Termination of circle sentencing group meeting
   47.     Victims to be heard
   48.     Procedure generally
   49.     Records of meetings
   50.     Reconvening of the circle sentencing group

           Division 4 - Aboriginal Community Justice Groups

   51.     Minister to establish Group for each specified place
   52.     Appointment of members of Groups
   53.     Functions of Groups
   54.     Procedure

           Division 5 - Miscellaneous

   55.     Program Officer
   56.     Minister may issue guidelines
   57.     Evidence of statements generally inadmissible
   58.     Prohibition on disclosure of information

   PART 8 - (Repealed)
   None

   PART 9 - TRAFFIC OFFENDER INTERVENTION PROGRAM

           Division 1 - Preliminary

   96.     Program declared to be intervention program
   97.     Definitions
   98.     Summary of process for participation in program

           Division 2 - Determining eligibility to participate in program

   99.     Eligibility to participate in program

           Division 3 - The traffic offender intervention program

   100.    Objective of the program
   101.    Measures that constitute the program
   102.    Reports to Local Court on compliance
   103.    Approved traffic course provider to make records

           Division 4 - Approved traffic courses

   104.    Secretary may approve courses for program
   105.    Approved traffic course to comply with guidelines

           Division 5 - Miscellaneous

   106.    Secretary may issue guidelines
   107.    Evidence of statements generally inadmissible
   108.    Prohibition on disclosure of information

   PART 10 - EVIDENCE IN CHILD SEXUAL OFFENCE PROCEEDINGS

   108A.   (Repealed)
   109.    Qualifications for inclusion on panel of suitable witness intermediaries
   110.    Suspension or revocation of inclusion of witness intermediaries on panel
   111.    Form of oath or affirmation taken or made by witness intermediaries
   112.    (Repealed)

   PART 11 - MISCELLANEOUS

   113.    Public officers
   114.    Certificate by Attorney General or Director of Public Prosecutions that no further proceedings to be taken
   115.    Offences not within jurisdiction of District Court
   116.    Issue of subpoenas in AVO proceedings
   117.    Election not to have indictable offence dealt with summarily
   118.    Delegation of functions
   119.    Savings
   119A.   Transitional provision relating to committal proceedings procedures
   119B.   Transitional provision relating to case management of WHS prosecutions in District Court
   119C.   Transitional provision--fees
   120.    Savings provision--Ministerial declarations about application of circle sentencing program
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4