South Australian Current Acts

CRIMINAL PROCEDURE ACT 1921

TABLE OF PROVISIONS

           Long Title

   PART 1--Introductory

   1.      Short title
   4.      Interpretation
   5.      Classification of offences
   6.      Powers of Supreme Court may be exercised by a Judge in Chambers
   7.      Abolition of rule as to disputed title

   PART 3--General procedure

   20.     Form of warrant
   22.     Rules in respect of summonses
   22A.    Description of offence
   27.     Service
   27B.    Hearing on a written plea of guilty
   27C.    Hearing if defendant fails to appear
   28.     Proof by affidavit of service etc
   29.     Assistance of counsel

   PART 4--Summary jurisdiction

           Division 2--Information and subsequent proceedings

   49.     Information
   51.     Joinder and separation of charges
   52.     Limitation on time in which proceedings may be commenced
   54.     Allegations and descriptions in informations and proceedings
   56.     Exceptions or exemptions need not be specified or disproved by informant
   57.     Issue of summons by Magistrates Court
   57A.    Rules may make provision for written guilty pleas
   58.     Issue of warrant
   59.     Defendant to be brought before Magistrates Court
   60.     Forms of custody etc

           Division 3--Hearing of summary offence

   61.     Sittings to be in open court but witnesses and other persons may be ordered to leave the Court
   62.     Proceedings on non-appearance of defendant
   62A.    Power to proceed in absence of defendant
   62B.    Powers of Magistrates Court on written plea of guilty
   62BA.   Proceedings where defendant neither appears nor returns written plea of guilty
   62C.    Proceedings in absence of defendant
   62D.    Proof of previous convictions
   63.     Non-appearance of informant
   64.     If both parties appear, Magistrates Court to hear and determine the case
   67.     When defendant pleads guilty, court to convict or make an order
   68.     Procedure on plea of not guilty
   69.     After hearing parties, Magistrates Court to convict or dismiss
   69A.    Examination of defendant

           Division 4--Judgment

   70.     Conviction to be minuted
   70A.    Convictions where charges joined in information
   70B.    Conviction for attempt where full offence charged
   71.     Order and certificate of dismissal
   76A.    Power to set aside conviction or order
   76B.    Correction of conviction or order

           Division 5--Non-association and place restriction orders

   77.     Interpretation
   78.     Non-association and place-restriction orders
   79.     Non-association and place restriction orders not to restrict certain associations or activities
   80.     Issue of non-association or place restriction order in absence of defendant
   81.     Service
   82.     Variation or revocation of non-association or place restriction order
   83.     Contravention of non-association and place restriction orders

           Division 7--Restraining orders

   99AA.   Paedophile restraining orders
   99AAB.  Power to conduct routine inspection of computer etc
   99AAC.  Child protection restraining orders
   99C.    Issue of restraining order in absence of defendant
   99E.    Service
   99F.    Variation or revocation of restraining order
   99G.    Notification of making etc of restraining orders
   99H.    Registration of foreign restraining orders
   99I.    Offence to contravene or fail to comply with restraining order
   99J.    Applications by or on behalf of child
   99K.    Burden of proof
   99KA.   Special restrictions relating to child protection restraining order proceedings

           Division 8--Bushfire offender monitoring orders

   99L.    Court may make monitoring order

   PART 5--Indictable offences

           Division 1--Informations

   100.    Informations charging indictable offences
   101.    Laying of information
   102.    Joinder and separation of charges
   103.    DPP may lay information in superior court

           Division 2--Pre-committal hearings etc

   104.    Securing attendance in Magistrates Court
   105.    Pre-committal hearings and documents
   106.    Indictable matters commenced by SA Police
   107.    Pre-committal subpoenas

           Division 3--Committal proceedings

   108.    Division not to apply to certain matters
   109.    Committal proceedings generally
   110.    Committal appearance
   111.    Committal brief etc
   112.    Notices relating to committal proceedings
   113.    Conduct of answer charge hearing
   114.    Taking evidence at committal proceedings
   115.    Evaluation of evidence at committal proceedings

           Division 3A--Pleas to alternative offences and attempts in the Magistrates Court

   115A.   Pleas to alternative offences and attempts in the Magistrates Court

           Division 4--Forum for trial or sentence

   116.    Forum for sentence
   117.    Forum for trial
   118.    Change of forum
   119.    Change of plea following committal for sentence

           Division 5--Procedure following committal for trial or sentence

   120.    Fixing of arraignment date and remand of defendant
   121.    Material to be forwarded by Registrar
   122.    Prosecution may decline to prosecute
   123.    Case statements
   124.    Expert evidence and evidence of alibi
   125.    Failure to comply with disclosure requirements
   126.    Subpoenas
   127.    Prescribed proceedings

           Division 6--Pleas and proceedings on trial in superior court

   128.    Objections to informations in superior court, amendments and postponement of trial
   129.    Plea of not guilty and refusal to plead
   130.    Form of plea of autrefois convict or autrefois acquit
   131.    Certain questions of law may be determined before jury empanelled
   132.    Determinations of court binding on trial judge
   133.    Conviction on plea of guilty of offence other than that charged
   134.    Power to require notice of intention to adduce certain kinds of evidence
   135.    Inspection and copies of statements
   136.    Defence to be invited to outline issues in dispute at conclusion of opening address for the prosecution
   137.    Right to call or give evidence
   138.    Right of reply
   139.    Postponement of trial
   140.    Verdict for attempt where full offence charged

   PART 6--Limitations on rules relating to double jeopardy

           Division 1--Preliminary

   141.    Interpretation
   142.    Meaning of fresh and compelling evidence
   143.    Meaning of tainted acquittal
   144.    Application of Part

           Division 2--Circumstances in which police may investigate conduct relating to offence of which person previously acquitted

   145.    Circumstances in which police may investigate conduct relating to offence of which person previously acquitted

           Division 3--Circumstances in which trial or retrial of offence will not offend against rules of double jeopardy

   146.    Retrial of relevant offence of which person previously acquitted where acquittal tainted
   147.    Retrial of Category A offence of which person previously acquitted where there is fresh and compelling evidence
   148.    Circumstances in which person may be charged with administration of justice offence relating to previous acquittal

           Division 4--Prohibition on making certain references in retrial

   149.    Prohibition on making certain references in retrial

   PART 6A--Appeals

           Division 1--Appeal against sentence

   150.    Appeal against sentence

           Division 2--Other appeals

   151.    Interpretation
   152.    Court to decide according to opinion of majority
   153.    Reservation of relevant questions
   154.    Case to be stated by trial judge
   155.    Powers of Court of Appeal on reservation of question
   156.    Costs
   157.    Right of appeal in criminal cases
   158.    Determination of appeals in ordinary cases
   159.    Second or subsequent appeals
   160.    Powers of Court in special cases
   161.    Right of appeal against ancillary orders
   162.    Revesting and restitution of property on conviction
   163.    Jurisdiction of Court of Appeal
   164.    Enforcement of orders
   165.    Appeal to Court of Appeal
   166.    Supplemental powers of Court
   167.    Presence of appellant or respondent on hearing of appeal
   168.    Director of Public Prosecutions to be represented
   169.    Costs of appeal
   170.    Admission of appellant to bail and custody when attending Court
   171.    Duties of registrar with respect to notices of appeal etc
   172.    Notes of evidence on trial

           Division 3--References on petitions for mercy

   173.    References by Attorney-General

   PART 7--Supplementary provisions

   175.    Proceedings other than State criminal proceedings
   176.    Overlapping offences
   177.    Proceedings against corporations
   178.    Defects cured by verdict
   179.    Forfeiture abolished
   180.    Orders as to firearms and offensive weapons
   181.    Charges
   182.    Orders, warrants etc
   183.    Remand to training centre
   184.    Application may be made to Court for transfer to training centre
   187AA.  Cancellation of unexecuted warrants
   187A.   Proof of convictions or orders
   188.    Registration of orders for the purpose of enforcement
   189.    Costs generally
   189A.   Costs payable by defendant in certain criminal proceedings
   189B.   Costs in pre-committal and committal proceedings
   189C.   Costs against informant in proceedings for restraining order
   189D.   Costs--delay or obstruction of proceedings
   190.    Witness fees
   191.    Fees
   191A.   Review
   192.    Regulations
           Legislative history
           The Parliament of South Australia enacts as
           follows: