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CRIMINAL PROCEDURE ACT 2009 - SECT 3

Definitions

In this Act—

S. 3 def. of accused amended by No. 68/2009 s. 51(b)(i).

"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);

S. 3 def. of attend amended by No. 69/2009 s. 54(Sch. Pt 2 item 18.1), substituted by No. 38/2016 s. 9(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;

S. 3 def. of Category A serious youth offence inserted by No. 43/2017 s. 25, amended by No. 32/2018 s. 132.

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

        (a)     murder;

        (b)     attempted murder;

        (c)     manslaughter;

        (d)     child homicide;

        (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;

S. 3 def. of Category B serious youth offence inserted by No. 43/2017 s. 25.

"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);

S. 3 def. of child inserted by No. 5/2018 s. 11(1).

"child" means a person under the age of 18 years;

S. 3 def. of child pornography inserted by No. 42/2015 s. 12, substituted as child abuse material by No. 47/2016 s. 37(1)(a).

"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;

S. 3 def. of conviction amended by No. 68/2009 s. 3(a).

"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;

S. 3 def. of criminal record amended by No. 81/2011 s. 3(1).

"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;

S. 3 def. of direct indictment substituted by No. 30/2010 s. 57, amended by No. 81/2011 s. 3(2).

"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;

"DPP" means the Director of Public Prosecutions for Victoria;

S. 3 def. of evidence in support of alibi inserted by No. 68/2009 s. 3(d).

"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;

S. 3 def. of ground rules hearing inserted by No. 5/2018 s. 26.

"ground rules hearing" means a hearing conducted in accordance with Division 1 of Part 8.2A;

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

S. 3 def. of
in detention amended by No. 26/2014 s. 455(Sch. item 8.1).

"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 Act 2014 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 institution or 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;

S. 3 def. of infringement conviction inserted by No. 81/2011 s. 3(3), amended by No. 47/2014 s. 256(a).

"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 ; or

    •     section 95 of the Transport (Safety Schemes Compliance and Enforcement) Act 2014 .

S. 3 def. of infringements registrar repealed by No. 47/2014 s. 256(b).

    *     *     *     *     *

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

S. 3 def. of interlocutory decision amended by No. 87/2009 s. 6.

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

S. 3 def. of intermediary inserted by No. 5/2018 s. 26.

"intermediary" means a person appointed under section 389J;

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

S. 3 def. of legal practitioner amended by No. 17/2014 s. 160(Sch. 2 item 30.1).

"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;

S. 3 def. of notice to appear inserted by No. 68/2009 s. 3(d).

"notice to appear" means a notice served under section 21;

S. 3 def. of ordinary service amended by No. 68/2009 s. 51(b)(ii).

"ordinary service" means service in accordance with section 394;

S. 3 def. of original jurisdiction amended by Nos 65/2011 s. 107(Sch. item 4.1), 57/2017 s. 47, 27/2018 s. 357.

"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;

S. 3 def. of personal service amended by No. 68/2009 s. 51(b)(iii).

"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 ;

S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 41.1).

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


"preliminary brief" means a preliminary brief described in section 37;

S. 3 def. of previous conviction amended by No. 3/2016 s. 60.

"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 ;

S. 3 def. of prison officer repealed by No. 68/2009 s. 3(b).

    *     *     *     *     *

S. 3 def. of proceeding amended by No. 47/2014 s. 256(c).

"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 ;

S. 3 def. of protective services officer inserted by No. 37/2014 s. 10(Sch. item 41.1).

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

S. 3 def. of public official amended by No. 30/2010 s. 77(1).

"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 1989 ; 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;

"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 the Magistrates' Court under section 145;

S. 3 def. of responsible person amended by No. 26/2014 s. 455(Sch. item 8.2).

"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 Act 2014 , 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 institution or 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;

S. 3 def. of sentence amended by Nos 68/2009 s. 3(c), 65/2011 s. 107(Sch. item 4.2), 26/2012 s. 73, 25/2017 s. 56.

"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.

S. 3 def. of sexual offence amended by No. 47/2016 s. 37(1)(b), substituted by No. 5/2018 s. 11(2).

sexual offence has the meaning given by section 4;

S. 3 def. of special hearing inserted by No. 68/2009 s. 3(d).

"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;

S. 3 def. of total effective sentence inserted by No. 48/2012 s. 4.

"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;

S. 3 def. of traffic camera offence inserted by No. 55/2014 s. 112.

"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;

"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 .

S. 4 substituted by No. 5/2018 s. 12.



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