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CRIMINAL PROCEDURE ACT 2009 - SCHEDULE 1

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

Sections 6(3), 159(3)

        1     Statement of offence

    A charge must—

        (a)     state the offence that the accused is alleged to have committed; and

        (b)     contain the particulars, in accordance with clause 2, that are necessary to give reasonable information as to the nature of the charge.

        2     Statement of particulars

    (1)     Subject to subclause (2), particulars of the offence charged must be set out in ordinary language and the use of technical terms is not necessary.

    (2)     If a rule of law or a statute limits the particulars that are required to be given in a charge, nothing in this clause requires any more particulars than those required.

        3     Statutory offence

    (1)     In this clause—

"statutory offence" means an offence created by an Act or subordinate instrument, or by a provision of an Act or subordinate instrument.

    (2)     For the purposes of clause 1(a), a statement of a statutory offence is sufficient if it—

        (a)     identifies the provision creating the offence; and

        (b)     describes the offence in the words of the provision creating it, or in similar words.

    (3)     If a statutory offence states—

        (a)     the offence to be committed in alternative ways; or

        (b)     any element or part of the offence in the alternative—

a charge may state the commission of the offence or the element or part of the offence in the alternative.

        4     Exceptions, exemptions etc.

    Any exception, exemption, proviso, excuse or qualification need not be specified or negatived in a charge.

Sch. 1 cl. 4A inserted by No. 74/2014 s. 13.

        4A     Course of conduct charge

    (1)     In this clause—

course of conduct charge is a charge for a relevant offence that involves more than one incident of the offence;

"relevant offence" means—

        (a)     a sexual offence; or

        (b)     an offence under any of the following provisions of the Crimes Act 1958

              (i)     Division 2 of Part I (other than sections 75, 75A, 76, 77, 78, 80 and 91);

              (ii)     Division 2AA of Part I;

              (iii)     Division 2A of Part I;

              (iv)     Division 2B of Part I;

              (v)     Subdivision (6) of Division 3 of Part I.

Note to Sch. 1 cl. 4A(1) amended by No. 47/2016 s. 37(11), substituted by No. 5/2018 s. 17.

Note

Sexual offence is defined in section 4.

    (2)     More than one incident of the commission of the same relevant offence may be included in a single charge only if—

        (a)     each incident constitutes an offence under the same provision; and

        (b)     for a charge for a sexual offence, each incident relates to the same complainant; and

        (c)     the incidents take place on more than one occasion over a specified period; and

        (d)     the incidents taken together amount to a course of conduct having regard to their time, place or purpose of commission and any other relevant matter.

    (3)     More than one type of act may be alleged in the one charge to prove an element of the offence.

Example

A course of conduct charge for a sexual offence may allege acts of digital penetration as well as acts of penetration with an object.

Sch. 1 cl. 4A(4) repealed by No. 47/2016 s. 37(12).

    *     *     *     *     *

    (5)     The charge must contain a statement that the charge is a course of conduct charge.

    (6)     To avoid doubt, a course of conduct charge is a charge of a single offence.

Note

Because it is a single charge there is no scope for an order to be made under section 193 or 194 for a separate trial of any of the incidents.

    (7)     To avoid doubt, on a course of conduct charge the accused may rely on any exception, exemption, proviso, excuse or qualification that applies to the offence covered by the charge.

    (8)     The prosecution must prove beyond reasonable doubt that the incidents of an offence committed by the accused, taken together, amount to a course of conduct having regard to their time, place or purpose of commission and any other relevant matter.

    (9)     However, to prove a course of conduct offence it is not necessary to prove an incident of the offence with the same degree of specificity as to date, time, place, circumstances or occasion as would be required if the accused were charged with an offence constituted only by that incident.

    (10)     Without limiting subclause (9), it is not necessary to prove—

        (a)     any particular number of incidents of the offence or the dates, times, places, circumstances or occasions of the incidents; or

        (b)     that there were distinctive features differentiating any of the incidents; or

        (c)     the general circumstances of any particular incident.

    (11)     Without limiting clause 1(b), the particulars necessary to give reasonable information as to the nature of a course of conduct charge—

        (a)     must be determined having regard to—

              (i)     the fact that the charge is a course of conduct charge; and

              (ii)     the limitations contained in subclause (2); and

              (iii)     the fact that the various incidents of the offence are alleged to have occurred over a period of time; and

        (b)     need not include particulars of any specific incident of the offence, including its date, time, place, circumstances or occasion; and

        (c)     do not need to distinguish any specific incident of the offence from any other.

    (12)     A charge-sheet that contains a course of conduct charge for a sexual offence must not be filed or signed in accordance with section 6 without the consent of the Director of Public Prosecutions.

    (13)     This clause has effect despite any rule of law to the contrary.

        5     Joinder of charges

    (1)     A charge-sheet or indictment may contain charges for related offences, whether against the same accused or different accused.

    (2)     If more than one offence is charged in a charge‑sheet or indictment, the particulars of each offence charged must be set out in a separate, consecutively numbered paragraph.

Sch. 1 cl. 5(3) inserted by No. 74/2014 s. 14.

    (3)     A charge-sheet or indictment may contain, as an alternative charge to a course of conduct charge, a charge of a relevant offence of the kind covered by the course of conduct charge and alleged to have been committed within the period to which the course of conduct charge relates.

Sch. 1 cl. 5(4) inserted by No. 74/2014 s. 14.

    (4)     In the circumstances set out in subclause (3), for the purposes of section 220 an acquittal on the course of conduct charge does not constitute a previous acquittal in relation to the alternative charge.

Sch. 1 cl. 5(5) inserted by No. 74/2014 s. 14.

    (5)     A charge-sheet or indictment must not contain both a course of conduct charge and a charge for an offence against section 47A of the Crimes Act 1958 .

Sch. 1 cl. 5(6) inserted by No. 74/2014 s. 14.

    (6)     In this clause, course of conduct charge has the same meaning as in clause 4A.

        6     Charge against multiple accused

If an offence is alleged against more than one accused, regardless of their degree of participation in the offence, an indictment or charge-sheet may name each of those accused in the charge for the offence.

        7     Descriptions generally

    Subject to any other provision of this Schedule, if it is necessary to describe anything in a charge, it is sufficient to describe the thing in ordinary language in a manner that indicates with reasonable clarity the thing referred to.

        8     Description of persons

    (1)     The description or designation in a charge of a person must be reasonably sufficient to identify the person.

    (2)     If it is impracticable to comply with subclause (1)—

        (a)     a description or designation must be given that is reasonably practicable in the circumstances; or

        (b)     the person may be described as "a person unknown".

        9     Description of document

If it is necessary to refer to a document or instrument in a charge, it is sufficient to describe it by any name by which it is usually known or by its substance, without setting out a copy of it.

        10     Description of property

    (1)     The description of property in a charge must—

        (a)     be in ordinary language; and

        (b)     indicate the property with reasonable clarity.

    (2)     If a description of property complies with subclause (1), it is not necessary to name the owner of the property or the value of the property, unless that information is required to describe an offence which depends on a special ownership of property or a special value of property.

    (3)     If property is vested in more than one person and the owners of the property are referred to in a charge, it is sufficient to describe the owners of the property—

        (a)     by naming one of those persons followed by the words "with others"; or

        (b)     if the owners are a body of persons with a collective name, by using the collective name alone.

        11     Statement of intent to deceive, injure or defraud

In stating an intent to deceive, injure or defraud, it is not necessary to state an intent to deceive, injure or defraud any particular person if the statute creating the offence does not make an intent to deceive, injure or defraud a particular person an element of the offence.

        12     Perjury, subornation of perjury, etc.

    (1)     In a charge for perjury or for an offence deemed to be perjury, it is sufficient to set out—

        (a)     the substance of the offence charged; and

        (b)     the court, tribunal or person before whom the accused falsely swore or falsely declared or affirmed the matter charged as false—

without setting out the commission or authority of the court, tribunal or person.

    (2)     In a charge for subornation of perjury and other similar offences where the offence of perjury has been actually committed, it is sufficient to allege the offence of the person who committed the offence of perjury in the manner referred to in subclause (1) and then to allege that the accused unlawfully caused and procured that person to commit the offence of perjury as alleged.

    (3)     In a charge for subornation of perjury and other similar offences where the offence of perjury or other offence has not been actually committed, it is sufficient to set out the substance of the offence charged against the accused, without setting out any of the matters referred to in subclause (1).

        13     Names of witnesses to be included on indictment

    The following information must be included on an indictment—

        (a)     the name of every witness who gave evidence at the committal proceeding, indicating whether the prosecution proposes to call the witness at the trial; and

        (b)     the names of any other witnesses the prosecution proposes to call at the trial.

Sch. 1 cl. 14 inserted by No. 81/2011 s. 19.

        14     Additional information to be included on indictment charging offence to which Chapter 7A applies

The following information must be included on a direct indictment charging an offence the prosecution of which may only proceed if the Court of Appeal gives authorisation under section 327O—

        (a)     a statement that the DPP will apply to the Court of Appeal to set aside the previous acquittal of the accused or to remove the previous acquittal as a bar to the accused being tried on the direct indictment (as the case requires); and

        (b)     identification of each charge on the indictment to which the statement is relevant.

Sch. 2 substituted by No. 68/2009 s. 56.



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