New South Wales Consolidated Regulations

CRIMINAL PROCEDURE REGULATION 2017 - SCHEDULE 1

SCHEDULE 1 – Forms

(Clause 3 (2))

Form 1A

Charge certificate

( Criminal Procedure Act 1986 ; section 66 (1))

Case name--

Case number--

Prosecutor's reference number--

Part 1 Offences

The following offences are to proceed as set out below (court attendance notices for each offence are attached)--

Part 2 Declarations by prosecutor

This is to certify that--

(a) the evidence available is capable of establishing each element of the offences that are to be the subject of the proceedings against the accused person, and

(b) [for an alleged offence for which there are duties of disclosure under the Director of Public Prosecutions Act 1986 , section 15A [#93] verification of compliance about the duties of disclosure under the Director of Public Prosecutions Act 1986 , section 15A has been received and considered.

--or--

(b) [for an alleged offence for which there are duties of disclosure under the Criminal Procedure Act 1986 , section 36B [#93] verification of compliance about the duties of disclosure under the Criminal Procedure Act 1986 , section 36B has been received and considered.

Signature--
Title of prosecutor--
Location of office of prosecutor--
Date--

Form 1B

Case conference certificate

( Criminal Procedure Act 1986 ; section 75))

Case name--

Case number--

Prosecutor's reference number--
Title of prosecutor attending--
Defence reference number--
Name, title and firm/organisation of accused person's legal representative--
Name and date of birth of accused person--
Date/s of case conference/s--

Part 1 Offences shown in charge certificate

The following offences are as shown in the charge certificate (court attendance notices for each offence are attached)--

Part 2 Offers by accused person and prosecutor

The following offers have been made to or by the accused person and the prosecutor (and are listed in chronological order of the making of the offers)--

Part 3 Offences

The offences that are being proceeded with are set out below (court attendance notices for each offence are attached), as well as the offences that have been withdrawn--

Part 4 Agreed facts for offences

Where guilty plea accepted

The facts on the basis of which the accused person is pleading guilty are agreed and attached/The agreed facts on the basis of which the accused person is pleading guilty are attached with the disputed facts identified. [delete the statement that is not applicable [#93]

Part 5 Declaration by prosecutor

[Not to be completed for offences against a law of the Commonwealth or other offences to which the sentencing discount under Division 1A of Part 3 of the Crimes (Sentencing Procedure) Act 1999 does not apply [#93]

I, [insert title [#93], have not notified the accused person that it is intended to make a submission to the sentencing court that the discount for a guilty plea should not apply or should be reduced in relation to the following offence or offences--

[delete if not applicable [#93]

I, [insert title [#93], have notified the accused person that it is intended to make a submission to the sentencing court that the discount for a guilty plea should not apply or should be reduced in relation to the following offence or offences--

[delete if not applicable [#93]
Signature--
Date and place--

Part 6 Declaration by legal representative of accused person

[Not to be completed for offences against a law of the Commonwealth or other offences to which the sentencing discount under Division 1A of Part 3 of the Crimes (Sentencing Procedure) Act 1999 does not apply [#93]

I, [insert name [#93], the legal representative of the accused person, have explained to the accused person the matters specified in section 72 (2) of the Criminal Procedure Act 1986 , that is, the following--

The effect of the scheme for the sentencing discount applied under Part 3 of the Crimes (Sentencing Procedure) Act 1999 for a plea of guilty to an offence.

The penalties that apply to the offences that are proceeding and for any extra offences about which the accused person made offers or the prosecutor made offers for guilty pleas.

The effect on the penalty for an offence if the accused person pleads guilty to the offence at different stages of proceedings for the offence.

Signature--
Date and place--

Part 7 Declaration by accused person

[Only to be completed if the accused person does not intend to plead guilty to an offence, the case is to be committed for trial and the matter involves offences to which the sentencing discount under Division 1A of Part 3 of the Crimes (Sentencing Procedure) Act 1999 applies [#93]

I intend to plead not guilty to some/all of the offences that I have been charged with. I understand that my case will be sent to the District Court/Supreme Court [specify correct court [#93] for trial for those offences.

My legal representative has explained to me the matters specified in section 72 (2) of the Criminal Procedure Act 1986 , that is, the following--

The effect of the scheme for the sentencing discount applied under Part 3 of the Crimes (Sentencing Procedure) Act 1999 for a plea of guilty to an offence.

The penalties that apply to the offences that are proceeding and for any extra offences about which I made offers or the prosecutor made offers for guilty pleas.

The effect on the penalty for an offence if I plead guilty to the offence at different stages of proceedings for the offence.

I understand and acknowledge the effect of the matters set out above in my case.

Signature--
Date and place--

Part 8 Obligations relating to confidentiality

The matters specified in this certificate must be treated as confidential (see section 79 of the Criminal Procedure Act 1986 ).

It is an offence to publish, or permit another person to publish, this certificate or evidence of anything said during a case conference or during subsequent negotiations relating to plea offers (see section 80 of the Criminal Procedure Act 1986 ). This certificate and evidence of those things cannot be used in court proceedings, other than relevant sentencing or appeal proceedings or disciplinary proceedings against a lawyer (see section 78 of the Criminal Procedure Act 1986 ).

Part 9 Signatures of prosecutor and legal representative of accused

This case conference certificate was signed by the prosecutor and the legal representative of the accused.

Prosecutor

Signature--
Title of prosecutor--
Location of office of prosecutor--
Date and place--

Legal representative of accused person

Signature--
Name of legal representative--
Date and place--

Form 1

(Clause 23)

Notice of intention to adduce evidence of substantial mental impairment

( Criminal Procedure Act 1986 : section 151 (1))

R v [insert name of defendant [#93]

To the Director of Public Prosecutions--

The defendant [insert name of defendant [#93] has been committed for trial on a charge of murder. The trial is listed for hearing on [insert date [#93] at [insert name of court [#93].

In accordance with section 151 of the Criminal Procedure Act 1986 , notice is given to the Director of Public Prosecutions that the defendant intends to adduce evidence tending to prove a contention by the defendant that the defendant is not liable to be convicted of murder by virtue of section 23A of the Crimes Act 1900 .

The defendant intends to rely on the evidence of the following persons in support of that contention [insert the name, occupation and address of each person to be called by the defendant, and include (in relation to each person) a short statement of the particulars of the evidence that the person proposes to give [#93].

Note : If more space is needed, attach material to this form.

[insert signature of defendant or defendant's legal practitioner [#93]
Defendant/defendant's legal practitioner

Date--

Form 2

(Clause 28)

Reasons for excusing a family member from giving evidence for the prosecution in a domestic violence or child assault case

( Criminal Procedure Act 1986 : section 279 (5) (b))

On this date, I, the undersigned, a Judge of the Supreme Court/Judge of the District Court/Magistrate, sitting at [insert location [#93] in the State of New South Wales, dealt with an application under section 279 of the Criminal Procedure Act 1986 , that [insert name of person to be excused [#93] be excused from giving evidence for the prosecution in proceedings against [insert name of person charged [#93] charged with the following offence [insert offence [#93].

I am satisfied, for the reasons stated below, that the application to be excused was made freely and independently of threat or any other improper influence by any person and that--

(a) it is relatively unimportant to the case to establish the facts in relation to which it appears that a member of the accused person's family is to be asked to give evidence or there is other evidence available to establish those facts, and

(b) the offence with which the accused person is charged is of a minor nature.

Reasons--

[insert signature of Judge or Magistrate [#93]
Judge/Magistrate

Date--

Form 3

(Clause 29)

Form of deposition

( Criminal Procedure Act 1986 : section 284 (2))

The deposition of [insert name of person [#93], a person now dangerously ill, taken before the undersigned *Judge/Justice [insert location [#93]. [insert name of person [#93], being duly sworn, states as follows--

Note : The witness's statement is to be in the first person, and should be reasonably full as to all material facts. The statement should be signed by the witness.

And I hereby certify that I have taken this deposition under section 284 of the Criminal Procedure Act 1986 because it has been made to appear to me that the deponent is dangerously ill and that his or her evidence, if not immediately taken, will probably be lost.

[insert signature of Judge or Justice [#93]
*Judge/Justice

Date--

Note : If the deposition is by affirmation or declaration, the form is to be varied accordingly.

* Delete whichever is inapplicable.

Form 4

(Clause 114)

Certificate of Attorney General or Director of Public Prosecutions

( Criminal Procedure Act 1986 : section 44 (1))

This is to certify that no further proceedings are to be taken with respect to [insert name of person [#93], a person who is in custody on remand in the correctional centre at [insert name of correctional centre [#93], under the order of [insert name of Judge [#93], a Judge of the Supreme Court, or [insert name of Justice [#93], Justice, on the following charge--

[insert signature of Attorney General or Director of Public Prosecutions [#93]
Attorney General/Director of Public Prosecutions

Date--

Form 5

(Clause 117)

Important information about your rights

( Criminal Procedure Act 1986 : section 265 (1) (b))

To [insert name of person charged [#93] charged with the offence of [insert offence [#93] before the [insert name of court [#93].

You have a right to make an election

The offence with which you have been charged is an indictable offence. That means that you may be dealt with by a jury in a higher court known as the District Court.

If you want to be dealt with by a jury you must elect to have the offence dealt with that way. You can make an election by telling the Magistrate you want to be dealt with by a jury.

If you do not elect to be dealt with by a jury, you will be dealt with summarily. That means you will be dealt with by a Magistrate of the Local Court.

To help you make your decision, you will shortly be provided with a copy of the brief of evidence against you and with your criminal history.

You have to make your decision within [insert number of days [#93] days of being served with a copy of the brief of evidence.

You may wish to seek legal advice before you make an election.

Regardless of what you do, the prosecutor can elect to have the offence dealt with on indictment.

If you are dealt with by a jury

This will be in the District Court.

The jury (which is a group of people selected from the community) will hear evidence and decide if you are guilty or not guilty.

If the jury decides that you are guilty, the Judge will decide your penalty. The maximum penalty/term that the Judge can impose is [insert maximum penalty or term [#93]

If you are dealt with by a Magistrate

This will be in the Local Court.

The Magistrate will hear evidence and decide if you are guilty or not guilty.

If the Magistrate decides that you are guilty, the Magistrate will decide your penalty. The maximum penalty/term that the Magistrate can impose is [insert maximum penalty or term [#93]