Criminal Procedure Act (NSW) 1986 (Summary Proceedings) Flashcards
6 Certain offences to be dealt with summarily
An offence a) required to be dealt with summarily, b) described as a summary offence, c) maximum penalty that may be imposed is not, and does not include, imprisonment for more than 2 years,
7 Certain summary offences may be dealt with by Local Court
summary offences to be dealt with by the LCA unless otherwise specified
172 Commencement of proceedings by court attendance notice
A CAN can be filed in respect of an offence: a) committed or is suspected of having committed an offence. b) any offence
175 Form of court attendance notice
(3) A court attendance notice must do the following– (a) describe the offence, (b) briefly state the particulars of the alleged offence, (c) contain the name of the prosecutor, (d) require the accused person to appear before the court at a specified date, time and place, unless a warrant is issued for the arrest of the person or the person is refused bail, (e) state, unless a warrant is issued for the arrest of the person or the person is refused bail, that failure to appear may result in the arrest of the person or in the matter being dealt with in the absence of the person.
177 Service of court attendance notices
(2) A court attendance notice issued by a public officer must be served by a police officer, public officer
178 When proceedings commence
the date on which a court attendance notice is filed in the registry
179 Time limit for commencement of summary proceedings
not later than 6 months from when the offence was alleged to have been committed. Except: (a) to an offence for which an Act or law specifies another period within which proceedings must be commenced, or (b) to an indictable offence that is being dealt with summarily, or (c) to an offence involving the death of a person that is or has been the subject of a coronial inquest, or (d) to a back up summary offence if the District Court determines an appeal against a conviction or finding of guilt by the Children’s Court or Local Court for the related indictable offence by setting aside the conviction or finding of guilt.
182 Written pleas
(3) An accused person who lodges a notice under this section with the registrar not later than 7 days before the date on which the person is required to first attend before the Local Court– (a) is not required to attend the Court on that date, and (b) is taken to have attended the Court on that date.
183 Brief of evidence to be served on accused person where not guilty plea
the brief of evidence is to be served at least 14 days before the hearing of the evidence and include: (a) written statements taken from the persons the prosecutor intends to call to give evidence in proceedings for the offence, and (b) copies of any document or any other thing, identified in such a written statement as a proposed exhibit.
184 Exhibits
Exhibits: the prosecutor is– (a) to serve on the accused person a notice specifying a reasonable time and place at which the proposed exhibit may be inspected, and (b) to allow the accused person a reasonable opportunity to inspect each proposed exhibit referred to in the notice.
187 When brief of evidence need not be served
the brief of evidence need not be served if : (a) that there are compelling reasons for not requiring service, or (b) that it could not reasonably be served “that the court thinks fit.”
202 Determination by court
190 Time for hearing
190 Time for hearing
(1) On the first return date the court must set the date, time and place for hearing and determining the matter.
202 Determination by court
(1) determine summary proceedings after hearing
(2) determine the matter by convicting the accused person
203 Additional powers to adjourn summary proceedings
A court may adjourn summary proceedings
204 Record of conviction or order to be made
A court must make a record of any conviction
205 Order dismissing matter to be made
A court may make an order that a matter has been dismissed
192 Procedures where both parties present
200 When court may require prosecution to provide additional evidence
192 Procedures where both parties present
the court must proceed to hear and determine the matter.
201 Procedure if prosecutor or both parties not present
the court must dismiss the information.
193 Procedure if offence admitted 194 Procedure if offence not admitted
refuses to make a plea or the court does not accept the accused person’s guilty plea, the court must proceed to hear and determine the matter.
196 Procedure if accused person not present
197 Adjournment when accused person not present
198 Absent accused person taken to have pleaded not guilty
199 Material to be considered when matter determined in absence of accused person
200 When court may require prosecution to provide additional evidence
196 (1) If the accused person is not present the court may proceed to hear and determine the matter in the absence of the accused person OR 197 (1) the court may, if it thinks adjourn the hearing to another day 198 An accused personwho has not lodged a written plea is taken to have pleaded not guilty. 199
The court may determine proceedings if it is of the opinion that the matters set out in the court attendance notice are sufficient to establish the offence.
