Criminal Procedure (NSW) 1986 (Indictable Proceedings)

Question 1

General Provisions: 5 Certain offences to be dealt with on indictment

Answer 1

5 Certain offences to be dealt with on indictment

a) aany offence; or
b) where it is to be dealt with summarily

Question 2

General Provisions

8 PROSECUTION OF INDICTABLE OFFENCES

9 NAME IN WHICH PROSECUTIONS MAY BE INSTITUTED

10 Indictment of bodies corporate

Answer 2

General Provisions

8 PROSECUTION OF INDICTABLE OFFENCES

All offences shall be punishable in the Supreme Court or the District Court by indictment whether or not the person has been committed

9 NAME IN WHICH PROSECUTIONS MAY BE INSTITUTED

Attorney General or the Director of Public Prosecutions

10 Indictment of bodies corporate

a body corporate may enter a plea of “guilty” or “not guilty” by means of writing signed by its representative.

Question 3

16 CERTAIN DEFECTS DO NOT AFFECT INDICTMENT

17 WHEN FORMAL OBJECTIONS TO BE TAKEN

Answer 3

16 CERTAIN DEFECTS DO NOT AFFECT INDICTMENT

(g) except where time is an essential ingredient, for omitting to state the time at which an offence was committed, for stating the time wrongly or for stating the time imperfectly,

17 WHEN FORMAL OBJECTIONS TO BE TAKEN

by demurrer or motion to quash the indictment, before the jury is sworn. and The court may cause the indictment to be amended

Question 4

46 JURISDICTION OF COURTS

Answer 4

46 JURISDICTION OF COURTS

(1) The Supreme Court has jurisdiction in respect of all indictable offences.
(2) The District Court has jurisdiction in respect of all indictable offences other than those in regulations