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This is a Bill, not an Act. For current law, see the Acts databases.
Criminal Procedure Amendment (Case
Management) Bill 2009
No , 2009
A Bill for
An Act to amend the Criminal Procedure Act 1986 in relation to case management
of criminal trials; and for other purposes.
Clause 1 Criminal Procedure Amendment (Case Management) Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Criminal Procedure Amendment (Case Management) 3
Act 2009. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
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Criminal Procedure Amendment (Case Management) Bill 2009
Amendment of Criminal Procedure Act 1986 No 209 Schedule 1
Schedule 1 Amendment of Criminal Procedure Act 1
1986 No 209 2
[1] Section 3 Definitions 3
Insert in alphabetical order in section 3 (1): 4
trial Judge means the Judge before whom trial proceedings, 5
following empanelment of a jury in proceedings on indictment, 6
are heard. 7
[2] Section 3 (4) 8
Insert after section 3 (3): 9
(4) In this Act, a reference to the empanelment of a jury is, in the 10
case of a trial by a Judge alone, taken to be a reference to the point 11
in time when the Judge first assumes the role of the tribunal of 12
fact. 13
[3] Section 130A 14
Omit the section. Insert instead: 15
130A Pre-trial orders and orders made during trial bind trial Judge 16
(1) A pre-trial order made by a Judge in proceedings on indictment 17
is binding on the trial Judge in those proceedings unless, in the 18
opinion of the trial Judge, it would not be in the interests of justice 19
for the order to be binding. 20
(2) If, on an appeal against a conviction for an offence in proceedings 21
on indictment, a new trial is ordered, a pre-trial order made by a 22
Judge, or an order made by the trial Judge, in relation to the 23
proceedings from which the conviction arose is binding on the 24
trial Judge hearing the fresh trial proceedings unless: 25
(a) in the opinion of the trial Judge hearing the fresh trial 26
proceedings, it would not be in the interests of justice for 27
that order to be binding, or 28
(b) that order is inconsistent with an order made on appeal. 29
(3) If proceedings on indictment before a trial Judge are discontinued 30
for any reason, a pre-trial order made by a Judge, or an order 31
made by the trial Judge, in relation to those proceedings is 32
binding on a trial Judge hearing any subsequent trial proceedings 33
relating to the same offence as the discontinued proceedings 34
unless, in the opinion of the trial Judge hearing the subsequent 35
trial proceedings, it would not be in the interests of justice for the 36
order to be binding. 37
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Criminal Procedure Amendment (Case Management) Bill 2009
Schedule 1 Amendment of Criminal Procedure Act 1986 No 209
(4) In this section, pre-trial order means any order made after the 1
indictment is first presented but before the empanelment of a jury 2
for a trial. 3
[4] Chapter 3, Part 3, Division 3 4
Omit the Division. Insert instead: 5
Division 3 Case management provisions and other 6
provisions to reduce delays in proceedings 7
134 Purpose 8
(1) The purpose of this Division is to reduce delays in proceedings 9
on indictment by: 10
(a) requiring certain pre-trial disclosure by the prosecution 11
and the defence, and 12
(b) enabling the court to undertake case management where 13
suitable in those proceedings, whether on its own motion 14
or on application by a party to the proceedings. 15
(2) Case management measures that are available to the court under 16
this Division include the ordering of pre-trial hearings, pre-trial 17
conferences and further pre-trial disclosure. The court has a 18
discretion in determining which (if any) of those measures are 19
suitable in the proceedings concerned. 20
135 Definitions 21
(1) In this Division: 22
court means the Supreme Court or District Court. 23
pre-trial conference means a conference held under section 140. 24
pre-trial hearing means a hearing held under section 139. 25
(2) In this Division, a reference to the accused person is to be read 26
as including a reference to the Australian legal practitioner 27
representing the accused person. 28
136 Directions for conduct of proceedings 29
At the first mention of proceedings in the court before which the 30
trial is proposed to be heard, the presiding Judge is to give 31
directions with respect to the future conduct of the trial, including 32
a direction as to the time by which notice of the prosecution case 33
is to be given under section 137 and notice of the defence 34
response is to be given under section 138. 35
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Amendment of Criminal Procedure Act 1986 No 209 Schedule 1
137 Notice of prosecution case to be given to accused person 1
(1) The prosecutor is to give to the accused person notice of the 2
prosecution case that includes the following: 3
(a) a copy of the indictment, 4
(b) a statement of facts, 5
(c) a copy of a statement of each witness whose evidence the 6
prosecutor proposes to adduce at the trial, 7
(d) a copy of each document, evidence of the contents of 8
which the prosecutor proposes to adduce at the trial, 9
(e) if the prosecutor proposes to adduce evidence at the trial in 10
the form of a summary, a copy of the summary or, where 11
the summary has not yet been prepared, an outline of the 12
summary, 13
(f) a copy of any exhibit that the prosecutor proposes to 14
adduce at the trial, 15
(g) a copy of any chart or explanatory material that the 16
prosecutor proposes to adduce at the trial, 17
(h) if any expert witness is proposed to be called at the trial by 18
the prosecutor, a copy of each report by the witness that is 19
relevant to the case, 20
(i) a copy of any information, document or other thing 21
provided by police officers to the prosecutor, or otherwise 22
in the possession of the prosecutor, that may reasonably be 23
regarded as relevant to the prosecution case or the defence 24
case, and that has not otherwise been disclosed to the 25
accused person, 26
(j) a list identifying: 27
(i) any information, document or other thing of which 28
the prosecutor is aware and that would reasonably 29
be regarded as being of relevance to the case but that 30
is not in the prosecutor's possession and is not in the 31
accused person's possession, and 32
(ii) the place at which the prosecutor believes the 33
information, document or other thing is situated, 34
(k) a copy of any information in the possession of the 35
prosecutor that is relevant to the reliability or credibility of 36
a prosecution witness. 37
(2) The regulations may make provision for or with respect to the 38
form and content of a statement of facts for the purposes of 39
subsection (1) (b). 40
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Schedule 1 Amendment of Criminal Procedure Act 1986 No 209
138 Notice of defence response to be given to prosecutor 1
The accused person is to give the prosecutor notice of the defence 2
response that includes the following: 3
(a) the name of any Australian legal practitioner proposed to 4
appear on behalf of the accused person at the trial, 5
(b) notice of any consent that the accused person proposes to 6
give at the trial under section 190 of the Evidence Act 1995 7
in relation to each of the following: 8
(i) a statement of a witness that the prosecutor proposes 9
to adduce at the trial, 10
(ii) a summary of evidence that the prosecutor proposes 11
to adduce at the trial, 12
(c) a statement as to whether or not the accused person intends 13
to give any notice under section 150 (Notice of alibi), 14
(d) a statement as to whether or not the accused person intends 15
to give any notice under section 151 (Notice of intention to 16
adduce evidence of substantial mental impairment). 17
139 Pre-trial hearings 18
(1) At the first mention of proceedings in the court before which the 19
trial is proposed to be heard or at any other time, the court may 20
order the prosecutor and the accused person to attend one or more 21
pre-trial hearings before the court so long as the time appointed 22
for any such hearing occurs after the indictment has been 23
presented or filed. 24
(2) During a pre-trial hearing, the court may make such orders, 25
determinations or findings, or give such directions or rulings, as 26
it thinks appropriate for the efficient management and conduct of 27
the trial. 28
(3) Without limiting subsection (2), the court may take any or all of 29
the following action under that subsection: 30
(a) hear and determine an objection to the indictment, 31
(b) order the holding of a pre-trial conference under 32
section 140, 33
(c) order pre-trial disclosure by the prosecutor or the accused 34
person under section 141, 35
(d) give a direction under section 145 (3), 36
(e) give a ruling or make a finding under section 192A of the 37
Evidence Act 1995 as if the trial had commenced, 38
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Amendment of Criminal Procedure Act 1986 No 209 Schedule 1
(f) hear and determine a submission that the case should not 1
proceed to trial, 2
(g) give a ruling on any question of law that might arise at the 3
trial. 4
(4) Despite any other provision of this Act, the court may make any 5
order, determination or finding, or give any ruling, under this 6
section on application by a party to the proceedings or on the 7
court's own initiative. 8
(5) Any order, determination or finding made, or ruling given, by the 9
court under this section is binding on the trial Judge in the 10
proceedings unless, in the opinion of the trial Judge, it would not 11
be in the interests of justice for the order, determination, finding 12
or ruling to be binding. 13
(6) Except with the leave of the court, a party to proceedings may not 14
raise a matter referred to in subsection (3) (a) or (e) at trial if a 15
pre-trial hearing was held in the proceedings and the matter was 16
not raised at the pre-trial hearing. 17
(7) Leave is not to be granted under subsection (6) unless the court is 18
of the opinion that it would be contrary to the interests of justice 19
to refuse leave to raise the matter concerned. 20
140 Pre-trial conferences 21
(1) At the first mention of proceedings in the court before which the 22
trial is proposed to be heard or at any other time, the court may 23
order that a pre-trial conference is to be held so long as the time 24
appointed for any such conference occurs after the indictment has 25
been presented or filed. 26
(2) The court may order the holding of a pre-trial conference under 27
this section on application of any party or on the court's own 28
initiative. 29
(3) The court may make such an order only if the accused person will 30
be represented by an Australian legal practitioner at the pre-trial 31
conference. 32
(4) The purpose of the pre-trial conference is to determine whether 33
the accused person and the prosecutor are able to reach 34
agreement regarding the evidence to be admitted at the trial. 35
(5) The following persons must be present during the pre-trial 36
conference: 37
(a) the prosecutor, 38
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Schedule 1 Amendment of Criminal Procedure Act 1986 No 209
(b) the Australian legal practitioner representing the accused 1
person. 2
(6) If the accused person has been charged jointly with any other 3
person with the offence concerned, a joint pre-trial conference 4
may be held in respect of two or more co-accused, but only with 5
the consent of the prosecution and each of the co-accused 6
concerned. 7
(7) A requirement under this section that a person be present for the 8
purposes of a pre-trial conference is taken to be satisfied if the 9
person is present or available by way of an audio visual link or 10
telephone. 11
(8) Within 7 days after the holding of a pre-trial conference: 12
(a) the prosecutor and the Australian legal practitioner who 13
represented the accused person at the pre-trial conference 14
must complete a pre-trial conference form, and 15
(b) the prosecutor must file the pre-trial conference form with 16
the court. 17
(9) The pre-trial conference form: 18
(a) is to indicate the areas of agreement and disagreement 19
between the accused person and the prosecutor regarding 20
the evidence to be admitted at the trial, and 21
(b) is to be signed by the prosecutor and the Australian legal 22
practitioner representing the accused person. 23
(10) Except with the leave of the court, a party to proceedings may not 24
object to the admission of any evidence at trial if the pre-trial 25
conference form indicates that the parties have agreed that the 26
evidence is not in dispute. 27
(11) Leave is not to be granted under subsection (10) unless the court 28
is of the opinion that it would be contrary to the interests of 29
justice to refuse leave. 30
141 Court may order pre-trial disclosure in particular case 31
(1) After the indictment is presented or filed in proceedings, the court 32
may make any or all of the following orders, but only if the court 33
is of the opinion that it would be in the interests of the 34
administration of justice to do so: 35
(a) order that the prosecutor is to give notice in accordance 36
with section 142, 37
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Amendment of Criminal Procedure Act 1986 No 209 Schedule 1
(b) order that the accused person is to give notice of the 1
defence response to the prosecution's notice in accordance 2
with section 143, 3
(c) order that the prosecution is to give notice of the 4
prosecution response to the defence response in 5
accordance with section 144. 6
(2) The court may order pre-trial disclosure under this section on 7
application of any party or on the court's own initiative. 8
(3) The court may order pre-trial disclosure only if the court is 9
satisfied that the accused person will be represented by an 10
Australian legal practitioner. 11
(4) The court may limit pre-trial disclosure to any specified aspect of 12
the proceedings. 13
(5) Pre-trial disclosure required by an order under this section is to 14
be made in accordance with a timetable determined by the court. 15
142 Prosecution notice--court-ordered pre-trial disclosure 16
For the purposes of section 141 (1) (a), the prosecution's notice 17
is to contain the following: 18
(a) the matters required to be included in the notice of the 19
prosecution case under section 137, 20
(b) a copy of any information, document or other thing in the 21
possession of the prosecutor that would reasonably be 22
regarded as adverse to the credit or credibility of the 23
accused person, 24
(c) a list identifying the statements of those witnesses who are 25
proposed to be called at the trial by the prosecutor. 26
143 Defence response--court-ordered pre-trial disclosure 27
For the purposes of section 141 (1) (b), the notice of the defence 28
response is to contain the following: 29
(a) the matters required to be included in a notice under 30
section 138, 31
(b) a statement, in relation to each fact set out in the statement 32
of facts provided by the prosecutor, as to whether the 33
accused person considers the fact is an agreed fact (within 34
the meaning of section 191 of the Evidence Act 1995) or 35
the accused person disputes the fact, 36
(c) a statement, in relation to each matter and circumstance set 37
out in the statement of facts provided by the prosecutor, as 38
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Schedule 1 Amendment of Criminal Procedure Act 1986 No 209
to whether the accused person takes issue with the matter 1
or circumstance as set out, 2
(d) notice as to whether the accused person proposes to 3
dispute the admissibility of any proposed evidence 4
disclosed by the prosecutor and the basis for the objection, 5
(e) if the prosecutor disclosed an intention to adduce expert 6
evidence at the trial, notice as to whether the accused 7
person disputes any of the expert evidence and which 8
evidence is disputed, 9
(f) a copy of any report, relevant to the trial, that has been 10
prepared by a person whom the accused person intends to 11
call as an expert witness at the trial, 12
(g) if the prosecutor disclosed an intention to adduce evidence 13
at the trial that has been obtained by means of surveillance, 14
notice as to whether the accused person proposes to require 15
the prosecutor to call any witnesses to corroborate that 16
evidence and, if so, which witnesses will be required, 17
(h) notice as to whether the accused person proposes to raise 18
any issue with respect to the continuity of custody of any 19
proposed exhibit disclosed by the prosecutor, 20
(i) if the prosecutor disclosed an intention to tender at the trial 21
any transcript, notice as to whether the accused person 22
accepts the transcript as accurate and, if not, in what 23
respect the transcript is disputed, 24
(j) notice as to whether the accused person proposes to 25
dispute the authenticity or accuracy of any proposed 26
documentary evidence or other exhibit disclosed by the 27
prosecutor, 28
(k) notice of any significant issue the accused person proposes 29
to raise regarding the form of the indictment, severability 30
of the charges or separate trials for the charges, 31
(l) notice of any consent the accused person proposes to give 32
under section 184 of the Evidence Act 1995. 33
144 Prosecution response to defence response--court-ordered 34
pre-trial disclosure 35
For the purposes of section 141 (1) (c), the notice of the 36
prosecution response to the defence response is to contain the 37
following: 38
(a) if the accused person has disclosed an intention to adduce 39
expert evidence at the trial, notice as to whether the 40
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Amendment of Criminal Procedure Act 1986 No 209 Schedule 1
prosecutor disputes any of the expert evidence and, if so, 1
in what respect, 2
(b) if the accused person has disclosed an intention to tender 3
any exhibit at the trial, notice as to whether the prosecutor 4
proposes to raise any issue with respect to the continuity of 5
custody of the exhibit, 6
(c) if the accused person has disclosed an intention to tender 7
any documentary evidence or other exhibit at the trial, 8
notice as to whether the prosecutor proposes to dispute the 9
accuracy or admissibility of the documentary evidence or 10
other exhibit, 11
(d) notice as to whether the prosecutor proposes to dispute the 12
admissibility of any other proposed evidence disclosed by 13
the accused person, and the basis for the objection, 14
(e) a copy of any information, document or other thing in the 15
possession of the prosecutor, not already disclosed to the 16
accused person, that might reasonably be expected to assist 17
the case for the defence, 18
(f) a copy of any information, document or other thing that 19
has not already been disclosed to the accused person and 20
that is required to be contained in the notice of the case for 21
the prosecution. 22
145 Dispensing with formal proof 23
(1) If a fact, matter or circumstance was alleged in a notice required 24
to be given to the accused person by the prosecutor in accordance 25
with this Division and the accused person was required to give a 26
defence response under section 143 but did not disclose in the 27
response an intention to dispute or require proof of the fact, 28
matter or circumstance, the court may order that: 29
(a) a document asserting the alleged fact, matter or 30
circumstance may be admitted at the trial as evidence of 31
the fact, matter or circumstance, and 32
(b) evidence may not, without the leave of the court, be 33
adduced to contradict or qualify the alleged fact, matter or 34
circumstance. 35
(2) If evidence was disclosed by the prosecution to the accused 36
person in accordance with this Division and the accused person 37
was required to give a defence response under section 143 but did 38
not include notice in that response under section 143 (d) in 39
relation to that evidence, the court may, by order, dispense with 40
the application of any one or more of the following provisions of 41
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Schedule 1 Amendment of Criminal Procedure Act 1986 No 209
the Evidence Act 1995 in relation to the adducing of the evidence 1
at trial: 2
(a) Division 3, 4 or 5 of Part 2.1, 3
(b) Part 2.2 or 2.3, 4
(c) Parts 3.2-3.8. 5
(3) The court may, on the application of a party, direct that the party 6
may adduce evidence of 2 or more witnesses in the form of a 7
summary if the court is satisfied that: 8
(a) the summary is not misleading or confusing, and 9
(b) admission of the summary instead of evidence from the 10
witnesses will not result in unfair prejudice to any party to 11
the proceedings. 12
(4) The court may, in a direction under subsection (3), require that 13
one or more of the witnesses whose evidence is to be adduced in 14
the form of a summary are to be available for cross-examination. 15
(5) The opinion rule (within the meaning of the Evidence Act 1995) 16
does not apply to evidence adduced in accordance with a 17
direction under subsection (3). 18
(6) The provisions of this section are in addition to the provisions of 19
the Evidence Act 1995, in particular, section 190. 20
146 Sanctions for non-compliance with pre-trial disclosure 21
requirements 22
(1) Exclusion of evidence not disclosed 23
The court may refuse to admit evidence in proceedings that is 24
sought to be adduced by a party who failed to disclose the 25
evidence to the other party in accordance with requirements for 26
pre-trial disclosure imposed by or under this Division. 27
(2) Exclusion of expert evidence where report not provided 28
The court may refuse to admit evidence from an expert witness in 29
proceedings that is sought to be adduced by a party if the party 30
failed to give the other party a copy of a report by the expert 31
witness in accordance with requirements for pre-trial disclosure 32
imposed by or under this Division. 33
(3) Adjournment 34
The court may grant an adjournment to a party if the other party 35
seeks to adduce evidence in the proceedings that the other party 36
failed to disclose in accordance with requirements for pre-trial 37
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Amendment of Criminal Procedure Act 1986 No 209 Schedule 1
disclosure imposed by or under this Division and that would 1
prejudice the case of the party seeking the adjournment. 2
(4) Application of sanctions 3
Without limiting the regulations that may be made under 4
subsection (5), the powers of the court may not be exercised 5
under this section to prevent an accused person adducing 6
evidence unless the prosecutor has complied with the 7
requirements for pre-trial disclosure imposed on the prosecution 8
by or under this Division. 9
(5) Regulations 10
The regulations may make provision for or with respect to the 11
exercise of the powers of a court under this section (including the 12
circumstances in which the powers may not be exercised). 13
147 Disclosure requirements are ongoing 14
(1) The obligation to comply with the requirements for pre-trial 15
disclosure imposed by or under this Division continues until any 16
of the following happens: 17
(a) the accused person is convicted or acquitted of the charges 18
in the indictment, 19
(b) the prosecution is terminated. 20
(2) Accordingly, if any information, document or other thing is 21
obtained or anything else occurs after pre-trial disclosure is made 22
by a party to the proceedings, that would have affected that 23
pre-trial disclosure had the information, document or thing been 24
obtained or the thing occurred before pre-trial disclosure was 25
made, the information, document, thing or occurrence is to be 26
disclosed to the other party to the proceedings as soon as 27
practicable. 28
148 Court may waive requirements 29
(1) A court may, by order, waive any of the pre-trial disclosure 30
requirements that apply under this Division. 31
(2) The court may make such an order on its own initiative or on the 32
application of the prosecutor or the accused person. 33
(3) An order may be made subject to such conditions (if any) as the 34
court thinks fit. 35
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Schedule 1 Amendment of Criminal Procedure Act 1986 No 209
149 Requirements as to notices 1
(1) A notice under this Division is to be in writing. 2
(2) Any notice purporting to be given under this Division on behalf 3
of the accused person by his or her Australian legal practitioner 4
is, unless the contrary is proved, taken to have been given with 5
the authority of the accused person. 6
(3) A notice under this Division that is required to be given to a 7
prosecutor may be given to the prosecutor in the following 8
manner, or as otherwise directed by the court: 9
(a) by delivering it to the prosecutor, 10
(b) by leaving it at the office of the prosecutor, 11
(c) by sending it by post or facsimile to the prosecutor at the 12
office of the prosecutor, 13
(d) by sending it by electronic mail to the prosecutor, but only 14
if the prosecutor has agreed to notice being given in that 15
manner. 16
(4) A notice under this Division that is required to be given to an 17
accused person may be given to the accused person in the 18
following manner, or as otherwise directed by the court: 19
(a) by delivering it to the accused person, 20
(b) by leaving it at the office of the Australian legal 21
practitioner representing the accused person, 22
(c) by sending it by post or facsimile to the Australian legal 23
practitioner representing the accused person at the office of 24
the Australian legal practitioner, 25
(d) by sending it by electronic mail to the Australian legal 26
practitioner, but only if the Australian legal practitioner 27
has agreed to notice being given in that manner. 28
(5) A party required to give a notice under this Division must file a 29
copy of the notice with the court as soon as practicable after 30
giving it, or as otherwise required by the court. 31
149A Copies of exhibits and other things not to be provided if 32
impracticable 33
(1) A copy of a proposed exhibit, document or thing is not required 34
to be included in a notice under this Division if it is impossible or 35
impractical to provide a copy. 36
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(2) However, the party required to give the notice: 1
(a) is to specify in the notice a reasonable time and place at 2
which the proposed exhibit, document or thing may be 3
inspected, and 4
(b) is to allow the other party to the proceedings a reasonable 5
opportunity to inspect the proposed exhibit, document or 6
thing referred to in the notice. 7
149B Personal details not to be provided 8
(1) The prosecutor is not to disclose in any notice under this Division 9
the address or telephone number of any witness proposed to be 10
called by the prosecutor, or of any other living person, unless: 11
(a) the address or telephone number is a materially relevant 12
part of the evidence, or 13
(b) the court makes an order permitting the disclosure. 14
(2) An application for such an order may be made by the accused 15
person or the prosecutor. 16
(3) The court must not make such an order unless satisfied that the 17
disclosure is not likely to present a reasonably ascertainable risk 18
to the welfare or protection of any person or that the interests of 19
justice (including the accused person's right to prepare properly 20
for the hearing of the evidence for the prosecution) outweigh any 21
such risk. 22
(4) This section does not prevent the disclosure of an address if the 23
disclosure does not identify it as a particular person's address, or 24
it could not reasonably be inferred from the matters disclosed that 25
it is a particular person's address. 26
(5) An address or telephone number that must not be disclosed may, 27
without reference to the person who made the statement being 28
disclosed, be deleted from that statement, or rendered illegible, 29
before the statement is given to the accused person. 30
149C Requirements as to statements of witnesses 31
(1) A statement of a witness that is included in a notice under this 32
Division may be in the form of questions and answers. 33
(2) If a notice includes a statement that is, wholly or in part, in a 34
language other than English, there must be annexed to it a 35
document purporting to contain a translation of the statement, or 36
so much of it as is not in the English language, into the English 37
language. 38
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149D Exemption for matters previously disclosed 1
(1) The prosecutor is not required to include in a notice under this 2
Division anything that has already been included in a brief of 3
evidence in relation to the matter served on the accused person in 4
accordance with this or any other Act or that has otherwise been 5
provided or disclosed to the accused person. 6
(2) The accused person is not required to include in a notice under 7
this Division anything that has already been provided or 8
disclosed to the prosecutor. 9
149E Court powers to ensure efficient management and conduct of trial 10
(1) On or after the commencement of the trial in proceedings, the 11
court may make such orders, determinations or findings, or give 12
such directions or rulings, as it thinks appropriate for the efficient 13
management and conduct of the trial. 14
(2) Without limiting subsection (1), the court may order that any of 15
the parties to the proceedings disclose any matter that was, or 16
could have been, required to be disclosed under this Division 17
before the commencement of the trial. 18
149F Miscellaneous provisions 19
(1) A statement about any matter that is made by or on behalf of the 20
accused person for the purposes of complying with requirements 21
for pre-trial disclosure imposed by or under this Division does 22
not constitute an admission of that matter by the accused person. 23
(2) The court may make orders to resolve any dispute between the 24
parties to criminal proceedings about: 25
(a) the requirements for pre-trial disclosure imposed by or 26
under this Division, or 27
(b) the use of anything disclosed under this Division 28
(including restrictions on publication or further 29
disclosure). 30
(3) This Division does not affect the obligations or powers under 31
Division 4 (Pre-trial disclosure--general). 32
(4) Nothing in this Division prevents any voluntary pre-trial 33
disclosure by the accused person to the prosecutor of any 34
information, document or other thing that the accused person 35
proposes to adduce in evidence in the proceedings. 36
(5) This Division does not limit any obligation (arising otherwise 37
than under this Division) for pre-trial disclosure that is capable of 38
being complied with concurrently with requirements imposed by 39
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Amendment of Criminal Procedure Act 1986 No 209 Schedule 1
or under this Division, but this Division prevails to the extent of 1
any inconsistency with any such obligation. Any such obligation 2
extends to obligations imposed by the common law, the rules of 3
court, the legal profession rules made under Part 7.5 of the Legal 4
Profession Act 2004 and prosecution guidelines issued by the 5
Director of Public Prosecutions. 6
(6) However, this Division does not affect any immunity that applies 7
by law to the disclosure of any information, document or other 8
thing, including, for example, legal professional or client legal 9
privilege, public interest immunity and sexual assault 10
communications privilege under Division 2 of Part 5 of 11
Chapter 6. 12
(7) Nothing in this Division limits any powers that a court has apart 13
from this Division in relation to proceedings. 14
(8) The provisions of this Division prevail over the provisions of the 15
Evidence Act 1995 to the extent of any inconsistency with those 16
provisions. 17
[5] Section 314A 18
Insert after section 314: 19
314A Review of pre-trial disclosure provisions enacted by Criminal 20
Procedure Amendment (Case Management) Act 2009 21
(1) The Attorney General is to review the provisions of Division 3 of 22
Part 3 of Chapter 3 as enacted by the Criminal Procedure 23
Amendment (Case Management) Act 2009 to determine: 24
(a) whether they have been effective in reducing delays in 25
proceedings on indictment, and 26
(b) the cost impacts of the procedures. 27
(2) The review is to be undertaken as soon as possible after the period 28
of 24 months after the commencement of this section. 29
(3) A report on the outcome of the review is to be tabled in each 30
House of Parliament within 12 months after the end of that 31
24-month period. 32
[6] Schedule 2 Savings, transitional and other provisions 33
Insert at the end of clause 1 (1): 34
Criminal Procedure Amendment (Case Management) Act 2009 35
Page 17
Criminal Procedure Amendment (Case Management) Bill 2009
Schedule 1 Amendment of Criminal Procedure Act 1986 No 209
[7] Schedule 2 1
Insert at the end of the Schedule with appropriate Part and clause numbering: 2
Part Provisions consequent on enactment of 3
Criminal Procedure Amendment (Case 4
Management) Act 2009 5
Section 130A 6
The substitution of section 130A by the Criminal Procedure 7
Amendment (Case Management) Act 2009 applies only in respect 8
of proceedings in which the indictment was presented or filed on 9
or after that substitution. 10
Case management provisions 11
(1) Division 3 of Part 3 of Chapter 3, as substituted by the Criminal 12
Procedure Amendment (Case Management) Act 2009, applies 13
only in respect of proceedings in which the indictment was 14
presented or filed on or after that substitution. 15
(2) Division 3 of Part 3 of Chapter 3, as in force before its 16
substitution by the Criminal Procedure Amendment (Case 17
Management) Act 2009, continues to apply in respect of 18
proceedings in which the indictment was presented or filed 19
before that substitution. 20
Page 18
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