Criminal Procedure Act 2007 (NI)

In force

Administered by

Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts

Superseded version

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C2015Q00113

18 June 2015 - 18 June 2015

Table of contents

CHAPTER 1 – PRELIMINARY
1 Short title
2 Commencement
3 Repeal
4 Application of Act
5 Act binds the Administration
6 Commonwealth law
7 Definitions
- CHAPTER 2 – UNFITNESS TO PLEAD, MENTAL IMPAIRMENT AND MENTAL DYSFUNCTION
Division 1 – Preliminary
8 Definitions for Chapter 2
9 Limitation on orders and detention – non-acquittals
10 Limitation on orders and detention – acquittals
11 Limitation on Supreme Court orders
12 Limitation on orders and detention – dismissal of charge
13 Limitation on orders and detention – Court of Petty Sessions
14 Limitation on Court of Petty Sessions orders
15 How relevant court may inform itself
16 Criteria for detention
17 Assessment whether emergency detention required
Division 2 – Unfitness to plead
18 Referral to Tribunal
19 Person found fit to plead
20 Action pending determination by Tribunal
21 Temporary unfitness to plead – non-serious offence
22 Temporary unfitness to plead – serious offence
23 Special hearings
24 Nature and conduct of special hearing
25 Verdicts available at special hearing
26 Non-acquittal at special hearing – non-serious offence
27 Non-acquittal at special hearing – serious offence
28 Action if accused becomes fit to plead after special hearing
Division 3 – Acquittal on grounds of mental impairment
29 Acquittal on grounds of mental impairment
30 Plea of not guilty by reason of mental impairment
31 Explanation to jury
32 Court orders following acquittal – non-serious offence
33 Court orders following acquittal – serious offence
Division 4 – Dismissal by Court of Petty Sessions on grounds of mental impairment
34 Meaning of serious offence in Division 4
35 Dismissal on grounds of mental impairment
36 Plea of not guilty by reason of mental impairment
37 Court of Petty Sessions orders following dismissal – non-serious offence
38 Court of Petty Sessions orders following dismissal – serious offence
Division 5 – Referral of mentally dysfunctional or mentally impaired persons to Tribunal following conviction
39 Application of Division 5
40 Referral to Tribunal
Division 6 – Summary proceedings against mentally dysfunctional or mentally impaired persons
41 Application of Division 6
42 Indictable offences heard and determined summarily
43 Powers of Court of Petty Sessions
44 Fitness to plead – Court of Petty Sessions
45 Action if accused becomes fit to plead after hearing
46 How Court of Petty Sessions may be informed
- CHAPTER 3  CRIMINAL INVESTIGATION
Division 1  Preliminary
47 Definitions for Chapter 3
48 Search of transgender or intersex person
49 Application of chapter 3
Division 2 Preventative action
50 Police powers of entry
51 Issue of warrant
52 Entry in emergencies
53 Seizure of firearms—warrants and emergencies
54 Seizure of firearms—protection orders
55 Power to conduct search of person for knife
Division 3 Search warrants
56 When search warrants can be issued
57 The things that are authorised by search warrant
58 Availability of assistance and use of force in executing warrant
59 Details of warrant to be given to occupier etc
60 Specific powers available to police officers executing warrant
61 Use of equipment to examine or process things
62 Use of electronic equipment at premises
63 Compensation for damage to electronic equipment
64 Copies of seized things to be provided
65 Occupier entitled to be present during search
66 Receipts for things seized under warrant
67 Warrants by telephone or other electronic means
68 Restrictions on personal searches
Division 4 Powers to stop and search
69 Stopping, searching and detaining people
70 How a police officer exercises a power under s 69
71 Stopping, searching and detaining conveyances
72 How a police officer exercises a power under section 71
Division 5 Arrest and related matters
73 Requirement to provide name etc
74 Power of arrest without warrant by police officers
75 Arrest without warrant in possession
76 Arrest of prisoner unlawfully at large
77 Arrest without warrant for offences committed outside Norfolk Island
78 Power of arrest without warrant by other persons
79 Warrants for arrest
80 Power to enter premises to arrest offender
81 Use of force in making arrest
82 Persons to be informed of grounds of arrest
83 Power to conduct frisk search of arrested person
84 Power to conduct ordinary search of arrested person
85 Power to conduct search of arrested person’s premises
86 Power to conduct search at police station
87 Power to conduct strip search
88 Rules for conduct of strip search
89 Safekeeping of things seized
90 Taking fingerprints, recordings, samples of handwriting or photographs
91 Destruction of identification material
92 Offence of refusing to allow identification material to be taken
93 Identification parades—general
94 Identification parades for suspects under 18 etc
95 Identification by means of photographs
96 Identification procedures if more than 1 suspect
97 Descriptions
98 Examination
Division 6  General
99 Assisting officers—search and arrest of persons
100 Conduct of ordinary searches and frisk searches
101 Announcement before entry
102 Offence of making false statements in warrants
103 Offences relating to telephone warrants
104 Return of seized knife or thing
105 Court of Petty Sessions may permit thing to be retained
106 Laws relating to taking forensic samples not affected
107 Forfeiture of knife
108 Seizure of forfeited articles
109 Disposal of forfeited articles by Chief Executive Officer
110 When case not to be proceeded with gaoler to discharge prisoner on certificate from Minister, etc
- CHAPTER 4  INVESTIGATION OF EXTRATERRITORIAL OFFENCES
111 Interpretation for chapter 4
112 Declaration of corresponding law
113 Issue of search warrants
114 Authority given by search warrant
115 Offence of hindering execution of search warrant
116 Ministerial arrangements for transmission and return of objects seized under chapter 4 or corresponding law
- CHAPTER 5  PROCEDURE, EVIDENCE, VERDICT, ETC
117 What defects do not vitiate indictment
118 Formal objections—when to be taken
119 Judgment on demurrer to indictment
120 Traversing indictment
121 Orders for amendment of indictment, separate trial and postponement of trial
122 Amended indictment
123 Verdict and judgment valid after amendment
124 Form of record after amendment
125 Respiting undertakings on postponement
126 Separate offences—when can be joined
127 Accessories may be charged together in 1 indictment
128 Indictment charging previous offence also
129 Property of partners or joint owners
130 Description of written instruments
131 General averment of intent to defraud or injure
132 Indictment for murder or manslaughter
133 Form of indictment against accessories to murder
134 Addition of count for assault
135 Indictments for conspiracy
136 Arraignment etc on charge of previous conviction
137 Plea of not guilty
138 Refusal to plead
139 Plea of autrefois convict etc
140 Practice as to entering the dock
141 Accused may be defended by lawyer
142 Right to inspect depositions on trial
143 Power of judge to record verdict of acquittal
144 Notice of alibi
145 Abolition of presumption of marital coercion
146 Incriminating statements admissible though on oath
147 Evidence of previous conviction charged in indictment
148 Proof of lawful authority or excuse
149 Order of closing addresses
150 Witnesses in mitigation
151 Conviction for alternative offence
152 After trial for offence, if alternative verdict possible, no further prosecution
153 On trial for any offence—verdict of attempt
154 Multiple alternative verdicts
- CHAPTER 5A – APPEALS
154A Interpretation for this Chapter
154B Determination of appeal in ordinary cases
154C Powers of Court in special cases
154D Power to grant new trial
- CHAPTER 6  EVIDENCE OF CHILDREN
155 Definitions—Chapter 6
156 Sworn or unsworn evidence
157 Application—Chapter 6
158 Location of prescribed witness giving evidence
159 Consequential orders
160 Jury warning about adverse inference
161 Representation of child
162 Court’s discretions about orders
163 Amendment or revocation of order
164 Failure to comply with chapter 6
165 Child turning 18 during proceeding
- CHAPTER 7  EVIDENCE – SEXUAL OFFENCES
Division 1 Preliminary
166 Meaning of sexual offence in chapter 7
Division 2 Sexual offence proceedings—general
167 Meaning of complainant and sexual offence proceeding for div 2
168 Evidence given in closed court
169 Prohibition of publication of complainant’s identity
Division 3  Sexual offence proceedings—giving evidence from places other than courtrooms
170 Meaning of complainant and sexual offence proceeding for Division 3
171 When does Division 3 apply?
172 Complainant giving evidence from place other than courtroom
173 Consequential orders under Division 4.3
174 Making of orders under Division 3
175 Jury to be warned about adverse inferences
176 Failure to comply with Division 3
Division 4  Evidence of complainant’s sexual reputation and activities
177 Meaning of complainant and sexual offence proceeding for Division 4
178 When does Division 4 apply?
179 Immunity of sexual reputation
180 General immunity of evidence of complainant’s sexual activities
181 Application for leave under s 180
182 Decision to give leave under s 180
Division 5  Protection of counselling communications
183 Definitions—Division 5
184 Meaning of protected confidence for Division 5
185 When does Division 5 apply?
186 Immunity for protected confidences in preliminary criminal proceedings
187 General immunity for protected confidences
188 Application for leave to disclose protected confidence
189 Threshold test––legitimate forensic purpose
190 Preliminary examination of protected confidence evidence
191 Procedure for preliminary examination
192 Giving of leave to disclose protected confidence
193 Ancillary orders for protection of person who made protected confidence
194 No waiver of protected confidence immunity
195 No protected confidence immunity for medical information
196 No protected confidence immunity for communications for criminal investigations and proceedings
197 No protected confidence immunity in case of misconduct
Division 6  Sexual offence proceedings—directions and warnings to juries
198 Meaning of complainant and sexual offence proceeding for Division 6
199 Comments on complainants’ evidence
200 Comments on children’s evidence
201 Comments about lack of, or delays in making, complaint
202 Directions about implied consent
203 Directions about mistaken belief about consent
Division 7  Family objections
204 Application—Division 7
205 Family objections to giving evidence
206 Time to make family objection
207 Person to be made aware of right to make family objection
208 Family objections to be heard in absence of jury
209 Matters court may consider in deciding family objection
210 Prosecution not to comment about family objections
211 Comments by judge and parties about failure to give evidence by family members
- CHAPTER 8  PUBLICATION OF EVIDENCE
212 Application—chapter 8
213 Prohibition of publication of evidence etc
214 Noncompliance with s 213 order
- CHAPTER 9  MISCELLANEOUS
215 Approved forms
216 Regulation-making power
- SCHEDULE
  - NOTES
  - Table of Amendments

Criminal Procedure Act 2007 (NI)

Legislation text