New South Wales Repealed Regulations

This legislation has been repealed.

CRIMINAL PROCEDURE REGULATION 2000 - SCHEDULE 1

SCHEDULE 1 – Forms

(Clause (3 (2))

Form 1

(Clause 12)

Important information about your rights

To
charged with the offence of

before the(name of Court).

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.

If you want to be dealt with by a jury you must elect to have the offence dealt with that way.

If you are dealt with by a jury and are found guilty the maximum penalty/term is

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

If the offence is dealt with by a Magistrate sitting alone and you are found guilty, the maximum penalty/term is

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 withindays 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 prosecuting authority can elect to have the offence dealt with on indictment.

Form 2

(Clause 14)

Notice of intention to adduce evidence of substantial impairment

( Criminal Procedure Act 1986 , section 151)

R v (insert name of defendant)

To the Director of Public Prosecutions:

The defendanthas been committed for trial on a charge of murder. The trial is listed for hearing onat

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:

[List the name, occupation and address of each person to be called by the defendant, and include (in relation to each such person) a short statement of the particulars of the evidence that the person proposes to give. If more space is needed, attach material to this form.]

Defendant/defendant's legal practitioner

Date:

Form 3

(Clause 15)

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

( Criminal Procedure Act 1986 , section 279)

On this date, I, the undersigned, a Judge of the Supreme Court/Judge of the District Court/Magistrate, sitting atin the State of New South Wales, dealt with an application under section 279 of the Criminal Procedure Act 1986 , thatbe excused from giving evidence for the prosecution in proceedings againstcharged with the following offence:

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 the husband or wife 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:

Judge/Magistrate

Date:

Form 4

(Clause 16)

Form of deposition

( Criminal Procedure Act 1986 , section 284)

The deposition of, a person now dangerously ill, taken before the undersigned Justice atwhich said, being duly sworn, states as follows:

[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.

Justice

Date:

[If the deposition is by affirmation or declaration, the form is to be varied accordingly.]

Form 5

(Clause 17)

Certificate of Attorney General or Director of Public Prosecutions

( Criminal Procedure Act 1986 , section 44)

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

Attorney General or Director of Public Prosecutions

Date: