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CRIMINAL CODE 1899 - SECT 590AD

div 3

590AD div 3

In this chapter division—

"affected child" see the Evidence Act 1977 , section 21AC .

"arresting officer" , for a person charged with an offence, means—

(a) the police officer who arrested the person or, if the person was not arrested, the police officer who brought the charge against the person; or
(b) at any time the person mentioned in paragraph (a) is unavailable, another police officer the police commissioner, or a delegate of the police commissioner, designates as the arresting officer for the person.

"associate" , of a lawyer, means an associate of the law practice of the lawyer as defined under the Legal Profession Act 2007 , section 7 (1) (a) or (c) .

"court" means the court for the relevant proceeding.

"criminal history" of a person includes every finding of guilt, or acceptance of a plea of guilty, whether or not a conviction was recorded, other than a spent conviction.

"disclose" ...

"end" , of the proceedings for a relevant charge, means—
(a) if a trial that disposes of the charge is not conducted—the discharge, striking out, withdrawal, entry of nolle prosequi, quashing, staying or other event by which the proceedings end; or
(b) if a trial that disposes of the charge ends without a finding of guilt—the end of the trial; or
(c) if a trial that disposes of the charge ends with a finding of guilt and an appeal against the finding is not started during the period allowed for appeal, including an extension of the period granted by a court—the end of the period; or
(d) if a trial that disposes of the charge ends with a finding of guilt and an appeal is started against the finding—the end of the appeal and the end of any further proceedings.

"Evidence Act section 93A device statement" see section 590AFA .

"exculpatory thing" , in relation to an accused person, means reliable evidence of a nature to cause a jury to entertain a reasonable doubt as to the guilt of the accused person.

"original evidence" means a thing that may be tendered as an exhibit in a relevant proceeding.

"possession of the prosecution" see section 590AE .

"prescribed summary trial" means a summary trial of—
(a) a charge for an indictable offence that must be heard and decided summarily under section 552BA ; or
(b) a charge for an indictable offence if, under section 552A , the prosecution has elected that the charge be heard and decided summarily; or
(c) a charge for an indictable offence to which section 552B applies unless the defendant has informed the Magistrates Court that he or she wants to be tried by jury; or
(d) a charge for an indictable offence against a provision of the Drugs Misuse Act 1986 , if—
(i) under that Act, proceedings for the charge may be taken summarily; and
(ii) the prosecution has elected that proceedings for the charge be taken summarily; or
(e) a charge for a domestic violence offence heard in a domestic violence proceeding within the meaning of the Evidence Act 1977 , sections 103B and 103C ; or
(f) a charge for an offence prescribed under a regulation for this definition.

"prosecution" means the person in charge of the prosecution or a person appearing for the prosecution.

"recorded statement" see the Evidence Act 1977 , section 103A .

"relevant charge" means a charge against the accused person in a relevant proceeding, and includes any replacement or further charge arising out of the proceeding or the same, or same set of, circumstances.

"relevant proceeding" means—
(a) a committal proceeding; or
(b) a prescribed summary trial; or
(c) a trial on indictment.

"sensitive evidence" see section 590AF .

"spent conviction" ...

"statement" of a person means—
(a) a statement signed by the person; or
(b) a statement of the person that is potentially admissible under the Evidence Act 1977 , section 93A ; or
(c) any other representation of fact, whether in words or otherwise, made by the person.

"view" includes listen to.


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