4. Criminal Procedure

A.  Legislation

The following Australian jurisdictions have enacted legislation dealing with matters of general criminal procedure.

Victoria:
Made under the COVID-19 Omnibus (Emergency Measures) Act 2020 (Vic):

• COVID-19 Omnibus (Emergency Measures) (Criminal Proceedings and Other Matters) Regulations 2020, which modifies the application of various provisions of the following Justice Acts:
  • to modify the witnessing, execution or signing of legal documents such as affidavits and undertakings under the Bail Act 1977 (Vic);
  • to modify the conduct of proceedings under the Criminal Procedure Act 2009 (Vic);
  • to modify the physical inspection of document requirements under s 32 of the Interpretation of Legislation Act 1984 (Vic);
  • to modify the conduct of, or arrangements for, proceedings and requirements for the service of documents under the Juries Act 2000 (Vic);
  • to extend the limitation periods for civil actions under the Limitation of Actions Act 1958 (Vic) and the Wrongs Act 1958 (Vic);
  • to modify the operation of section 17(1) of the Major Crime (Investigative Powers) Act 2004 (Vic) regarding the personal service of witness summons;
  • to modify or suspend certain statutory time frames under the Magistrates' Court Act 1989 (Vic);
  • to modify the conduct of proceedings under the Magistrates' Court Act 1989 (Vic);
  • to modify the conduct of proceedings and evidentiary requirements under the Victorian Civil and Administrative Tribunal Act 1998 (Vic);
  • to modify the time frames that apply under the Victorian Civil and Administrative Tribunal Act 1998 (Vic) for the VCAT to hear certain applications under the Disability Act 2006 (Vic), the Guardianship and Administration Act 2019 (Vic) and Part 12A of the Residential Tenancies Act 1997 (Vic).

New South Wales:
Criminal Procedure Act 1986 (NSW) amended by the COVID-19 Legislation Amendment (Emergency Measures—Attorney General) Act 2020 (NSW): provides that an accused person who has been served with a court attendance notice and who has been granted or refused bail, or in relation to whom bail has been dispensed with, is not prevented from lodging a written plea of guilty or not guilty under s 182 of the Criminal Procedure Act 1986 (NSW). The provision ceases to have effect (and is automatically repealed) on the day that Ch 7, Pt 5 (Response to COVID-19 pandemic) of that Act is repealed, being 26 September 2020, or a later day prescribed by the regulations, but not later than 26 March 2021 (see s 367 of that Act).

​South Australia:
Made under the Magistrates Court Act 1991 (SA):

• Magistrates Court Rules 1992 amended by the Amendment 81 to the Magistrates Court Rules 1992, concerning filing of documents by prosecuting authorities.

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​Tasmania:
Made under the COVID-19 Disease Emergency (Miscellaneous Provisions) Act 2020 (Tas): 

• Notice under Section 20 (16 April 2020), in relation to sitting of criminal trials and sentencing.
• Notice under Section 20 (17 April 2020) in relation to justices and sentencing.

Australian Capital Territory:
Crimes Act 1900 (ACT) amended by the COVID-19 Emergency Response Legislation Amendment Act 2020 (ACT).

​B.  Cases

The following topics are dealt with in this section:
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A.  Adjournments.
B.  Hearings by alternative means.
C.  Crimes mental impairment.
D.  Juries and trials by judge alone.
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A. Adjournments >>