CRIMES ACT 1914

Part IACA - Witness identity protection for operatives  

Division 1 - Preliminary  

SECTION 15MA   Meaning of criminal proceeding  

(1)  
In this Part, criminal proceeding means a proceeding for the prosecution, whether summarily or on indictment, of an offence or offences.

(2)  
To avoid doubt, each of the following is part of a criminal proceeding :


(a) a bail proceeding;


(b) a committal proceeding;


(c) the discovery, exchange, production, inspection or disclosure of intended evidence, documents and reports of persons intended to be called by a party to give evidence;


(d) a sentencing proceeding;


(e) an appeal proceeding;


(f) a proceeding with respect to any matter in which a person seeks a writ of mandamus or prohibition or an injunction against an officer or officers of the Commonwealth (within the meaning of subsection 39B(1B) of the Judiciary Act 1903 ) in relation to:


(i) a decision to prosecute a person for one or more offences against a law of the Commonwealth; or

(ii) a related criminal justice process decision (within the meaning of subsection 39B(3) of that Act);


(g) any other pre-trial, interlocutory or post-trial proceeding prescribed by regulations for the purposes of this paragraph.




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