“imprisonable offence means,—

• “(a) in the case of an individual, an offence punishable by imprisonment for life or by a term of imprisonment:

• “(b) in the case of a body corporate, an offence that would be punishable by imprisonment for life or by a term of imprisonment if the offence were committed by an individual”.

• “(e) except if the prosecution is a private prosecution brought by an individual,—

  • “(i) the name of the prosecuting organisation; and

  • “(ii) the particulars of an appropriate contact person in relation to the prosecution; and”.

• “(5) A formal written statement that satisfies the requirements of section 162 of the Summary Proceedings Act 1957 may be treated as a formal statement that satisfies the requirements of this section.”

“138 Trial of different charges together

• “(1) The prosecutor may—

  • “(a) notify the court before which a proceeding is being conducted proposing that—

    • “(i) 2 or more charges be heard together; or

    • “(ii) the charges against 1 defendant be heard with charges against 1 or more other defendants:

  • “(b) amend a notification given under paragraph (a).

  “(2) Despite subsection (1), if the prosecutor seeks to give or amend a notification involving a charge in respect of which the proceeding has been adjourned after the entry of a not guilty plea, the prosecutor must seek the leave of the court.

  “(3) Charges must be heard together in accordance with any notification given under subsection (1)(a) or amended under subsection (1)(b) unless the court—

  • “(a) does not grant leave where the prosecutor seeks leave under subsection (2); or

  • “(b) makes an order under subsection (4).

  “(4) If the court before which the proceeding is being conducted thinks it is in the interests of justice to do so, it may, on its own motion or on the application of a defendant, order that 1 or more charges against the defendant be heard separately.

  “(5) An order under subsection (4) may be made either before or during the trial, and,—

  • “(a) if it is made during the course of a Judge-alone trial, the court must adjourn the trial of the charges in respect of which the trial is not to proceed; and

  • “(b) if it is made during the course of a jury trial, the jury must be discharged from giving a verdict on the charges on which the trial is not to proceed.”

• “(3A) A Registrar may exercise the power specified in subsection (3).”

• “(5) No Crown prosecution is invalid only because the Crown—

  • “(a) did not assume responsibility for a prosecution in accordance with regulations made under this Act; or

  • “(b) assumed responsibility for a prosecution for which it should not have assumed responsibility.”

• “(b) a notice filed under subsection (1)—

  • “(i) satisfies the requirements of section 138(1); and

  • “(ii) section 138(2) does not apply when new charges are added to a proceeding in accordance with that notice; and”.

• “(2) Appeals arising from the exercise of a related right of appeal by the convicted person or the prosecutor must be heard and determined by the Court of Appeal.

• “(2A) Subsection (2) does not apply to any appeal to the Supreme Court for which the Supreme Court has given leave.”

• “(1) This section applies to any category 2 offence (not being a continuing offence) in respect of which—

  • “(a) the maximum term of imprisonment that can be imposed does not exceed 3 months:

  • “(b) the sentence that can be imposed relates to an offence punishable by a community-based sentence and not punishable by a term of imprisonment.”

• “(ma) make, under section 129A of that Act, a confiscation and destruction order in respect of a motor vehicle:

• “(mb) make, under section 129B of that Act, an order that a written caution be issued and served:”.

• “(ba) must, if that offence is an offence to which section 33 of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act, an order under section 33 of that Act disqualifying the person from holding or obtaining a driver licence for 6 months or more, unless the court, for special reasons relating to the offence, thinks fit to order otherwise:”.

• “(ga) may, if that offence is an offence to which section 65A(1) of the Land Transport Act 1998 applies, impose an alcohol interlock licence disqualification:

• “(gb) must, if an alcohol interlock licence disqualification is imposed under section 65A of the Land Transport Act 1998,—

  • “(i) make, in addition to any other penalties it may impose, an order under section 65A(2)(a) disqualifying the person from holding any driver licence for a period of 3 months; and

  • “(ii) make an order under section 65A(2)(b) of the Land Transport Act 1998:

• “(gc) must, if that offence is an offence to which section 65B(1) of the Land Transport Act 1998 applies, make an order authorising the person to apply for a zero alcohol licence that has effect for a period of 3 years from the date on which the licence is issued:”.

• “(i) must, if that offence is an offence to which section 79D of the Land Transport Act 1998 applies, make, in addition to any other penalties it may impose but subject to sections 81 and 94 of that Act, an order under section 79D of that Act disqualifying the person from holding or obtaining a transport service licence for 6 months or more, unless the court, for special reasons relating to the offence, thinks fit to order otherwise.”

“361 Jurisdiction of Justices and Community Magistrates to take pleas

• “(1) A District Court presided over by 1 or more Justices or 1 or more Community Magistrates may—

  • “(a) receive a plea under section 37 from a defendant charged with an offence that is not a category 4 offence:

  • “(b) require a plea under section 39 from a defendant charged with an offence that is not a category 4 offence.

  “(2) If the defendant indicates to the court exercising the power under subsection (1) that he or she wishes to plead guilty to an offence, the defendant must be brought before a Judge to enter a plea.

  “(3) Subsection (2) does not apply if—

  • “(a) the defendant is entering a plea in respect of any offence to which section 357(1) applies; and

  • “(b) the court exercising jurisdiction under subsection (1) is presided over by 1 or more Community Magistrates.

  “(4) Nothing in this section applies when a District Court presided over by 1 or more Justices or 1 or more Community Magistrates is exercising jurisdiction in accordance with section 355 or 356.”

“380 Proceedings not invalid because defendant should have been dealt with in Youth Court

• “(1) This section applies if—

  • “(a) section 177(1) applies; or

  • “(b) the defendant—

    • “(i) is convicted of a category 3 offence punishable by a term of imprisonment exceeding 3 years; and

    • “(ii) did not elect a jury trial.

  “(2) No conviction or order or other process or proceeding is invalid by reason only that at the time the defendant was convicted the defendant should by reason of his or her age have been dealt with in a Youth Court.

  “(3) On the application of either party, a retrial of the charge may be granted under section 177.

  “(4) If, at the time appointed for the retrial, the defendant is still a child or young person within the meaning of the Children, Young Persons, and Their Families Act 1989, the court must remit the proceedings to a Youth Court to be dealt with in that court.”

“385A Judge or Registrar may waive certain fees

• A Judge or Registrar may, subject to any terms or conditions that the Judge or Registrar thinks fit, waive the payment of a fee prescribed under section 387 for accessing documents (in whole or in part) if the Judge or Registrar is satisfied that the person is unable, or should not be required, to pay the fee.”

“404A Access to court documents

• Part 6 of the Criminal Procedure Rules 2012 applies, with any necessary modifications, to a request for access to court documents relating to a proceeding that was commenced prior to the commencement date as if that proceeding were a proceeding under the Criminal Procedure Act 2011.”

“406A Savings

• The Witnesses and Interpreters Fees Regulations 1974, insofar as they apply to criminal proceedings, continue in force, and may be amended, as if they had been made under section 387.”

• “(f) the Crimes Act 1961:

• “(g) ‘indictable’ or ‘indictment’ or any related terminology:

• “(h) ‘committal’ or any related terminology:

• “(i) ‘accused’ or any related terminology.”

“Definition of charged in section 2(1): repeal and substitute:

“‘charged, in relation to a person, means that a charging document charging the person with an offence has been filed in a District Court (including in relation to proceedings in the Youth Court)’”..

“Section 24J(1)(b): omit ‘by way of summons’ and substitute ‘by filing a charging document’.

“Section 24K(1)(b): omit ‘by way of summons’ and substitute ‘by filing a charging document’.”

“Section 50C(4)(a): omit ‘laid’ and substitute ‘filed’.

“Section 50C(4)(b): omit ‘laid’ and substitute ‘filed’.”

“Section 237(1): omit ‘specified in subsection (1) of that section’ and substitute ‘permitted by those rules’.”

“Section 34(3)(a): omit ‘Crimes Act 1961, or under the Summary Proceedings Act 1957’ and substitute ‘Criminal Procedure Act 2011’.

“Section 34(3)(b): omit ‘committal process’ and substitute ‘pre-trial’.”

“Section 239A(2) (as inserted by section 6 of the Local Government (Alcohol Reform) Amendment Act 2012): omit ‘the laying of an information under the Summary Proceedings Act 1957, or by the filing of a notice of prosecution under section 20A of that Act’ and substitute ‘filing a charging document under section 14 of the Criminal Procedure Act 2011’.”

“Section 244(1)(a) (as inserted by section 7 of the Local Government (Alcohol Reform) Amendment Act 2012): omit ‘Summary Proceedings Act 1957’ and substitute ‘Criminal Procedure Act 2011’.

“Section 244(2)(b) (as inserted by section 7 of the Local Government (Alcohol Reform) Amendment Act 2012): omit ‘Summary Proceedings Act 1957’ and substitute ‘Criminal Procedure Act 2011’.”

“Definition of served in section 31(5): omit ‘in accordance with sections 24 to 29 of the Summary Proceedings Act 1957’ and substitute ‘as if the certificate were a document required to be served in accordance with rules made under the Criminal Procedure Act 2011’.”

“Section 107G(8): omit ‘form that’ and substitute ‘form for which the content’.”

“Regulation 6(2): omit ‘section 24 of the Summary Proceedings Act 1957 as if references in that section to the defendant were references to the person required to be served’ and substitute ‘rules in relation to service of a summons made under the Criminal Procedure Act 2011 that apply (with all necessary modifications)’.

“Regulation 7: revoke.”

“Regulation 4(2): omit “provisions of section 24 of the Summary Proceedings Act 1957 as if references in that section to the defendant were references to the person required to be served” and substitute “rules in relation to service of a summons made under the Criminal Procedure Act 2011 that apply (with all necessary modifications)”.

“Regulation 4(3): revoke.”

“Regulation 4(2): omit “provisions of section 24 of the Summary Proceedings Act 1957 as if references in that section to the defendant were references to the person required to be served” and substitute “rules in relation to service of a summons made under the Criminal Procedure Act 2011 that apply (with all necessary modifications)”.

“Regulation 4(3): revoke.”