Criminal Procedure Act 1986 No 209

Currency

As amended to Crimes Legislation Amendment Act 2018 (No 83). Sch 3 commenced 1 December 2018. Current to 30 November 2018.

The commencement of the Criminal Procedure Amendment (Domestic Violence Complainants) Act 2014 on 1 June 2015 amended the principal Act to permit evidence in domestic violence offences to be given in the form of a recorded statement instead of a written statement. The new provisions are detailed at [80-500] and following. The penalties below were introduced to address instances of abuse of the new evidentiary procedures.

SECTION DESCRIPTION PENALTY (MAX) TABLE
92 Representation in the form of a recorded statement given in evidence in committal proceedings that a person knows to be false, or did not believe to be true, in any material respect.

On summary conviction: 20 pu or 12 mths;

[100 pu and/or 5 yrs]

1  
189(1A) Representation in the form of a recorded statement given in evidence in proceedings that a person knows to be false, or did not believe to be true, in any material respect.

On summary conviction: 20 pu or 12 mths;

[50 pu or 5 yrs]

   
289P Person in possession of a recorded statement must not copy, or permit copying of, the recorded statement, give possession of the recorded statement to another person or publish the recorded statement except for the purposes of a criminal investigation or criminal proceedings, or in the exercise of duties as a public official.

On summary conviction: 100 pu or 2 yrs