CRIMINAL PROCEDURE ACT 2009 - NOTES
CRIMINAL PROCEDURE ACT 2009 - NOTES
Version No.
099
No. 7 of 2009
Version incorporating amendments as at 25 March
2024
Í Í Í Í Í Í Í Í Í Í Í Í Í Í Í
Version No. 099
Criminal Procedure Act 2009
No. 7 of 2009 Version incorporating amendments as at 25 March 2024
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 4 December 2008
Legislative Council: 5 February 2009
The long title for the Bill for this Act was "A Bill for an Act to provide
for procedures for the initiation and conduct of criminal proceedings and
appeals in criminal proceedings, to amend the Crimes Act 1958 , the
Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 , the
Magistrates' Court Act 1989 , the Children, Youth and Families Act
2005 , the Sentencing Act 1991 and the Appeal Costs Act
1998 and to repeal the Crimes (Criminal Trials) Act 1999 and for
other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 4 December 2008
Legislative Council: 5 February 2009
Absolute majorities:
Legislative Assembly: 5 February 2009
Legislative Council: 26 February 2009
The Criminal Procedure Act 2009 was assented to on 10 March 2009 and
came into operation as follows:
Chapter 1 (sections 1 –4 ) on 11 March 2009: section 2(1) ; sections
5 –436, 438, 439 on 1 January 2010: Government Gazette 10
December 2009 page 3215; section 437 never proclaimed, repealed by No.
30/2010 section 73.
INTERPRETATION OF LEGISLATION ACT 1984
(ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out
in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which
provides that where an undivided section or clause of a Schedule is amended by
the insertion of one or more subsections or subclauses, the original section or
clause becomes subsection or subclause (1) and is amended by the insertion of
the expression "(1)" at the beginning of the original section or
clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the
following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001
form part of that Act. Any heading inserted in an Act which was passed before 1
January 2001, by an Act passed on or after 1 January 2001, forms part of that
Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule;
sections; clauses; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or
after 1 January 2001 form part of that Act. Any examples, diagrams or notes
inserted in an Act which was passed before 1 January 2001, by an Act passed on
or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January
2001 forms part of that Act. Any punctuation inserted in an Act which was
passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms
part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether
inserted in the Act before, on or after 1 January 2001. Provision numbers
include section numbers, subsection numbers, paragraphs and subparagraphs. See
section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13
October 2004, a legislative item relating to a provision of an Act is taken to
be at the foot of that provision even if it is preceded or followed by another
legislative item that relates to that provision. For example, if a penalty at
the foot of a provision is followed by a note, both of these legislative items
will be regarded as being at the foot of that provision. See section
36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act. See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to
the Criminal Procedure Act 2009 by Acts and subordinate
instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Criminal Procedure Act 2009 , No.
7/2009
Assent Date:
10.3.09
Commencement Date:
S. 438 on 1.1.12: s. 438; s. 387P inserted on
3.10.18 by No. 33/2018 s. 116: Special Gazette (No. 456) 2.10.18
p. 1; s. 420ZN inserted on 25.4.20 by No. 11/2020 s. 32:
s. 2 (as amended by No. 27/2020 s. 23) ; new s. 420ZL
inserted on 30.3.22 by No. 11/2022 s. 3: s. 2
Note:
S. 420ZN repealed Ch. 9 (ss 420A –420ZN)
on 26.4.21; s. 387P(1) repealed s. 387O on 3.10.22; new s. 420ZL
repealed new Ch. 9 (ss 420A –420ZL ) on 30.3.23
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Bus Safety Act 2009 , No. 13/2009 (as amended by No.
68/2009)
Assent Date:
7.4.09
Commencement Date:
S. 79 on 31.12.10: s. 2(3)
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Criminal Procedure Amendment (Consequential and
Transitional Provisions) Act 2009, No. 68/2009
Statute Law Amendment (Evidence Consequential Provisions)
Act 2009, No. 69/2009
Justice Legislation Miscellaneous Amendments Act 2009,
No. 87/2009
Transport Integration Act 2010 , No. 6/2010 (as
amended by No. 45/2010)
Assent Date:
2.3.10
Commencement Date:
S. 203(1)(Sch. 6 item 11) on 1.7.10: Special
Gazette (No. 256) 30.6.10 p. 1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Justice Legislation Amendment Act 2010,
No. 30/2010
Courts Legislation Miscellaneous Amendments Act 2010, No.
34/2010
Assent Date:
15.6.10
Commencement Date:
S. 47 on 1.1.11: s. 2(5)
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Consumer Affairs Legislation Amendment (Reform) Act 2010,
No. 63/2010
Marine Safety Act 2010 ,
No. 65/2010
Bail Amendment Act 2010,
No. 70/2010
Statute Law Revision Act 2011 , No.
29/2011
Sentencing Amendment (Community Correction Reform) Act
2011, No. 65/2011 (as amended by No. 43/2012)
Assent Date:
22.11.11
Commencement Date:
S. 107(Sch. item 4) on 16.1.12: Special Gazette
(No. 423) 21.12.11 p. 3
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Justice Legislation Further Amendment Act 2011, No.
67/2011
Criminal Procedure Amendment (Double Jeopardy and Other
Matters) Act 2011, No. 81/2011
Associations Incorporation Reform Act 2012 , No.
20/2012
Assent Date:
1.5.12
Commencement Date:
S. 226(Sch. 5 item 10) on 26.11.12: Special Gazette (No.
384) 20.11.12 p. 1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Courts and Sentencing Legislation Amendment Act 2012, No.
26/2012
Assent Date:
29.5.12
Commencement Date:
Ss 73 , 74 on 16.7.12: Special Gazette (No. 237) 3.7.12
p. 1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Criminal Procedure Amendment Act 2012, No.
48/2012
Criminal Procedure and Sentencing Acts Amendment (Victims
of Crime) Act 2012, No. 49/2012
Offshore Petroleum and Greenhouse Gas Storage Amendment
(NOPSEMA) Act 2012, No. 74/2012
Integrity and Accountability Legislation Amendment Act
2012, No. 82/2012
Assent Date:
18.12.12
Commencement Date:
S. 160 on 10.2.13: Special Gazette (No. 32) 6.2.13
p. 2
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Jury Directions Act 2013, No.
12/2013
Rail Safety National Law Application Act 2013 ,
No. 22/2013
Assent Date:
23.4.13
Commencement Date:
S. 80 on 19.5.14: Special Gazette (No. 148)
13.5.14 p. 2
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Sentencing Amendment (Abolition of Suspended Sentences
and Other Matters) Act 2013, No. 32/2013
Assent Date:
4.6.13
Commencement Date:
S. 43 on 5.6.13: s. 2(1) ; s. 53 on 19.4.14: Special Gazette
(No. 122) 15.4.14 p. 2
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Road Safety and Sentencing Acts Amendment Act 2013, No.
56/2013
Workplace Injury Rehabilitation and Compensation Act
2013 , No. 67/2013
Assent Date:
12.11.13
Commencement Date:
S. 649(Sch. 9 item 10) on 1.7.14:
s. 2(1)
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Justice Legislation Amendment (Miscellaneous) Act 2013,
No. 77/2013
Legal Profession Uniform Law Application Act 2014 , No.
17/2014
Assent Date:
25.3.14
Commencement Date:
S. 160(Sch. 2 item 30) on 1.7.15: Special Gazette
(No. 151) 16.6.15 p. 1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Mental Health Act 2014 , No. 26/2014
Victoria Police Amendment (Consequential and Other
Matters) Act 2014, No. 37/2014
Assent Date:
3.6.14
Commencement Date:
S. 10(Sch. item 41) on 1.7.14: Special Gazette
(No. 200) 24.6.14 p. 2
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Fines Reform Act 2014 , No. 47/2014
Assent Date:
1.7.14
Commencement Date:
Ss 256 –259 on 31.12.17: Special Gazette (No. 443)
19.12.17 p. 1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Crime Statistics Act 2014 ,
No. 54/2014
Assent Date:
26.8.14
Commencement Date:
S. 16 on 1.1.15: Special Gazette (No. 364) 14.10.14
p. 1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Criminal Organisations Control and Other Acts Amendment
Act 2014, No. 55/2014
Powers of Attorney Act 2014 , No.
57/2014
Assent Date:
26.8.14
Commencement Date:
S. 150 on 1.9.15: s. 2(2)
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Privacy and Data Protection Act 2014 ,
No. 60/2014
Assent Date:
2.9.14
Commencement Date:
S. 140(Sch. 3 item 10) on 17.9.14: Special
Gazette (No. 317) 16.9.14 p. 1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Crimes Amendment (Sexual Offences and Other Matters) Act
2014, No. 74/2014
Jury Directions Act 2015 ,
No. 14/2015
Justice Legislation Amendment Act 2015,
No. 20/2015
Crimes Amendment (Child Pornography and Other Matters)
Act 2015, No. 42/2015
Bail Amendment Act 2016, No. 1/2016
Assent Date:
16.2.16
Commencement Date:
S. 22(2) on 2.5.16: Special Gazette (No. 103) 19.4.16
p. 1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Justice Legislation Further Amendment Act 2016, No.
3/2016
Assent Date:
16.2.16
Commencement Date:
Ss 60 –84 on 1.5.16: Special Gazette
(No. 114) 26.4.16 p. 1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Confiscation and Other Matters Amendment Act 2016, No.
27/2016
Crimes Legislation Amendment Act 2016, No.
28/2016
Justice Legislation (Evidence and Other Acts) Amendment
Act 2016, No. 38/2016
Assent Date:
28.6.16
Commencement Date:
S. 9 on 12.9.16: Special Gazette (No. 278) 6.9.16
p. 1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Crimes Amendment (Sexual Offences) Act 2016, No.
47/2016
Crimes Amendment (Carjacking and Home Invasion)
Act 2016, No. 50/2016
Assent Date:
18.10.16
Commencement Date:
S. 8 on 7.12.16: Special Gazette (No. 375) 6.12.16
p. 1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Crimes Legislation Further Amendment Act 2017, No.
6/2017
Heritage Act 2017 , No. 7/2017
Family Violence Protection Amendment Act 2017, No.
19/2017
Assent Date:
16.5.17
Commencement Date:
Ss 56 –58 on 29.3.18: Special Gazette (No. 136)
27.3.18 p. 2
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Building Amendment (Enforcement and Other Measures)
Act 2017, No. 21/2017
Sex Offenders Registration Amendment (Miscellaneous)
Act 2017, No. 25/2017
Bail Amendment (Stage One) Act 2017, No.
26/2017
Assent Date:
27.6.17
Commencement Date:
S. 22 on 21.5.18: Special Gazette (No. 218) 15.5.18
p. 1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Jury Directions and Other Acts Amendment Act 2017, No.
37/2017
Justice Legislation Amendment (Court Security, Juries and
Other Matters) Act 2017, No. 38/2017
Children and Justice Legislation Amendment (Youth Justice
Reform) Act 2017, No. 43/2017
Assent Date:
26.9.17
Commencement Date:
S. 64(4) on 30.11.17: Special Gazette (No. 406)
28.11.17 p. 1; s. 35 on 26.2.18: Special Gazette (No. 406) 28.11.17
p. 1; ss 25 –27 , 36 on 5.4.18: Special Gazette (No. 136) 27.3.18
p. 1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Serious Sex Offenders (Detention and Supervision)
Amendment (Governance) Act 2017, No. 57/2017
Assent Date:
8.11.17
Commencement Date:
S. 47 on 27.2.18: Special Gazette (No. 49) 13.2.18
p. 1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Bail Amendment (Stage Two) Act 2018,
No. 3/2018
Assent Date:
27.2.18
Commencement Date:
S. 27 on 5.4.18: Special Gazette (No. 136) 27.3.18 p.
1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Justice Legislation Amendment (Victims) Act 2018,
No. 5/2018
Oaths and Affirmations Act 2018 , No.
6/2018
Major Events Legislation Amendment (Ticket Scalping and
Other Matters) Act 2018, No. 13/2018
Assent Date:
15.5.18
Commencement Date:
S. 27 on 1.6.18: Special Gazette (No. 248) 29.5.18
p. 1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Serious Offenders Act 2018 , No.
27/2018
Assent Date:
26.6.18
Commencement Date:
S. 357 on 3.9.18: Special Gazette (No. 356) 31.7.18
p. 1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Justice Legislation Amendment (Terrorism) Act 2018,
No. 32/2018
Assent Date:
7.8.18
Commencement Date:
S. 132 on 30.11.18: Special Gazette (No. 497) 23.10.18
p. 1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Justice Legislation Amendment (Family Violence Protection
and Other Matters) Act 2018, No. 33/2018
Assent Date:
14.8.18
Commencement Date:
S. 116 on 3.10.18: Special Gazette (No. 456) 2.10.18
p. 1; s. 38 on 29.3.19: Special Gazette (No. 114) 26.3.19 p. 1; s. 46 on
1.9.20: s. 2(3)
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Environment Protection
Amendment Act 2018, No. 39/2018 (as amended
by No. 11/2020)
Assent Date:
28.8.18
Commencement Date:
S. 35 on 1.7.21: Special Gazette (No. 124) 16.3.21
p. 1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Justice Legislation Miscellaneous Amendment Act 2018, No.
48/2018
Assent Date:
25.9.18
Commencement Date:
Ss 32 –38 , 40 –42 on 28.10.18: Special Gazette
(No. 480) 16.10.18 p. 1; ss 20 –31 on 3.3.19: Special Gazette
(No. 480) 16.10.18 p. 1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
West Gate Tunnel (Truck Bans and Traffic Management)
Act 2019 , No. 8/2019
Disability (National Disability Insurance Scheme
Transition) Amendment Act 2019, No. 19/2019
Mineral Resources (Sustainable Development) Amendment Act
2019, No. 32/2019
Rail Safety Legislation Amendment (National Services
Delivery and Related Reforms) Act 2019, No. 41/2019
Assent Date:
6.11.19
Commencement Date:
S. 117(Sch. 1 item 2) on 2.12.19: Special Gazette
(No. 480) 26.11.19 p. 1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Justice Legislation Amendment (Criminal Appeals)
Act 2019, No. 44/2019
Assent Date:
19.11.19
Commencement Date:
Ss 33 −37 on 4.12.19: Special Gazette (No. 496) 3.12.19
p. 1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Transport Legislation Amendment Act 2019, No.
49/2019
Assent Date:
3.12.19
Commencement Date:
S. 186(Sch. 4 item 9) on 1.1.20: Special Gazette
(No. 514) 10.12.19 p. 1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Workplace Safety Legislation Amendment (Workplace
Manslaughter and Other Matters) Act 2019,
No. 50/2019
Local Government Act 2020 ,
No. 9/2020
COVID-19 Omnibus (Emergency Measures) Act 2020, No.
11/2020
Crimes Amendment (Manslaughter and Related Offences)
Act 2020, No. 16/2020
North East Link Act 2020 , No.
18/2020
Wage Theft Act 2020 ,
No. 21/2020
Justice Legislation Miscellaneous Amendments Act 2020,
No. 22/2020
Sentencing Amendment
(Emergency Worker Harm) Act 2020, No. 23/2020
COVID-19 Omnibus (Emergency Measures) and Other Acts
Amendment Act 2020, No. 27/2020
Justice Legislation Amendment (System Enhancements and
Other Matters) Act 2021, No. 11/2021
Energy Legislation Amendment (Energy Fairness)
Act 2021, No. 28/2021
Assent Date:
10.8.21
Commencement Date:
S. 31 on 1.3.22: Special Gazette (No. 87) 22.2.22
p. 1
Current State:
This information relates only to the provision/s amending
the Criminal Procedure Act 2009
Transport Legislation Miscellaneous Amendments
Act 2021, No. 30/2021
Firearms and Other Acts Amendment Act 2021,
No. 44/2021
Justice Legislation Amendment (Criminal Procedure
Disclosure and Other Matters) Act 2022,
No. 1/2022
Sex Work Decriminalisation Act 2022 ,
No. 7/2022
Justice Legislation Amendment (Trial by Judge Alone and
Other Matters) Act 2022, No. 11/2022
Justice Legislation Amendment (Sexual Offences and Other
Matters) Act 2022, No. 38/2022
Mental Health and Wellbeing
Act 2022 , No. 39/2022
Statute Law Amendment (References to the Sovereign)
Act 2023, No. 25/2023
Justice Legislation Amendment
Act 2023, No. 26/2023
Bail Amendment Act 2023,
No. 28/2023
––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] S. 255(5)(ab): The
amendment proposed by section 64 of the Justice Legislation Amendment
(Criminal Procedure Disclosure and Other Matters) Act 2022 ,
No. 1/2022 is not included in this publication because the words "or the
Prothonotary of the Supreme Court" do not appear in section 255(5)(ab).
Section 64 reads as follows—
64 How appeal is commenced
In section 255(5)(ab) of the Criminal
Procedure Act 2009 , for "or the Prothonotary of the Supreme Court"
insert ", the Prothonotary of the Supreme
Court or the Registrar of Criminal Appeals, as the case requires,".