Crimes Act 1961
Sections and provisions with full text and the judgments that cite each one.
Section 327 — Witnesses' expenses where indictment removed at instance of the Crown
327 Witnesses' expenses where indictment removed at instance of the Crown Where on the application of the prosecutor an order is made for the trial of any person at a substituted Court, any Judge may…
Section 328 — Form of indictment
328 Form of indictment (1) Every indictment shall be in form 4 in Schedule 2 to this Act, or to the like effect. (2) Any mistake in the heading shall upon being discovered be forthwith amended, and…
Section 329 — Contents of counts
329 Contents of counts (1) Every count of an indictment shall contain and shall be sufficient if it contains in substance a statement that the accused has committed either some crime therein…
Section 330 — Crimes may be charged in the alternative
330 Crimes may be charged in the alternative (1) A count shall not be deemed objectionable on the ground that it charges in the alternative several different matters, acts, or omissions which are…
Section 331 — Certain objections not to vitiate counts
331 Certain objections not to vitiate counts No count shall be deemed objectionable or insufficient on the ground— (a) That it does not contain the name of any person injuriously affected; or (b)…
Section 332 — Indictment for perjury or fraud
332 Indictment for perjury or fraud (1) No count charging perjury, the making of a false oath or of a false statement, or the fabrication of evidence, or procuring the commission of any of those…
Section 333 — General provisions as to counts not affected
333 General provisions as to counts not affected None of the foregoing provisions of this Act as to matters that are not to render any count objectionable or insufficient shall be construed as…
Section 334 — Further particulars
334 Further particulars (1) When any further particulars are delivered pursuant to the foregoing provisions of this Act, a copy shall be given without charge to the accused or his solicitor. (2) The…
Section 335 — Variance and amendment
335 Variance and amendment (1) If on the trial of an indictment there appears to be a variance between the proof and the charge in any count of the indictment either as filed or as amended, or as it…
Section 336 — Indictment for treason
336 Indictment for treason (1) Every indictment for treason must state overt acts, and no evidence shall be admitted of any overt act not stated unless it is otherwise relevant as tending to prove…
Section 337 — Attempt proved when crime is charged
337 Attempt proved when crime is charged Where the commission of the crime charged is not proved, but the evidence establishes an attempt to commit the crime, the accused may be convicted of the…
Section 338 — Crime proved when attempt is charged
338 Crime proved when attempt is charged (1) Where an attempt to commit a crime is charged, but the evidence establishes the commission of the full crime, the accused may be convicted of the attempt.…
Section 339 — Part of charge proved
339 Part of charge proved (1) Every count shall be deemed divisible; and if the commission of the crime charged, as described in the enactment creating the crime or as charged in the count, includes…
Section 340 — Joinder of counts
340 Joinder of counts (1) Any number of counts for any crimes whatever may be joined in the same indictment, and shall be distinguished in the manner shown in form 4 in Schedule 2 to this Act, or to…
Section 341 — Charge of previous conviction
341 Charge of previous conviction (1) Where any count contains an allegation that the accused has been previously convicted, the following provisions shall apply: (a) He shall not at the time of his…
Section 342 — Objections to indictment
342 Objections to indictment (1) No objection to an indictment shall be taken by way of demurrer, but if an indictment does not state in substance a crime the prosecutor or the accused may move the…
Section 343 — Indictment of parties
343 Indictment of parties Every one who is a party to any crime may be convicted either upon a count charging him with having committed that crime, where the nature of the crime charged will admit of…
Section 344 — Accessories after the fact, and receivers
344 Accessories after the fact, and receivers (1) Every one charged with being an accessory after the fact to any crime, or with receiving property knowing it to have been dishonestly obtained, may…
Section 344A — Interlocutory order relating to admissibility of evidence
344A Interlocutory order relating to admissibility of evidence (1) Where any person is committed for trial and— (a) The prosecutor or the accused wishes to adduce any particular evidence at the…
Section 344AA — Money launderers
344AA Money launderers (1) Every one charged with an offence (in this section referred to as a money laundering offence ) against subsection (2) or subsection (3) of section 243 of this Act or…
Section 344B — Attendance at identification parade voluntary
344B Attendance at identification parade voluntary (1) No person charged with an offence shall be compelled to attend an identification parade. (2) If any person charged with an offence does attend…
Section 344C — Information relating to identification witness to be supplied to defendant
344C Information relating to identification witness to be supplied to defendant (1) In this section identification witness , in relation to the trial of a person accused of any offence, means a…
Section 344D — Jury to be warned where principal evidence relates to identification
344D Jury to be warned where principal evidence relates to identification [Repealed] Sections 344B to 344D were inserted, as from 11 December 1982, by section 2 Crimes Amendment Act 1982 (1982 No…
Section 345 — Presenting indictment
345 Presenting indictment (1) Where any person is committed for trial, or any 2 or more persons are so committed, whether jointly or severally, an indictment may be filed in the High Court or in a…
Section 345A — Time for filing indictment
345A Time for filing indictment (1) Unless an extension is obtained under section 345B of this Act, an indictment shall be filed not later than 42 days after the date on which the accused is…
Section 345B — Extension of time for filing indictment
345B Extension of time for filing indictment (1) If, upon application, it appears to a Trial Judge that it is in the interests of justice to extend the 42-day period referred to in section 345A of…
Section 345C — Trial Judge may excuse disclosure of information relating to Police investigations
345C Trial Judge may excuse disclosure of information relating to Police investigations (1) A Trial Judge may, upon application, order that the prosecution be excused from disclosing to the accused…
Section 345D — Leave to file amended indictments
345D Leave to file amended indictments (1) A Trial Judge may, at any time before the commencement of the trial, upon application by the prosecutor, grant leave to allow the prosecutor to file an…
Section 346 — Failure of prosecutor to file indictment
346 Failure of prosecutor to file indictment (1) If the prosecutor does not file an indictment within the 42-day period referred to in section 345A of this Act or within such further time as may be…
Section 347 — Power to discharge accused
347 Power to discharge accused (1) Where any person is committed for trial, the Judge may, in his discretion,— (a) Of his own motion or on the application of the prosecutor or the accused; and (b)…
Section 348 — Copy of indictment
348 Copy of indictment After the indictment is filed, every one charged therein shall be entitled to have a copy thereof, free of charge, from the Registrar. Compare: 1908 No 32 s 410 Section 348 was…
Section 349 — Special provisions in case of treason
349 Special provisions in case of treason [Repealed] Section 349 was repealed, as from 26 December 1989, by section 3(1)(a) Abolition of the Death Penalty Act 1989 (1989 No 119).
Section 350 — Bench warrant
350 Bench warrant [Repealed] Subsection (1) was amended, as from 1 March 1996, by section 4(1) Crimes Amendment Act (No 2) 1995 (1995 No 68) by substituting the word “ filed ” for the word “…
Section 351 — Failure of witness to attend
351 Failure of witness to attend (1) If any witness who has been summoned to give evidence at any trial, or who has been served with a notice to attend under section 181 of the Summary Proceedings…
Section 352 — Refusal of witness to give evidence
352 Refusal of witness to give evidence (1) If any witness, without offering any just excuse, refuses to give evidence when required, or refuses to be sworn, or having been sworn refuses to answer…
Section 353 — Record of proceedings
353 Record of proceedings (1) It shall not in any case be necessary to draw up any formal record of the proceedings on a trial for crime; but the Registrar of the Court before which the trial takes…
Section 354 — Right to be defended
354 Right to be defended Every person accused of any crime may make his full defence thereto by himself or by counsel. Compare: 1908 No 32 s 415
Section 355 — Arraignment
355 Arraignment Every accused person shall, upon being called upon to plead, be entitled to have the indictment on which he is to be tried read over to him, if he so requires. Compare: 1908 No 32 s…
Section 356 — Plea
356 Plea (1) When the accused is called upon to plead he may plead either guilty or not guilty, or such special pleas as are hereinafter provided for. (2) If the accused wilfully refuses to plead, or…
Section 357 — Special pleas
357 Special pleas (1) The following special pleas, and no others, may be pleaded according to the provisions hereinafter contained—that is to say, a plea of previous acquittal, a plea of previous…
Section 358 — Pleas of previous acquittal and conviction
358 Pleas of previous acquittal and conviction (1) On the trial of an issue on a plea of previous acquittal or conviction to any count, if it appears that the matter on which the accused was formerly…
Section 359 — Second accusation
359 Second accusation (1) Where an indictment charges substantially the same offence as that with which the accused was formerly charged, but adds a statement of intention or circumstances of…
Section 360 — Evidence of former trial
360 Evidence of former trial (1) On the trial of an issue on a plea of previous acquittal or conviction on indictment in the High Court or in a District Court, the depositions transmitted to the…
Section 361 — Plea on behalf of corporation
361 Plea on behalf of corporation (1) Where an indictment is filed against a corporation in respect of any indictable offence the corporation may, on arraignment, enter a plea in writing by its…
Section 361A — Trial before a Judge with a jury general rule
361A Trial before a Judge with a jury general rule Subject to sections 361B and 361C of this Act, every accused person shall be tried before a Judge with a jury. Sections 361A to 361C were inserted,…
Section 361B — Accused may apply for trial before a Judge without a jury
361B Accused may apply for trial before a Judge without a jury (1) Subject to the succeeding provisions of this section, where any accused person is committed to the High Court or to a District Court…
Section 361C — Judge may order trial without a jury in certain cases
361C Judge may order trial without a jury in certain cases (1) Without limiting anything in section 361B of this Act but subject to the succeeding provisions of this section, where any person is…
Section 362 — Challenging the array
362 Challenging the array [Repealed] Sections 362 and 363 were repealed, as from 1 May 1982, by section 37(1) Juries Act 1981 (1981 No 23).
Section 363 — Challenges and directions to stand by
363 Challenges and directions to stand by [Repealed] Sections 362 and 363 were repealed, as from 1 May 1982, by section 37(1) Juries Act 1981 (1981 No 23).
Section 364 — Caution to accused when undefended
364 Caution to accused when undefended Where on arraignment any accused person who is not defended by counsel pleads not guilty, the Court shall cause to be handed to him, before the evidence for the…