Crimes Act 1961
Sections and provisions with full text and the judgments that cite each one.
Section 365 — Question to accused when undefended
365 Question to accused when undefended Where any accused person is not defended by counsel, then, on the completion of the examination of the witnesses on the part of the prosecution, the following…
Section 366 — Comment on failure to give evidence
366 Comment on failure to give evidence (1) [Repealed] (2) Where a person charged with an offence refrains from calling his wife or her husband, as the case may be, as a witness, no comment adverse…
Section 366A — Unsworn statement prohibited
366A Unsworn statement prohibited (1) No accused person shall be entitled to make an unsworn statement of fact at his trial. (2) Nothing in this section shall limit the provisions of section 369 of…
Section 367 — Evidence and addresses
367 Evidence and addresses (1) Upon the trial of any accused person, counsel for the prosecution may open his case and after such opening (if any) shall be entitled to call such witnesses as he…
Section 367A — Notice of alibi
367A Notice of alibi (1) On the trial of any accused person who has been committed for trial, he shall not without the leave of the Court adduce evidence in support of an alibi unless, before the…
Section 368 — Adjourning trial for witnesses
368 Adjourning trial for witnesses (1) If the Court is of opinion that the accused is taken by surprise, in a manner likely to be prejudicial to his defence, by the production on behalf of the…
Section 369 — Admissions
369 Admissions [Repealed] Section 369 was repealed, as from 1 August 2007, by section 215 Evidence Act 2006 (2006 No 69). See clause 2(2) Evidence Act 2006 Commencement Order 2007 (SR 2007/190).
Section 369A — Prosecution may withdraw in certain cases
369A Prosecution may withdraw in certain cases (1) Where, on an application under section 109(1)(d) of the Evidence Act 2006 , leave is granted to the accused to put any question relating to the…
Section 370 — Jury retiring to consider verdict
370 Jury retiring to consider verdict (1) If the jury retire to consider their verdict they shall be kept under the charge of an officer of the Court in some private place provided with sufficient…
Section 371 — Motion in arrest of judgment. Sentence
371 Motion in arrest of judgment. Sentence (1) If the jury find the accused guilty, or if the accused pleads guilty, it shall be the duty of the Registrar to ask him whether he has anything to say…
Section 372 — Correction of erroneous sentence
372 Correction of erroneous sentence (1) If any sentence is one that could not by law be passed, or if the Judge does not pass a sentence that is required by law to be passed, either party may apply…
Section 373 — Adjournment
373 Adjournment (1) From the time when the accused is given in charge to the jury the trial shall proceed continuously, subject to the power of the Court to adjourn it. (2) Upon every such…
Section 374 — Discharge of jury
374 Discharge of jury (1) Subject to the provisions of this section, the Court may in its discretion, in the case of any emergency or casualty rendering it, in the opinion of the Court, highly…
Section 375 — Power to clear Court and forbid report of proceedings
375 Power to clear Court and forbid report of proceedings [Repealed] The proviso to subsection (1) was amended, as from 17 December 1976, by section 19(3) Summary Proceedings Amendment Act 1976 (1976…
Section 375A — Special provisions in cases of sexual nature
375A Special provisions in cases of sexual nature (1) For the purposes of this section, case of a sexual nature means proceedings in which a person is charged with, or is to be sentenced for, any of…
Section 376 — Presence of the accused
376 Presence of the accused (1) Every accused person shall be entitled to be present in Court during the whole of his trial, unless he misconducts himself by so interrupting the proceedings as to…
Section 377 — Proceedings on Sunday
377 Proceedings on Sunday The taking of the verdict of the jury or other proceeding of the Court shall not be invalid by reason of its happening on Sunday. Compare: 1908 No 32 s 434
Section 378 — Stay of proceedings
378 Stay of proceedings The Attorney-General may at any time after any person has been committed for trial or for sentence, or after an indictment has been filed against any person for any crime, and…
Section 378A — Order for retrial may be granted if acquittal tainted
378A Order for retrial may be granted if acquittal tainted (1) In this section,— acquittal — (a) includes— (i) the dismissal of an information on the merits; and (ii) a discharge under section 347 or…
Section 378B — Meaning of terms used in sections 378C and 378D
378B Meaning of terms used in sections 378C and 378D (1) In sections 378C and 378D ,— acquittal — (a) includes— (i) a discharge under section 347 or 369A ; and (ii) the setting aside of a conviction…
Section 378C — Consent of Solicitor-General required in certain circumstances for exercise of powers in relation to acquitted person
378C Consent of Solicitor-General required in certain circumstances for exercise of powers in relation to acquitted person (1) Subsection (2) applies if a member of the police has good cause to…
Section 378D — Order for retrial may be granted by Court of Appeal if new and compelling evidence discovered
378D Order for retrial may be granted by Court of Appeal if new and compelling evidence discovered (1) The Court of Appeal may, on the application of the Solicitor-General made in accordance with…
Section 378E — Orders to safeguard fairness of retrial
378E Orders to safeguard fairness of retrial (1) An order for a retrial under section 378A or 378D may be granted subject to— (a) any conditions that the court considers are required to safeguard the…
Section 378F — Effect of order for retrial
378F Effect of order for retrial (1) If an order for a retrial is granted under section 378A or 378D ,— (a) the order of the Court must be certified by the Judge or, as the case requires, the…
Section 379 — Interpretation
379 Interpretation In this Part of this Act, unless the context otherwise requires,— Appellant includes a person who has been convicted and desires to appeal under this Part of this Act Court of…
Section 379A — Right of appeal in certain cases
379A Right of appeal in certain cases (1) At any time before the trial, or as the case may require a later retrial, either the prosecutor or the accused person, with the leave of the court appealed…
Section 379CA — Appeal against order in respect of costs
379CA Appeal against order in respect of costs (1) Where before, during, or after any trial the Court makes an order for the payment of costs or declines to make an order under the Costs in Criminal…
Section 379AB — Appeal against decision of Court of Appeal on appeal against certain orders
379AB Appeal against decision of Court of Appeal on appeal against certain orders (1) With the leave of the Supreme Court, an accused person may appeal to the Supreme Court against a decision of the…
Section 379B — Appeal from decision of High Court relating to bail
379B Appeal from decision of High Court relating to bail [Repealed] Sections 379B to 379D were inserted, as from 1 December 1991, by section 9 Crimes Amendment Act (No 2) 1991 (1991 No 106). Sections…
Section 379C — Procedural provisions relating to appeal on question of bail
379C Procedural provisions relating to appeal on question of bail [Repealed] Sections 379B to 379D were inserted, as from 1 December 1991, by section 9 Crimes Amendment Act (No 2) 1991 (1991 No 106).…
Section 379D — Execution of decision of Court of Appeal
379D Execution of decision of Court of Appeal [Repealed] Sections 379B to 379D were inserted, as from 1 December 1991, by section 9 Crimes Amendment Act (No 2) 1991 (1991 No 106). Sections 379B,…
Section 380 — Reserving question of the law
380 Reserving question of the law (1) The Court before which any accused person is tried may, either during or after the trial, reserve for the opinion of the Court of Appeal, in manner hereinafter…
Section 381 — Appeal where no question reserved
381 Appeal where no question reserved (1) If the Court refuses to reserve the question the party applying may move the Court of Appeal for leave to appeal against that refusal. (2) The Court of…
Section 381A — Question of law arising out of discharge under section 347 or stay of prosecution may be referred to Court of Appeal
381A Question of law arising out of discharge under section 347 or stay of prosecution may be referred to Court of Appeal (1) A Judge who directs that an accused be discharged under section 347 or…
Section 382 — Powers of Court of Appeal where appeal is on question of law
382 Powers of Court of Appeal where appeal is on question of law (1) The Court of Appeal may, in its discretion, send back any case to the Court by which it was stated to be amended or restated. (2)…
Section 383 — Right of appeal against conviction or sentence
383 Right of appeal against conviction or sentence (1) Any person convicted on indictment may appeal to the Court of Appeal or, with the leave of the Supreme Court, to the Supreme Court against— (a)…
Section 383A — Appeal against decision of Court of Appeal on appeal against conviction or sentence
383A Appeal against decision of Court of Appeal on appeal against conviction or sentence (1) With the leave of the Supreme Court, a convicted person may appeal to the Supreme Court against a decision…
Section 384 — Right of appeal against sentence or conviction for contempt of Court
384 Right of appeal against sentence or conviction for contempt of Court (1) This subsection applies to a person— (a) found guilty in the High Court of a criminal contempt of that court or any other…
Section 384A — Jurisdiction in certain cases where appeals lie to different Courts
384A Jurisdiction in certain cases where appeals lie to different Courts (1) This section applies if— (a) a person to whom section 383(1) or (1A) applies also has a right of appeal (a related right…
Section 385 — Determination of appeals in ordinary cases
385 Determination of appeals in ordinary cases (1AA) This subsection applies to— (a) an appeal to the Supreme Court or the Court of Appeal against conviction: (b) an appeal to the Supreme Court…
Section 386 — Powers of appellate courts in special cases
386 Powers of appellate courts in special cases (1) If on any appeal under section 383 of this Act it appears to the Court of Appeal or the Supreme Court that an appellant, though not properly…
Section 387 — Revesting and restitution of property on conviction
387 Revesting and restitution of property on conviction (1) The operation of any order for the restitution of any property to any person made on a conviction on indictment, and the operation, in case…
Section 388 — Time for appealing
388 Time for appealing (1) Where a person convicted desires to appeal to the Court of Appeal against his conviction or sentence, or to obtain the leave of that Court so to appeal, or where the…
Section 389 — Supplemental powers of appellate courts
389 Supplemental powers of appellate courts For the purposes of any appeal or application for leave to appeal against conviction or sentence the Court of Appeal or the Supreme Court may, if it thinks…
Section 390 — Duty of Solicitor-General
390 Duty of Solicitor-General (1) It is the duty of the Solicitor-General to— (a) represent the Crown on every appeal against conviction or sentence; and (b) appear at every hearing involving oral…
Section 391 — Costs of appeal
391 Costs of appeal [Repealed] Section 391 was repealed, as from 1 April 1968, by section 14(2) Costs in Criminal Cases Act 1967 (1967 No 129).
Section 392 — Duties of Registrar with respect to notices of appeal, etc
392 Duties of Registrar with respect to notices of appeal, etc (1) The Registrar of the Court of Appeal or the Registrar of the Supreme Court shall take all necessary steps for obtaining a hearing of…
Section 392A — Decision about mode of hearing
392A Decision about mode of hearing (1) An appeal or application for leave to appeal must be dealt with by way of a hearing involving oral submissions unless the Judge or Court making the decision on…
Section 392B — Hearings on the papers
392B Hearings on the papers (1) This section applies to appeals and applications for leave to appeal that are disposed of by the Court of Appeal by way of a hearing on the papers. (2) The parties to…
Section 393 — Certain powers exercisable by one Judge
393 Certain powers exercisable by one Judge (1) A Judge of the Court of Appeal may exercise, in the same manner as it may be exercised by that court and subject to the same provisions, the power of…