10.1 Appendix A: Main changes under the Criminal Procedure Act 2011

IssueCurrent situationChange
Offence categories Complex system of summary and indictable offence categories. Four penalty-based categories of offences.
Trial types Defended hearings or jury trials depending on how prosecutor decides to lay a charge, and in cases where an election is permitted, on the defendant's choice of trial type. Judge-alone trials or jury trials depending on the category of offence, and in cases where an election is permitted, on the defendant's choice of trial type.
Case progression Case progression determined primarily by whether there is to be a jury trial or not – splits as soon as a case enters the system. Case progression streamlined irrespective of whether there is to be a jury trial or not — splits only when a case reaches the trial stage.
Case management Case progression based on court events with often little incentive for parties to progress cases between court appearances, or to comply with procedures. Parties required to exchange information outside of court and to discuss the progress of their case between court appearances. Incentives and sanctions are put in place which require all parties to comply with procedures.
Jury trial threshold Defendant can elect a jury trial if the offence carries a maximum penalty of more than three months imprisonment. Defendant can elect a jury trial if the offence carries a maximum penalty of two or more years imprisonment.
Suppression of names and evidence Broad discretion for granting of suppression. Presumption of open justice starting point for considering suppression. Clearly defined grounds for granting of suppression set out.
Proceeding in the absence of the defendant When the court can continue proceedings in the absence of the defendant is set out in case law. The existing law for proceeding in the absence of the defendant specified in the legislation.
Technology Law requires a paper-based system for managing information in the courts. Law enables use of modern technology, such as electronic filing of charging documents in courts.

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