Document ID: chunk:federal_register_of_legislation:C2009A00106:clause:1_23bf
Version: federal_register_of_legislation:C2009A00106
Segment Type: clause
Provision Reference: sch 1 cl 23BF
Character Range: 9843–12456

23BF  Time within which indictments must be filed following committal order

Scope
 (1) This section applies if the accused is committed for trial before the Court for an indictable offence.

General rule—indictments must be filed within 3 months
 (2) An indictment may only include a count that covers the offence if the indictment is filed in the Court as soon as practicable, and in any event within 3 months, after the committal order is made.

Extension—if accused/count separated from earlier indictment
 (3) Subsection (2) does not prevent the inclusion of a count in an indictment if:
 (a) the count contains the same offence, in relation to the accused, as an earlier count from which the accused was separated by an order under subsection 23BC(1); and
 (b) the indictment is filed within 3 months after:
 (i) if the Court accepts a plea of guilty, or a verdict of guilty, in relation to the earlier count and any of the other accused remaining covered by that count—the end of sentencing proceedings relating to that count; or
 (ii) otherwise—the end of the trial of those other accused remaining covered by the earlier count.
 (4) Subsection (2) does not prevent the inclusion of a count in an indictment if:
 (a) the count is the same as another count relating to the accused that was separated from an earlier indictment by an order under subsection 23BE(1); and
 (b) the first‑mentioned indictment is filed within 3 months after:
 (i) if the Court accepts a plea of guilty, or a verdict of guilty, in relation to any of the counts remaining in the earlier indictment—the end of sentencing proceedings relating to those counts; or
 (ii) otherwise—the end of the trial relating to the counts remaining in the earlier indictment.
 (5) The Court may order that subsection (3) or (4) does not apply in relation to an indictment, and may make such other orders about the time within which the indictment must be filed as the Court thinks appropriate in the circumstances.

Extension—by court order
 (6) On application by the prosecutor, the Court may, by order, extend (or further extend) the time by which, under subsection (2), (3), (4) or (5), an indictment is required to be filed.
 (7) The Court may exercise its power under subsection (6) only if the application for the extension (or further extension) is made before the end of the period to be extended (or further extended).

No effect on filing indictments in other courts
 (8) This section does not prevent an indictment of the accused for the indictable offence being filed in another court that has jurisdiction in relation to the offence.