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Criminal Procedure Act 2011

Commencement of proceedings and preliminary steps - Filing a charging document

20: Charge may be representative

You could also call this:

"A 'representative charge' means one charge can cover many similar offences that happened over time."

Illustration for Criminal Procedure Act 2011

A charge can be representative if you are alleged to have done many offences of the same type. You are also alleged to have done these offences in similar circumstances over a period of time. The nature and circumstances of the offences must be such that the person making the complaint cannot reasonably be expected to give specific dates or details of the offences.

A charge can also be representative if you are alleged to have done many offences of the same type and in similar circumstances. This means it is likely you would give the same response to all the offences if they were charged separately. If the offences were charged separately but tried together, it would be too hard for the court to manage all the separate charges.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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19: Charge may be worded in alternative, or

"A charge can say you did one thing or another if that's what the law allows."

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21: Court may amend or divide alternative or representative charge, or

"The court can change or split charges to make things fair"

Part 2Commencement of proceedings and preliminary steps
Filing a charging document

20Charge may be representative

  1. A charge may be representative if—

  2. multiple offences of the same type are alleged; and
    1. the offences are alleged to have been committed in similar circumstances over a period of time; and
      1. the nature and circumstances of the offences are such that the complainant cannot reasonably be expected to particularise dates or other details of the offences.

        1. A charge may also be representative if—

        2. multiple offences of the same type are alleged; and
          1. the offences are alleged to have been committed in similar circumstances such that it is likely that the same plea would be entered by the defendant in relation to all the offences if they were charged separately; and
            1. because of the number of offences alleged, if the offences were to be charged separately but tried together it would be unduly difficult for the court (including, in any jury trial, the jury) to manage the separate charges.