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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Further provisions relating to charges

142: Dealing with charge that fails to disclose range of penalties and previous convictions when required

You could also call this:

"Fixing a charge that doesn't show possible penalties or your past convictions"

Illustration for Criminal Procedure Act 2011

If you are charged with a crime, the charge must tell you what penalties you might face if you are found guilty, and if you have been in trouble before. This information is important, and if it is not included, the charge can be changed before or during the trial, as stated in section 133. You can think of it like fixing a mistake on a form.

If the charge is changed before the trial to include information about your previous convictions, and this changes the type of offence you are charged with, the case will continue as if the charge was always correct, following the rules in section 6(3) and section 134(5) and (6). This means the court will look at the new information and make decisions based on it. The court has to follow the rules to make sure everything is fair.

If the charge is not changed, and you are found guilty, the maximum penalty you can get is the same as if you did not have any previous convictions, which is an important thing to consider when you are in court. This is to make sure you are treated fairly, even if the charge did not have all the right information. You have the right to a fair trial, and the court will make sure that happens.

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Crime and justice > Criminal lawCrime and justice > Courts and legal help
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"Guilty of one version of a crime when a judge decides"

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143: Included offences, or

"Crimes you can also be guilty of when charged with another crime"

Part 5General provisions
Conduct of proceeding: Further provisions relating to charges

142Dealing with charge that fails to disclose range of penalties and previous convictions when required

  1. This section applies if a charge that is required by section 22 to disclose the range of penalties available on conviction, and any relevant previous convictions of the defendant, does not do so.

  2. The charge may be amended before or during the trial in accordance with section 133.

  3. If the charge is amended before the trial to disclose a previous conviction, and the offence becomes a category 2 or 3 offence in accordance with section 6(3),—

  4. the proceeding must otherwise continue as if the defendant were originally charged with the charge as amended; and
    1. section 134(5) and (6) applies as if the charge was amended to substitute one charge for another.

      1. If the charge is not amended, and the defendant is convicted, then the maximum penalty to which the defendant is liable for the offence is the penalty to which he or she would be liable if he or she did not have previous convictions for the same or any other specified offence.

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