Chapter 3
The existing court process for sexual violence cases

Categorisation of offences involving sexual violence

3.7Under the CPA 2011, criminal offences are categorised by seriousness from 1 to 4. The category into which an offence falls determines how it is to be case-managed and tried and whether the defendant is entitled to be tried by jury. Offences in category 1 are lower-level offences generally not punishable by imprisonment. Offences in category 2 are generally punishable by less than two years’ imprisonment. Category 3 offences are those generally punishable by two years’ imprisonment or more but that are not category 4 offences, and category 4 offences are those listed in schedule 1 to the Act.134

3.8Most sexual violence offences fall into category 3. There are no sexual violence offences that fall into category 4.

134Criminal Procedure Act 2011, sch 1. It includes such offences as murder, manslaughter, infanticide, dealing in slaves, treason, espionage, sabotage, piracy and judicial corruption.