Victoria act

Criminal Procedure Act 2009

In ForceVIC

Jurisdiction

Victoria

Collection

act

Plain English Summary

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Modernises and consolidates criminal procedure in Victoria: it sets how prosecutions start (charge‑sheets, notices), introduces a ‘notice to appear’ process and new pre‑trial disclosure and case‑management steps, clarifies when matters are dealt with summarily, and reforms appeals and sentencing rules. It affects accused people, informants (police/DPP), courts and lawyers by reallocating administrative and disclosure duties, imposing service/time limits, and expanding judicial case‑management and appeal powers.

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What it does

The Criminal Procedure Act 2009 (the Act) consolidates, clarifies and simplifies the law governing criminal procedure in Victoria's Magistrates' Court, County Court and Supreme Court. It provides a single statutory framework for how criminal proceedings are commenced, managed, heard and determined across the summary and indictable streams. The Act replaces the former patchwork of procedures under the Crimes Act 1958, the Magistrates' Court Act 1989 and the now-repealed Crimes (Criminal Trials) Act 1999.

The Act serves several interconnected purposes, as set out in s 1. It introduces a new notice to appear procedure in the Magistrates' Court (s 21 to s 26). It establishes comprehensive pre-trial disclosure obligations for the prosecution in both summary and indictable matters, including the requirement for preliminary briefs, full briefs and hand-up briefs. The Act creates the procedural architecture for committal proceedings, including filing hearings, committal mention hearings and committal hearings, culminating in committal for trial or summary determination. It regulates trial on indictment, including pre-trial directions hearings, disclosure obligations, sentence indications, arraignment, the conduct of the trial itself and alternative verdicts. The Act establishes the appellate framework for appeals from the Magistrates' Court to the County Court, appeals on questions of law to the Supreme Court and appeals to the Court of Appeal from trials on indictment. It also codifies exceptions to the double jeopardy rule in Chapter 7A, permitting retrial in cases of tainted acquittals, fresh and compelling evidence in serious offences, and administration of justice offences.

The Act does not create substantive criminal offences. It is procedural law, governing the machinery by which offences created by other enactments are prosecuted and defended.

Current sections

Direct links to the current provisions in Criminal Procedure Act 2009.

561

459

Transitional provisions—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 446

459 Transitional provisions—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022 446

460 Transitional provision—Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022—dual commission holders 447

461 Transitional provision—Justice Legislation Amendment (Trial by Judge Alone and Other Matters) Act 2022 447

462 Transitional provision—Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022 449

463 Transitional provision—Justice Legislation Amendment (Committals) Act 2025 450

Schedules 452

Schedule 1––Charges on a charge-sheet or indictment 452

Schedule 2––Indictable offences that may be heard and determined summarily 461

Schedule 3––Persons who may witness statements in preliminary brief, full brief or hand-up brief 474

Schedule 4––Savings and transitional provisions 480

Sch 5

Transitional provisions relating to the Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017 489

Schedule 5—Transitional provisions relating to the Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017 489

Endnotes 490

1 General information 490

2 Table of Amendments 492

3 Explanatory details 506

Version No. 111

Criminal Procedure Act 2009

No. 7 of 2009

Version incorporating amendments as at

The Parliament of Victoria enacts:

Part 1

Preliminary

Chapter 1—Preliminary

Purposes

1 Purposes

The purposes of this Act are—

(a) to clarify, simplify and consolidate the laws relating to criminal procedure in the Magistrates' Court, the County Court and the Supreme Court;

(b) to introduce a new procedure permitting the service of a notice to appear in the Magistrates' Court;

(d) to provide for a 6-month time limit for the filing of charges for summary offences in the Children's Court;

(e) to provide for the transfer to the County Court or Supreme Court of summary offences related to an offence to be tried on indictment by the relevant court;

(f) to abolish the procedure of indictment by grand jury;

(g) to provide for interlocutory appeals in criminal proceedings in the County Court and the Supreme Court;

(h) to clarify the tests relating to determination of appeals by the Court of Appeal;

(i) to provide for the stay of sentences on appeal;

(j) to amend the Sentencing Act 1991 to provide for a maximum fine that may be imposed for an indictable offence that is heard and determined summarily;

(k) to amend the Crimes Act 1958, the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997, the Magistrates' Court Act 1989, the Children, Youth and Families Act 2005 and the Appeal Costs Act 1998;

(l) to repeal the Crimes (Criminal Trials) Act 1999;

(m) to make consequential and other amendments.

Commencement

2 Commencement

(1) This Chapter comes into operation on the day after the day on which this Act receives the Royal Assent.

S. 2(2) amended by No. 68/2009 s. 51(a), repealed by No. 30/2010 s. 56.

(3) Subject to subsection (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(4) If a provision referred to in subsection (3) does not come into operation before 1 January 2011, it comes into operation on that day.

Definitions

3 Definitions

In this Act—

S. 3 def. of accused amended by No. 68/2009 s. 51(b)(i).

accused means a person who—

(a) is charged with an offence; or

(b) is directed under section 415 to be tried for perjury;

appeal includes application for leave to appeal;

appeal period means the period permitted by or under this Act or any other Act for commencing an appeal under Part 6.3 or, if a notice of appeal or notice of application for leave to appeal under Part 6.3 is filed within that period, the determination of the appeal;

appear, in relation to a party, has the meaning given in section 328;

appellant includes an applicant for leave to appeal;

appropriate registrar means—

(a) the registrar at the venue of the Magistrates' Court referred to in section 11; or

(b) if an order is made under section 31, the registrar at the venue of the Magistrates' Court at which the hearing is to be held;

arraignment has the meaning given in section 215(1);

S. 3 def. of attend amended by No. 69/2009 s. 54(Sch. Pt 2 item 18.1), substituted by No. 38/2016 s. 9(1), amended by No. 11/2021 s. 44.

attend, in relation to a person, means*—*

(a) be physically present in court; or

(b) if authorised or required to do so under Division 2 or 3 of Part IIA of the Evidence (Miscellaneous Provisions) Act 1958, appear or be brought before the court by audio visual link or audio link;

S. 3 def. of Category A serious youth offence inserted by No. 43/2017 s. 25, amended by Nos 32/2018 s. 132, 16/2020 s. 17.

Category A serious youth offence means any of the following offences—

(a) murder;

(b) attempted murder;

(d) child homicide;

(da) homicide by firearm;

(e) an offence against any of the following sections of the Crimes Act 1958—

(i) section 15A (intentionally causing serious injury in circumstances of gross violence);

(ii) section 77B (aggravated home invasion);

(iii) section 79A (aggravated carjacking);

(iv) section 197A (arson causing death);

(v) section 318 (culpable driving causing death);

(f) an offence against any one of the following—

(i) section 4B of the Terrorism (Community Protection) Act 2003;

(ii) a provision of Subdivision A of Division 72 of Chapter 4 of the Criminal Code of the Commonwealth;

(iii) a provision of Part 5.3 or 5.5 of the Criminal Code of the Commonwealth;

(iv) a provision of the Crimes (Foreign Incursions and Recruitment) Act 1978 of the Commonwealth as in force before its repeal;

S. 3 def. of Category B serious youth offence inserted by No. 43/2017 s. 25.

Category B serious youth offence means an offence against any of the following sections the Crimes Act 1958—

(a) section 15B (recklessly causing serious injury in circumstances of gross violence);

(b) section 38 (rape);

(d) section 77A (home invasion);

(e) section 79 (carjacking);

S. 3 def. of child inserted by No. 5/2018 s. 11(1).

child means a person under the age of 18 years;

S. 3 def. of child pornography inserted by No. 42/2015 s. 12, substituted as child abuse material by No. 47/2016 s. 37(1)(a).

child abuse material has the same meaning as in section 51A of the Crimes Act 1958;

cognitive impairment includes impairment because of mental illness, intellectual disability, dementia or brain injury;

commencement of trial, in relation to the Supreme Court or the County Court, has the meaning given in section 210;

compulsory examination hearing means a hearing under section 106;

contest mention hearing means a hearing under section 55;

S. 3 def. of conviction amended by No. 68/2009 s. 3(a).

conviction, in Chapter 6, includes a finding of guilt by a court, whether or not a conviction is recorded;

corporate accused means an accused that is a body corporate;

S. 3 def. of criminal record amended by No. 81/2011 s. 3(1).

criminal record, in relation to a person, means a document that—

(a) sets out all previous convictions and infringement convictions of the person alleged by the prosecution; and

(b) complies with section 77 or 244, as the case requires;

Crown Prosecutor means the Chief Crown Prosecutor, a Senior Crown Prosecutor or a Crown Prosecutor appointed under the Public Prosecutions Act 1994;

depositions means the transcript of evidence given in a committal proceeding and any statements admitted in evidence in a committal proceeding in accordance with Chapter 4;

S. 3 def. of direct indictment substituted by No. 30/2010 s. 57, amended by No. 81/2011 s. 3(2).

direct indictment means an indictment filed against an accused—

(a) who has not been committed for trial in respect of the offence charged in the indictment or a related offence; or

(b) whose prosecution for the offence charged in the indictment or a related offence—

(i) was discontinued under section 177; or

(ii) was the subject of a nolle prosequi; or

(iii) resulted in an acquittal within the meaning of Chapter 7A and the prosecution of the offence charged in the indictment may only proceed if the Court of Appeal gives authorisation under section 327O;

S. 3 def. of disclosure certificate inserted by No. 1/2022 s. 3.

disclosure certificate means a disclosure certificate described in section 41A or 110A (as the case requires);

DPP means the Director of Public Prosecutions for Victoria;

S. 3 def. of evidence in support of alibi inserted by No. 68/2009 s. 3(d).

evidence in support of alibi means evidence tending to show that by reason of the presence of the accused at a particular place or in a particular area at a particular time the accused was not, or was unlikely to have been, at the place where the offence is alleged to have been committed at the time of its alleged commission;

S. 3 def. of family violence offence inserted by No. 5/2025 s. 38.

family violence offence means, except in Division 7B of Part 8.2, an offence where the conduct constituting the offence consists of family violence within the meaning of the Family Violence Protection Act 2008;

filing hearing means a hearing referred to in section 101;

full brief means a full brief described in section 41;

S. 3 def. of ground rules hearing inserted by No. 5/2018 s. 26, substituted by No. 38/2022 s. 68.

ground rules hearing has the meaning given by section 389AB;

hand-up brief means a hand-up brief described in section 110;

S. 3 def. of
in detention amended by Nos 26/2014 s. 455(Sch. item 8.1), 19/2019 s. 258(a), 39/2022 s. 820(a).

in detention means—

(a) in a prison in the legal custody of the Secretary to the Department of Justice; or

(b) in custody in a police gaol in the legal custody of the Chief Commissioner of Police; or

(c) detained in a designated mental health service within the meaning of the Mental Health and Wellbeing Act 2022 in the legal custody of the authorised psychiatrist for the designated mental health service; or

(d) in custody in a remand centre, youth residential centre or youth justice centre within the meaning of the Children, Youth and Families Act 2005 in the legal custody of the Secretary to the Department of Human Services; or

(e) in custody in a residential treatment facility within the meaning of the Disability Act 2006 in the legal custody of the Secretary to the Department of Human Services;

indictable offence that may be heard and determined summarily means an offence to which section 28(1) applies;

informant means a person who commences a criminal proceeding in the Magistrates' Court;

S. 3 def. of infringement conviction inserted by No. 81/2011 s. 3(3), amended by Nos 47/2014 s. 256(a), 41/2019 s. 117(Sch. 1 item 2.1).

infringement conviction means an infringement notice that has taken effect as a conviction of the offence specified in the notice;

An offence where an infringement notice may take effect as a conviction includes an infringement offence to which any of the following provisions apply—

• sections 89A to 89D of the Road Safety Act 1986; or

• sections 61A and 61BA of the Marine (Drug, Alcohol and Pollution Control) Act 1988.

S. 3 def. of infringements registrar repealed by No. 47/2014 s. 256(b).

interlocutory appeal means an appeal under Division 4 of Part 6.3;

S. 3 def. of interlocutory decision amended by Nos 87/2009 s. 6, 32/2024 s. 811(2).

interlocutory decision means a decision made by a judge in a proceeding referred to in section 295(1), whether before or during the trial, including—

(a) a decision to grant or refuse to grant a permanent stay of the proceeding; or

(b) a decision made at a pre-trial hearing that the presumption against criminal responsibility has been rebutted;;

S. 3 def. of intermediary inserted by No. 5/2018 s. 26.

intermediary means a person appointed under section 389J;

S. 3 def. of intimate image offence inserted by No. 38/2022 s. 23.

intimate image offence has the same meaning as in section 53O(1) of the Crimes Act 1958;

Juries Commissioner has the same meaning as in the Juries Act 2000;

S. 3 def. of legal practitioner amended by No. 17/2014 s. 160(Sch. 2 item 30.1).

legal practitioner means—

(a) an Australian legal practitioner; or

(b) a government lawyer within the meaning of the Legal Profession Uniform Law (Victoria);

mention hearing means a hearing referred to in section 53;

S. 3 def. of non‑
disclosure order inserted by No. 1/2022 s. 8.

non-disclosure order means an order of a kind described in section 416A(3);

S. 3 def. of notice to appear inserted by No. 68/2009 s. 3(d).

notice to appear means a notice served under section 21;

S. 3 def. of ordinary service amended by No. 68/2009 s. 51(b)(ii).

ordinary service means service in accordance with section 394;

S. 3 def. of original jurisdiction amended by Nos 65/2011 s. 107(Sch. item 4.1), 57/2017 s. 47, 27/2018 s. 357.

original jurisdiction includes—

(a) a proceeding for an indictable offence; and

(b) a proceeding for a related summary offence heard under section 242; and

(d) a proceeding for contempt of court; and

(e) a proceeding for variation or contravention of a sentencing order under the Sentencing Act 1991; and

(f) a proceeding for a related offence that is a summary offence heard under section 176 of the Serious Offenders Act 2018;

originating court means the County Court in its original jurisdiction or the Trial Division of the Supreme Court in its original jurisdiction;

S. 3 def. of personal service amended by No. 68/2009 s. 51(b)(iii).

personal service means service in accordance with section 391;

plea brief means a plea brief described in section 117;

police gaol has the same meaning as in the Corrections Act 1986;

S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 41.1).

police officer has the same meaning as in the Victoria Police Act 2013;

preliminary brief means a preliminary brief described in section 37;

S. 3 def. of presumption against criminal responsibility inserted by No. 32/2024 s. 811(1).

presumption against criminal responsibility means the presumption set out in section 11 of the Youth Justice Act 2024;

S. 3 def. of previous conviction amended by No. 3/2016 s. 60.

previous conviction means a prior conviction or finding of guilt by a court (whether in or out of Victoria) but does not include—

(a) a conviction or finding of guilt set aside by the Magistrates' Court under section 92; or

(b) a conviction or finding of guilt set aside by the County Court or the Supreme Court, as the case requires, under section 256; or

(d) a conviction or finding of guilt by a children's court (whether in or out of Victoria) made more than 10 years before the hearing at which it is sought to be proved;

prison has the same meaning as in the Corrections Act 1986;

S. 3 def. of prison officer repealed by No. 68/2009 s. 3(b).

S. 3 def. of proceeding amended by No. 47/2014 s. 256(c).

proceeding, in relation to the Magistrates' Court, includes a committal proceeding but does not include the exercise by a registrar of the Magistrates' Court of any jurisdiction, power or authority vested in the registrar under the Fines Reform Act 2014;

S. 3 def. of protective services officer inserted by No. 37/2014 s. 10(Sch. item 41.1).

protective services officer has the same meaning as in the Victoria Police Act 2013;

S. 3 def. of public official amended by Nos 30/2010 s. 77(1), 9/2020 s. 390(Sch. 1 item 20.1).

public official means—

(a) a public official within the meaning of the Public Administration Act 2004; or

(b) a person employed by, or the holder of an office in, or on the governing body of a Council within the meaning of the Local Government Act 2020; or

(c) in the case of a charge for an offence referred to in section 24ZW(1) of the Prevention of Cruelty to Animals Act 1986, a full-time officer of the Royal Society for the Prevention of Cruelty to Animals authorised under section 24ZW(1)(b) of that Act;

S. 3 def. of publish inserted by No. 32/2024 s. 811(1).

publish means disseminate or provide access to the public or a section of the public by any means, including by—

(a) publication in a book, newspaper, magazine or other written publication; or

(b) broadcast by radio or television; or

(d) broadcast or electronic communication;

S. 3 def. of record of reasons inserted by No. 32/2024 s. 811(1).

record of reasons means a record of reasons prepared for the purposes of section 12(3) of the Youth Justice Act 2024;

S. 3 def. of reference determination inserted by No. 44/2019 s. 33.

reference determination means a determination made by the Trial Division of the Supreme Court or the County Court (as the case requires) on a referral under section 319A(2);

related offences means offences that are founded on the same facts or form, or are part of, a series of offences of the same or a similar character;

S. 3 def. of related summary offence substituted by No. 38/2022 s. 75.

related summary offence means a summary offence the proceedings for which are transferred from—

(a) the Magistrates' Court to the Supreme Court or the County Court under section 145; or

(b) the Supreme Court to the County Court under section 241A(1); or

S. 3 def. of responsible person amended by Nos 26/2014 s. 455(Sch. item 8.2), 19/2019 s. 258(b), 39/2022 s. 820(b).

responsible person, in relation to a person in detention, means—

(a) in the case of a prison, the officer in charge of the prison;

(b) in the case of a police gaol, the Chief Commissioner of Police;

(c) in the case of a designated mental health service within the meaning of the Mental Health and Wellbeing Act 2022, the authorised psychiatrist for the designated mental health service;

(d) in the case of a remand centre, youth residential centre or youth justice centre within the meaning of the Children, Youth and Families Act 2005, the Secretary to the Department of Human Services;

(e) in the case of a residential treatment facility within the meaning of the Disability Act 2006, the Secretary to the Department of Human Services;

return date, in relation to a criminal proceeding in the Magistrates' Court, means the first date on which the proceeding is listed before the court;

S. 3 def. of sentence amended by Nos 68/2009 s. 3(c), 65/2011 s. 107(Sch. item 4.2), 26/2012 s. 73, 25/2017 s. 56.

sentence includes—

(a) the recording of a conviction; and

(b) an order made under Part 3, 3A, 3B, 3BA, 3C, 3D, 4 or 5 of the Sentencing Act 1991, other than an order incidental to or preparatory to the making of the order; and

(d) an order made under section 84S or 84T of the Road Safety Act 1986; and

(e) an order made under section 365, 367, 373, 380 or 387 of the Children, Youth and Families Act 2005 made by the Supreme Court in its original jurisdiction or the County Court in its original jurisdiction;

Section 586 of the Children, Youth and Families Act 2005 gives the Supreme Court and the County Court, when sentencing a child for an indictable offence, power to impose any sentence which the Children's Court may impose.

S. 3 def. of sexual offence amended by No. 47/2016 s. 37(1)(b), substituted by No. 5/2018 s. 11(2).

sexual offence has the meaning given by section 4;

S. 3 def. of special hearing inserted by No. 68/2009 s. 3(d).

special hearing means a hearing conducted under section 370;

summary case conference means a conference referred to in section 54;

summary hearing means a hearing conducted in accordance with Part 3.3;

S. 3 def. of total effective sentence inserted by No. 48/2012 s. 4.

total effective sentence means the product of individual sentences and orders for cumulation or concurrency of those sentences imposed on a person on the same occasion;

S. 3 def. of traffic camera offence inserted by No. 55/2014 s. 112, amended by Nos 8/2019 s. 91, 18/2020 s. 125.

traffic camera offence means—

(a) an offence under the Road Safety Act 1986 or regulations or rules under that Act that is detected by a road safety camera, a speed detector or a process prescribed for the purposes of that Act; or

(b) an offence under the Melbourne City Link Act 1995 that is detected by a tolling device or a process prescribed for the purposes of Part 4 of that Act; or

(c) an offence under the EastLink Project Act 2004 that is detected by a tolling device or a process prescribed for the purposes of Part 9 of that Act; or

(d) an offence under the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 that is detected by a tolling device or process prescribed for the purposes of Part 3 of that Act; or

(e) an offence under the North East Link Act 2020 that is detected by a tolling device or process prescribed for the purposes of Part 4 of that Act;

trial judge means the judge of the Trial Division of the Supreme Court or the judge of the County Court before whom an accused is tried;

Victoria Legal Aid means Victoria Legal Aid established under section 3 of the Legal Aid Act 1978;

youth justice centre means a youth justice centre established under section 478 of the Children, Youth and Families Act 2005.

S. 4 (Heading) amended by No. 22/2020 s. 10.

S. 4 substituted by No. 5/2018 s. 12.

Meaning of sexual offence

4 Meaning of *sexual offence*

(1) In this Act, sexual offence means any of the following offences (other than an offence excluded by subsection (2))—

(a) an offence against—

S. 4(1)(a)(i) amended by No. 7/2022 s. 67(1)(a).

(i) a provision of Subdivision (8A), (8B), (8C), (8D), (8E), (8F), (8FAA) (except section 53N) or (8FA) of Division 1 of Part I of the Crimes Act 1958; or

(ii) section 327(2) (failure to disclose a sexual offence committed against a child under the age of 16 years) of the Crimes Act 1958; or

S. 4(1)(a)(iii) amended by No. 7/2022 s. 67(1)(b).

(iii) section 5(1), 6(1), 7(1), 8(1), 9(1) or 11(1) of the Sex Work Act 1994 despite its repeal by the Sex Work Decriminalisation Act 2022;

S. 4(1)(ab) inserted by No. 38/2022 s. 24.

(ab) an intimate image offence;

(b) an offence an element of which involves—

(i) any person engaging in sexual activity; or

(ii) any person taking part in a sexual act; or

(iii) commercial sexual services; or

(iv) a sexual performance involving a child;

(i) an intention that any of the conduct referred to in paragraph (b) is to occur; or

(ii) soliciting, procuring, enabling or threatening any of the conduct referred to in paragraph (b); or

(iii) inducing or knowingly allowing a child to enter or remain on premises so that any of the conduct referred to in paragraph (b) may occur;

(d) an offence an element of which involves child abuse material;

(e) an offence an element of which involves indecency;

(f) an offence of attempting to commit, or of incitement or conspiracy to commit, an offence referred to in paragraph (a), (b), (c), (d) or (e);

(g) an offence against section 49C(2) (failure by person in authority to protect child from sexual offence) of the Crimes Act 1958 as in force before the commencement of section 16 of the Crimes Amendment (Sexual Offences) Act 2016.

S. 4(2) amended by No. 7/2022 s. 67(2).

(2) An offence against a provision of the Sex Work Act 1994, despite its repeal by the Sex Work Decriminalisation Act 2022, that is not referred to in subsection (1)(a)(iii) is not a sexual offence.

(3) In determining whether an offence at common law is a sexual offence, it does not matter that the offence has since been abolished.

(4) In determining whether an offence against an enactment is a sexual offence, it does not matter that the enactment has since been repealed.

(5) In determining whether an offence is a sexual offence, it does not matter that the offence is described in this section—

(a) differently from how it is described in the enactment or common law that establishes the offence; or

(b) by reference to an enactment that was not in operation on the date on which the offence is alleged to have been committed.

Subdivision (13) of Division 1 of Part I of the Crimes Act 1958 previously included offences involving child pornography. That Subdivision has been repealed and replaced by new offences that refer to child abuse material rather than child pornography. Child pornography was defined to include material of a certain kind, and child abuse material is now defined as also including material of that kind. An offence against a provision of repealed Subdivision (13) is therefore a sexual offence under subsection (1)(d).

(6) In this section—

S. 4(6) def. of commercial sexual services amended by No. 7/2022 s. 67(3).

commercial sexual services has the meaning given by section 35(1) of the Crimes Act 1958;

sexual, in relation to an activity, has the meaning given by section 35D of the Crimes Act 1958;

sexual performance has the meaning given by section 49Q(3) of the Crimes Act 1958;

taking part in a sexual act has the meaning given by section 35C of the Crimes Act 1958.

Chapter 2—Commencing a criminal proceeding

Part 2.1—Ways in which a criminal proceeding is commenced

5 How a criminal proceeding is commenced

A criminal proceeding is commenced by—

(a) filing or signing a charge-sheet in accordance with section 6; or

(b) filing a direct indictment in accordance with section 159; or

S. 5(c) amended by No. 68/2009 s. 51(c).

Note to s. 5 inserted by No. 48/2012 s. 10.

A proceeding may also be commenced under section 83AL of the Sentencing Act 1991.

Part 2

2—Charge-sheet and listing of matter

Part 2.2—Charge-sheet and listing of matter

Commencement of a criminal proceeding in the Magistrates' Court

6 Commencement of a criminal proceeding in the Magistrates' Court

(1) A criminal proceeding is commenced—

S. 6(1)(a) amended by No. 20/2025 s. 5.

(a) by filing a charge-sheet containing a charge in the Magistrates' Court; or

(b) if the accused is arrested without a warrant and is released on bail, by filing a charge-sheet containing a charge with a bail justice; or

Note to s. 6(1) substituted as Notes by No. 32/2024 s. 812.

1 A criminal proceeding against a child is commenced in the same manner in the Children's Court: section 528 of the Children, Youth and Families Act 2005.

2 In the case of a criminal proceeding for an alleged offence by a child who was 12 or 13 years of age at the time of the alleged commission of the offence, a record of reasons must be filed with the charge-sheet.

S. 6(2) amended by No. 31/2024 s. 9.

(2) If a charge-sheet is filed in accordance with the method prescribed by the rules of court for electronic filing, the requirements of section 8(1) of the Electronic Transactions (Victoria) Act 2000 are taken to have been met.

(3) A charge-sheet must—

(a) be in writing; and

(b) be signed by the informant personally; and

Section 18 requires an informant to nominate an address for service of documents and other details. That information may be included on a charge-sheet.

(4) The informant may include a request for a committal proceeding in a charge-sheet containing a charge for an indictable offence that may be heard and determined summarily.

Time limits for filing a charge-sheet

7 Time limits for filing a charge-sheet

(1) A proceeding for a summary offence must be commenced within 12 months after the date on which the offence is alleged to have been committed except where—

(a) otherwise provided by or under any other Act; or

(b) the accused gives written consent, and the DPP or a Crown Prosecutor consent, to the proceeding being commenced after the expiry of that period.

See Part 5.1A of Chapter 5 of the Children, Youth and Families Act 2005 for a shorter time limit in relation to children.

(2) A proceeding for an indictable offence—

(a) may be commenced at any time, except where otherwise provided by or under this or any other Act; and

(b) may be heard and determined summarily even though the proceeding may have been commenced more than 12 months after the date on which the offence is alleged to have been committed.

S. 7A inserted by No. 74/2014 s. 10.

Time limits on prosecuting certain former sexual offences removed

7A Time limits on prosecuting certain former sexual offences removed

(1) Any immunity from prosecution arising because of the time limit imposed by the following repealed provisions on commencing a proceeding for an offence is abolished—

(a) section 47 of the Crimes Act 1928;

(b) section 51 of the Crimes Act 1957;

(d) section 48(6) of the Crimes Act 1958 (inserted by section 5 of the Crimes (Sexual Offences) Act 1980 and repealed by section 3 of the Crimes (Sexual Offences) Act 1991);

(e) section 49(6) of the Crimes Act 1958 (inserted by section 5 of the Crimes (Sexual Offences) Act 1980 and repealed by section 3 of the Crimes (Sexual Offences) Act 1991).

S. 7A(2) amended by No. 14/2015 s. 80.

(2) Subsection (1) does not apply to an offence if the conduct constituting it would not constitute an offence under the law of Victoria immediately before the day after the day on which the Jury Directions Act 2015 receives the Royal Assent.

(3) Without limiting any other defence available to a person charged, because of subsection (1), with an offence of a kind described in column 1 of the Table in this subsection, the person may rely on a defence described in column 2 of that Table in relation to that offence.

Table

| Column 1 | Column 2 | | An offence against a child under the age of 16 | A defence that would be available under section 45(4) of the Crimes Act 1958 if the person were charged with an offence under section 45(1) of that Act | | An offence against a 16 or 17 year old child | A defence that would be available under section 48(2) of the Crimes Act 1958 if the person were charged with an offence under section 48(1) of that Act |

S. 7B inserted by No. 38/2022 s. 60.

Uncertainty about time when sexual offence occurred

7B Uncertainty about time when sexual offence occurred

(a) conduct is alleged to have occurred at some time during a period; and

(b) the conduct, if proven, would constitute a sexual offence at all times during that period; and

(d) because of a change in the law during that period, the conduct, if proven, would constitute one sexual offence before the change and a different sexual offence after the change.

(2) A person may be charged with—

(a) whichever of those sexual offences has the lowest maximum penalty; or

(b) if both of the sexual offences have the same maximum penalty, the offence that the conduct, if proven, would have constituted before the change.

(3) The means by which an offence may be charged in accordance with subsection (2) include—

(a) including a charge for that offence in a fresh indictment within the meaning of section 164; or

(b) amending an indictment under section 165 so that it includes a charge for that offence.

(4) For the purposes of a proceeding that relates (wholly or partly) to an offence that is charged in accordance with subsection (2), the offence charged is taken to have been in force when the conduct allegedly occurred.

(5) In any such proceeding, any requirement to prove that the complainant was of a particular age is satisfied if the prosecution proves that the complainant was of that age at some time during the period.

Order for amendment of charge-sheet

8 Order for amendment of charge-sheet

(1) The Magistrates' Court at any time may order that a charge-sheet be amended in any manner that the court thinks necessary, unless the required amendment cannot be made without injustice to the accused.

(2) If a charge-sheet is amended by order under this section, the charge-sheet is to be treated as having been filed in the amended form for the purposes of the hearing and all proceedings connected with the hearing.

(3) An amendment of a charge-sheet that has the effect of charging a new offence cannot be made after the expiry of the period, if any, within which a proceeding for the offence may be commenced.

(4) If a limitation period applies to the offence charged in the charge-sheet, the charge-sheet may be amended after the expiry of the limitation period if—

(a) the charge-sheet before the amendment sufficiently disclosed the nature of the offence; and

(b) the amendment does not amount to the commencement of a proceeding for a new offence; and

Errors etc. in charge-sheet

9 Errors etc. in charge-sheet

(1) A charge-sheet is not invalid by reason only of a failure to comply with Schedule 1.

(2) A charge on a charge-sheet is not invalid by reason only of—

(a) omitting to state the time at which the offence was committed unless time is an essential element of the offence; or

(b) incorrectly stating the time at which the offence was committed; or

Listing of matter for mention hearing or filing hearing in the Magistrates' Court

10 Listing of matter for mention hearing or filing hearing in the Magistrates' Court

(1) If a charge-sheet contains a charge for a summary offence, the proceeding must be listed for a mention hearing.

(2) Subject to subsection (3), if a charge-sheet contains a charge for an indictable offence that may be heard and determined summarily, the proceeding may be listed for a mention hearing or a filing hearing, having regard to any request for a committal proceeding included on the charge-sheet.

(3) If a notice to appear is served under section 21 and a charge-sheet is filed in accordance with section 22, the proceeding must be listed for a mention hearing on the date specified in the notice to appear.

(4) Despite subsections (1) and (2), if a charge-sheet contains a charge for an indictable offence that is not an indictable offence that may be heard and determined summarily, the proceeding must be listed for a filing hearing.

1 A mention hearing is the first hearing for a charge that will be heard and determined summarily.

2 A filing hearing is the first stage in a committal proceeding under Chapter 4.

3 Section 28(1) sets out the indictable offences that may be heard and determined summarily.

11 Place of hearing

(1) A criminal proceeding in the Magistrates' Court is to be heard at the venue of the court that is nearest to—

(a) the place where the offence is alleged to have been committed; or

(b) the place of residence of the accused—

except where otherwise provided by this or any other Act or by a nomination under subsection (2).

Note to s. 11(1) amended by No. 33/2018 ss 38, 46.

Part 2 of the Magistrates' Court Act 1989 sets out the special requirements for matters that may be heard in the various Divisions of the Magistrates' Court: the Drug Court Division, the Koori Court Division, the Specialist Family Violence Court Division and the Neighbourhood Justice Division.

(2) The Chief Magistrate may from time to time, by notice published in the Government Gazette, nominate a venue of the Magistrates' Court as a venue for the hearing of a specified criminal proceeding or a specified class of criminal proceeding.

(3) A criminal proceeding in the Magistrates' Court is not invalid only because it was conducted at a venue of the court other than the venue referred to in subsection (1) or nominated under subsection (2).

Part 2.3—Notifying accused of court appearance

Division 1—Summons or warrant to arrest

12 Court may issue summons or warrant to arrest

(1) On the filing of a charge-sheet under section 6, an application may be made to a registrar of the Magistrates' Court for the issue of—

(a) a summons to answer to the charge directed to the accused; or

(b) a warrant to arrest in order to compel the attendance of the accused—

unless a notice to appear has been served on the accused under Division 2.

Note to s. 12(1) inserted by No. 1/2016 s. 22(2).

There is a presumption in favour of proceeding by summons if an accused is a child—see section 345 of the Children, Youth and Families Act 2005.

(2) An application under subsection (1)(b) must be made by the informant personally but an application under subsection (1)(a) may be made by the informant or a person on behalf of the informant.

S. 12(3) amended by No. 20/2025 s. 6.

(3) An application under subsection (1) may be made by the applicant in person, by post, by electronic communication or otherwise in accordance with the manner prescribed by the rules of court.

(4) On an application under subsection (1), the registrar must, if satisfied that the charge discloses an offence known to law, issue—

(a) a summons to answer to the charge; or

(b) subject to subsection (5), a warrant to arrest.

S. 12(5) amended by No. 6/2018 s. 68(Sch. 2 item 38.1).

(5) A registrar of the Magistrates' Court must not issue in the first instance a warrant to arrest unless satisfied by sworn or affirmed evidence, whether oral or by affidavit, that—

(a) it is probable that the accused will not answer a summons; or

(b) the accused has absconded, is likely to abscond or is avoiding service of a summons that has been issued; or

1 If an accused fails to appear in answer to a summons, sections 80 and 81 provide for the issue of a warrant to arrest the accused. Section 330 provides for the issue of a warrant to arrest a person who has been remanded in custody or granted bail to attend a hearing but fails to attend.

2 Section 29 of the Magistrates' Court Act 1989 enables a magistrate to exercise the powers of a registrar to issue a summons or warrant.

S. 13 amended by No. 68/2009 s. 4(a).

Summons or warrant to be accompanied by charge‑sheet and notice when served

13 Summons or warrant to be accompanied by charge‑sheet and notice when served

A summons to answer to a charge issued under section 12 or 14 or a warrant to arrest issued under section 12, on service or execution on the accused, must be accompanied by—

(a) a copy of the charge-sheet; and

S. 13(ab) inserted by No. 32/2024 s. 813.

(ab) in the case of a charge for an offence against a child who was 12 or 13 years of age at the time of the alleged commission of the offence, a copy of the record of reasons for the charge; and

(b) a notice, in the form prescribed by the rules of court, containing—

S. 13(b)(i) substituted by No. 68/2009 s. 4(b).

(i) if the charge is for an indictable offence that may not be heard and determined summarily or the charge-sheet contains a request for a committal proceeding, a summary of Part 4.4; and

S. 13(b)(ii) inserted by No. 68/2009 s. 4(b).

(ii) if the charge is for any other indictable offence or a summary offence, a summary of Division 2 of Part 3.2; and

S. 13(b)(ii) renumbered as s. 13(b)(iii) by No. 68/2009 s. 4(c).

(iii) advice that the accused should seek legal advice and that the accused has the right, if eligible, to legal aid under the Legal Aid Act 1978; and

S. 13(b)(iii) renumbered as s. 13(b)(iv) by No. 68/2009 s. 4(d).

(iv) details of how to contact Victoria Legal Aid.

Police or public official may issue summons

14 Police or public official may issue summons

S. 14(1) amended by No. 20/2025 s. 7(a).

(1) Without limiting the power of a registrar of the Magistrates' Court or the Court in any way—

S. 14(1)(a) substituted by No. 37/2014 s. 10(Sch. item 41.2(a)).

(b) a public official acting in the performance of his or her duty (whether the power to commence the proceeding is conferred on him or her by or under an Act or at common law)—

may, after signing a charge-sheet containing a charge, issue a summons to answer to the charge.

Note to s. 14(1) inserted by No. 1/2016 s. 22(2).

There is a presumption in favour of proceeding by summons if an accused is a child—see section 345 of the Children, Youth and Families Act 2005.

S. 14(2) amended by Nos 37/2014 s. 10(Sch. item 41.2(b)), 20/2025 s. 7(b).

(2) If a police officer or a public official issues a summons under subsection (1), he or she must file the charge-sheet and summons in the Magistrates' Court within 7 days after signing the charge-sheet.

(3) If it appears to the Magistrates' Court that subsection (2) has not been complied with in relation to a proceeding, the court may strike out the charge.

Note to s. 14(3) amended by No. 68/2009 s. 51(d).

Section 401(3) allows the court to award costs if a charge is struck out.

Contents of summons

15 Contents of summons

(1) A summons to answer to a charge must direct the accused to appear at the venue of the Magistrates' Court referred to in section 11 on a specified date and at a specified time to answer the charge.

(2) A summons to answer to a charge for an indictable offence that is to be served on a corporate accused must state that, if the accused does not appear in answer to the summons, the Magistrates' Court may proceed—

(a) in the case of an indictable offence that may be heard and determined summarily, to hear and determine the charge in the absence of the accused in accordance with Division 10 of Part 3.3; or

(b) in any case, to conduct a committal proceeding in the absence of the accused in accordance with Chapter 4.

1 See sections 80, 81 and 82 for consequences of failing to appear in answer to a summons.

2 Section 28(1) sets out the indictable offences that may be heard and determined summarily.

S. 16 amended by No. 68/2009 s. 51(e).

Personal service of summons

16 Personal service of summons

Except where otherwise expressly enacted, every summons to answer to a charge must be served personally on the accused in accordance with section 391—

(a) subject to paragraph (b), at least 14 days before the return date;

S. 16(b) amended by No. 68/2009 s. 5.

(b) in the case of a charge for an indictable offence in respect of which a registrar of the Magistrates' Court has fixed a date for a filing hearing, at least 7 days before that date or any other time before that date that is prescribed by the rules of court.

Note to s. 16 amended by No. 68/2009 s. 51(f).

See section 399(4) for filing in court of affidavit or declaration of service.

Summons for summary offence may be served by ordinary service

17 Summons for summary offence may be served by ordinary service

S. 17(1) amended by Nos 68/2009 s. 51(g), 55/2014 s. 113(1).

(1) A summons to answer to a charge for a summary offence (other than a traffic camera offence) must be served personally on the accused in accordance with section 391 unless the informant is satisfied that ordinary service is appropriate in all the circumstances.

Note to s. 17(1) amended by No. 68/2009 s. 51(h).

(2) In considering whether to effect service of a summons by ordinary service, an informant must consider whether it is an appropriate method of service in all the circumstances as known by the informant including—

S. 17(3) amended by Nos 68/2009 s. 51(i), 55/2014 s. 113(2).

(3) If a summons is served in accordance with section 394(1)(a), evidence of service must state—

(a) how the informant ascertained the address to which the summons was posted; and

(b) the time and place of posting; and

(c) whether the informant considered the matters referred to in subsection (2) before determining to effect service by post.

S. 17A inserted by No. 55/2014 s. 114.

17A

Service of summons for traffic camera offence

17A Service of summons for traffic camera offence

(1) A summons to answer to a charge for a traffic camera offence may be served personally on the accused in accordance with section 391 or by ordinary service in accordance with section 394.

(2) If a summons is served in accordance with section 394(1)(a) or (ab), evidence of service must state—

(a) how the informant ascertained the address to which the summons was posted; and

(b) the time and place of posting.

Informant must nominate address etc. for service of documents

18 Informant must nominate address etc. for service of documents

(1) An informant must nominate in writing a business address, email address, if any, and fax number for service on the informant of documents in relation to a charge.

(2) A nomination under subsection (1) may be included on a charge-sheet or any other document served with a charge-sheet.

Extension of return date if summons not served

19 Extension of return date if summons not served

(1) If the informant has not served a summons to answer to a charge, the appropriate registrar may extend a return date specified in the summons without cause on one occasion on the application of the informant—

(a) before the return date; or

(b) within 28 days after the return date.

(2) The appropriate registrar may extend a return date on a subsequent occasion on the application of the informant—

(a) before the current return date; or

(b) within 28 days after the current return date—

S. 19(2) amended by No. 6/2018 s. 68(Sch. 2 item 38.1).

if the registrar is satisfied by sworn or affirmed evidence, whether oral or by affidavit, that reasonable efforts have been made to serve the summons.

See also section 331 as to the court's general power of adjournment.

Adjournment of proceeding on application of accused

20 Adjournment of proceeding on application of accused

On the application of the accused, the appropriate registrar may—

(a) if the accused is not on bail or in custody, before or on the return date or on the date to which the proceeding is adjourned, adjourn the proceeding to a later date;

(b) if the accused is on bail, on the return date or on the date to which the proceeding is adjourned, adjourn the proceeding to a later date and extend bail but not vary the conditions of bail or revoke bail.

See also section 331 as to the court's general power of adjournment.

Div 2

Notice to appear

Division 2—Notice to appear

Police or public official may serve notice to appear

21 Police or public official may serve notice to appear

S. 21(1) amended by No. 37/2014 s. 10(Sch. item 41.3).

(1) A police officer or a public official acting in the performance of his or her duties may serve on a person a notice to appear if the police officer or public official reasonably suspects that the person has committed—

(a) a summary offence; or

(b) an indictable offence that may be heard and determined summarily.

(2) A notice to appear must—

(a) state the name of the person serving the notice; and

(b) if the notice is served by a public official, state the name of the employer of the public official; and

(c) state a telephone number and email address at which the person serving the notice may be contacted and the business address of the person and may state similar details for a person authorised to act in relation to the notice on behalf of the person serving the notice; and

(d) state the full name and address of the person served with the notice; and

(e) state the offence that the person served with the notice is suspected of having committed; and

(f) state in general terms the circumstances of the suspected offence; and

(g) direct the person served with the notice to appear at a venue of the Magistrates' Court on a date (at least 28 days after the date of service of the notice) and at a time specified in the notice to answer any charge in respect of the suspected offence; and

(h) include a summary of this Division; and

(i) be signed by the person serving the notice.

(3) A notice to appear must be served by—

(a) giving it to the person to be served; or

(b) if the person does not accept it, by putting it down in the person's presence and telling the person the nature of the document.

Notice to appear lapses unless charge-sheet filed within 14 days

22 Notice to appear lapses unless charge-sheet filed within 14 days

S. 22(1) amended by Nos 37/2014 s. 10(Sch. item 41.4), 20/2025 s. 8.

(1) If a police officer or a public official serves a notice to appear on a person, the notice lapses on the expiry of 14 days after service unless, within that period, the police officer or public official files in the Magistrates' Court—

(a) a charge-sheet containing a charge against the person for the suspected offence stated in the notice to appear or a related offence; and

(b) a copy of the notice to appear; and

(2) Failure to file a charge-sheet in accordance with subsection (1) does not affect the filing of a charge-sheet at any later time.

Notice to be given on lapsing

23 Notice to be given on lapsing

S. 23(1) amended by No. 37/2014 s. 10(Sch. item 41.5).

(1) Within 7 days after the lapsing of a notice to appear, the police officer or public official who served the notice must ensure that—

(a) written notice is given to the person on whom the notice to appear was served that—

(i) a charge-sheet has not been filed; and

(ii) the person is not required to appear at the Magistrates' Court on the date and at the time specified in the notice to appear; and

(b) the Magistrates' Court is notified that the notice to appear has lapsed.

(2) A notice under subsection (1) is given by sending it by prepaid ordinary post addressed to the person at the last known address of the person.

Preliminary brief to be served if charge-sheet filed

24 Preliminary brief to be served if charge-sheet filed

If a charge-sheet is filed in accordance with section 22(1), the informant must—

S. 24(a) amended by No. 48/2012 s. 11.

(a) serve a preliminary brief on the accused within 21 days after the day on which the charge-sheet is filed; and

(b) on the return date have available a copy of the preliminary brief for provision to the accused or the legal practitioner representing the accused, on request.

1 Section 36 sets out how a preliminary brief must be served.

2 Section 37 sets out the contents of a preliminary brief, including a copy of the charge-sheet.

25 Non-appearance of accused served with notice to appear

(1) If a charge-sheet containing a charge for a summary offence is filed against an accused in accordance with section 22(1) and the accused does not appear in answer to the notice to appear, the Magistrates' Court may—

(a) issue a warrant to arrest the accused; or

(b) proceed to hear and determine the charge in the absence of the accused in accordance with Division 10 of Part 3.3; or

(2) If a charge-sheet containing a charge for an indictable offence that may be heard and determined summarily is filed against an accused in accordance with section 22(1) and the accused does not appear in answer to the notice to appear, the Magistrates' Court may issue a warrant to arrest the accused.

Notice to appear does not commence proceeding

26 Notice to appear does not commence proceeding

Service of a notice to appear does not commence a criminal proceeding.

Chapter 3—Summary procedure

Part 3.1—When a summary hearing may be held

27 Summary offences

A charge for a summary offence is to be heard and determined summarily in accordance with this Chapter or, if the case requires, Division 1 of Part 5.8.

Note to s. 27 amended by No. 47/2014 s. 257.

The procedure set out in the Fines Reform Act 2014 may be used instead of commencing a proceeding for certain offences. See section 99 of the Magistrates' Court Act 1989.

Indictable offences that may be heard and determined summarily

28 Indictable offences that may be heard and determined summarily

(1) A charge for any of the following indictable offences may be heard and determined summarily by the Magistrates' Court, if section 29 is satisfied—

(a) an offence referred to in Schedule 2;

(b) an indictable offence under an Act or subordinate instrument or an offence at common law if the offence is described by an Act or subordinate instrument as being—

(i) a level 5 offence or level 6 offence; or

(ii) punishable by level 5 or level 6 imprisonment or fine or both; or

(iii) punishable by a term of imprisonment not exceeding 10 years or a fine not exceeding 1200 penalty units or both—

unless the contrary intention appears in this or any other Act or in any subordinate instrument.

A level 5 offence is punishable by 10 years imprisonment maximum and a level 6 offence is punishable by 5 years imprisonment maximum: section 109 of the Sentencing Act 1991.

(2) If an indictable offence is described as being punishable in more than one way or in one of 2 or more ways, all of those ways must be referred to in subsection (1) for subsection (1) to apply.

(3) If an indictable offence referred to in Schedule 2 is qualified by reference to a specified amount or value or a specified kind of property, that qualification is not affected by subsection (1)(b) or (2).

When an indictable offence may be heard and determined summarily

29 When an indictable offence may be heard and determined summarily

(1) The Magistrates' Court may hear and determine summarily a charge for an offence to which section 28(1) applies if—

(a) the court considers that the charge is appropriate to be determined summarily, having regard to the matters in subsection (2); and

(b) the accused consents to a summary hearing.

1 Section 82 provides for a summary hearing without consent in the case of a corporate accused which fails to appear in answer to a summons.

2 Section 168(3) provides that a charge transferred by order under that section must be heard and determined summarily.

(2) For the purposes of subsection (1)(a), the Magistrates' Court must have regard to—

(a) the seriousness of the offence including—

(i) the nature of the offence; and

(ii) the manner in which the offence is alleged to have been committed, the apparent degree of organisation and the presence of aggravating circumstances; and

(iii) whether the offence forms part of a series of offences being alleged against the accused; and

(iv) the complexity of the proceeding for determining the charge; and

S. 29(2)(b) amended by No. 68/2009 s. 6.

(b) the adequacy of sentences available to the court, having regard to the criminal record of the accused; and

(d) any other matter that the court considers relevant.

(3) A legal practitioner appearing for an accused may, on behalf of the accused, consent to a summary hearing of a charge for an indictable offence.

(4) Nothing in subsection (2) applies to a proceeding in the Children's Court.

(5) If a body corporate and a natural person are jointly charged with an indictable offence which may be heard and determined summarily, the Magistrates' Court must not hear and determine the charge summarily against either of the accused unless—

(a) each of them consents to a summary hearing; or

(b) if the body corporate fails to appear in the proceeding, the natural person consents to a summary hearing and the court proceeds under section 82 to hear and determine the charge in the absence of the body corporate.

Procedure for indictable offences that may be heard and determined summarily

30 Procedure for indictable offences that may be heard and determined summarily

(1) The informant or the accused may apply for a summary hearing under section 29(1).

(2) Without any application under subsection (1), the Magistrates' Court may offer a summary hearing under section 29(1).

(3) An application for, or an offer of, a summary hearing may be made at any time before the Magistrates' Court determines whether to commit the accused for trial.

Section 6(4) provides that an informant may include a request for a committal proceeding in a charge-sheet containing a charge for an indictable offence that may be heard and determined summarily.

(4) If an application for a summary hearing is made before the hearing of any evidence, the Magistrates' Court may seek from the prosecutor or, if the informant is appearing in person, the informant and he or she must give—

(a) an outline of the evidence which will be presented for the prosecution; and

(b) any other information which the court considers relevant—

for the purpose of enabling the court to determine whether to grant a summary hearing.

(5) Any statement made by the prosecutor or informant under subsection (4) is not admissible in evidence in any subsequent proceeding in respect of the charge.

(6) If the Magistrates' Court grants a summary hearing, the hearing and determination of the charge must be conducted in accordance with Part 3.3.

Sections 112A to 113D of the Sentencing Act 1991 provide for maximum penalties in the Magistrates' Court.

(7) Subject to subsection (8), if—

(a) a committal hearing commences; and

(b) the Magistrates' Court subsequently grants a summary hearing—

the court may, with the consent of the accused, admit as evidence in the summary hearing—

(d) the statement of any witness; and

(e) any document or exhibit—

given or tendered during the committal hearing.

(8) If evidence is admitted under subsection (7)—

(a) the Magistrates' Court must, at the request of the informant or the accused, call or recall (as the case requires) any witness for examination or cross-examination; and

(b) the hearing must otherwise be conducted in the same manner as a proceeding for a summary offence.

Part 3.2—Procedure before summary hearing

Division 1—General

31 Court may change place of hearing

If the Magistrates' Court considers that—

(a) a fair hearing in a criminal proceeding cannot otherwise be had; or

(b) for any other reason it is appropriate to do so—

the court may order that the hearing be held at another place or venue of the court that the court considers appropriate.

Accused entitled to copy of charge-sheet and particulars

32 Accused entitled to copy of charge-sheet and particulars

(1) An accused is entitled to receive free of charge a copy of the charge-sheet from the informant or the appropriate registrar.

(2) An accused is entitled to receive from the informant reasonable particulars of the charge.

Unrepresented accused who requires legal advice

33 Unrepresented accused who requires legal advice

If—

(a) an accused is charged with an offence punishable by imprisonment; and

(b) the accused is unrepresented on the return date—

the court must—

(d) if satisfied that the accused has not had a reasonable opportunity to obtain legal advice, grant an adjournment if so requested by the accused; and

(e) inform the accused that the accused has the right, if eligible, to legal aid under the Legal Aid Act 1978.

Return of property

34 Return of property

(a) property has been taken from an accused; and

(b) the Magistrates' Court considers that the property or part of it can be returned consistently with the interests of justice and with the safe custody of the accused—

the court must direct that the property or part of it be returned to the accused or to any other person that the accused directs.

(2) If property has been taken from a person other than the accused, the Magistrates' Court, on application by the person, may direct that the property be returned to the person at any time, and subject to any condition, that the court considers appropriate.

Division 2—Pre-hearing disclosure of prosecution case

When preliminary brief is to be served

35 When preliminary brief is to be served

(1) If required to do so by section 24, the informant must serve a preliminary brief on the accused.

(2) At any time after the commencement of a proceeding, the accused, by written notice to the informant, may request that a preliminary brief be served.

(3) If the accused gives notice under subsection (2), the informant must serve on the accused a preliminary brief within 14 days after receipt of the notice.

(4) Nothing in this section prevents the informant from serving a preliminary brief on the accused at any other time.

How preliminary brief must be served

36 How preliminary brief must be served

S. 36(1) amended by No. 68/2009 s. 51(j).

(1) A preliminary brief must be served personally on the accused in accordance with section 391 unless the informant is satisfied that ordinary service is appropriate in all the circumstances.

Note to s. 36(1) amended by No. 68/2009 s. 51(k).

(2) In considering whether to effect service of a preliminary brief by ordinary service, the informant must consider whether it is an appropriate method of service in all the circumstances as known by the informant including—

(d) the manner of service of the summons to answer to the charge.

Contents of preliminary brief

37 Contents of preliminary brief

(1) A preliminary brief must include—

(a) a copy of the charge-sheet in respect of the alleged offence; and

S. 37(1)(ab) inserted by No. 32/2024 s. 814.

(ab) if applicable, a copy of the record of reasons; and

(b) a notice in the form prescribed by the rules of court—

(i) explaining this section and section 84; and

(ii) explaining the importance of the accused obtaining legal representation; and

(iii) advising that the accused has the right, if eligible, to legal aid under the Legal Aid Act 1978; and

(iv) providing details of how to contact Victoria Legal Aid; and

(d) any evidentiary certificate issued under any Act that is likely to be relevant to the alleged offence and is available at the time the preliminary brief is served; and

S. 37(1)(e) amended by No. 81/2011 s. 4.

(e) a copy of the criminal record of the accused that is available at the time the preliminary brief is served or a statement that the accused has no previous convictions or infringement convictions known at that time; and

(f) if the informant refuses to disclose any information, document or thing that is required to be included in the preliminary brief, a written notice that the informant refuses disclosure under section 45, identifying the ground for refusing disclosure; and

(g) a list of any other orders that are or will be sought, as known at the time of preparation of the preliminary brief.

S. 37(2) amended by No. 6/2018 s. 68(Sch. 2 item 38.1).

(2) A statement by the informant in a preliminary brief must be a complete and accurate statement of the material available to the prosecution at the time the statement is sworn or affirmed, signed or attested and must include—

(a) a statement of the alleged facts on which the charge is based, including reference to the material available to the prosecution to support the alleged facts; and

(b) a description of the background to and consequences of the alleged offence, if known; and

(c) a summary of any statements made by the accused concerning the alleged offence, including any confession or admission; and

(d) a list of the names of all persons who, at the time the statement is signed, may be called by the prosecution as witnesses at the hearing of the charge, indicating whether those persons have made statements; and

(e) a list of any things the prosecution may tender as exhibits, indicating whether they are in the possession of the prosecution at the time the statement is signed.

(3) A preliminary brief may include any other information, document or thing that is relevant to the alleged offence and may assist the accused in understanding the evidence against the accused that is available to the prosecution.

Statements of key witnesses may be included in the preliminary brief.

1 If the Magistrates' Court hears and determines a charge in the absence of the accused, section 84 provides that certain documents in a preliminary brief served on the accused at least 14 days before the hearing date are admissible in evidence.

2 See section 86 as to proof of criminal record in the absence of the accused.

S. 38 amended by No. 68/2009 s. 9(a).

Requirements for informant's statement in preliminary brief

38 Requirements for informant's statement in preliminary brief

A statement by the informant in a preliminary brief must be—

(b) signed by the informant and contain an acknowledgment signed in the presence of a person referred to in Schedule 3 that the statement is true and correct and is made in the belief that a person making a false statement in the circumstances is liable to the penalties of perjury; or

S. 38(2) repealed by No. 68/2009 s. 9(b).

Note to s. 38(2) repealed by No. 68/2009 s. 9(c).

Note to s. 38 inserted by No. 68/2009 s. 9(d).

When full brief must be served

39 When full brief must be served

S. 39(1) substituted by No. 30/2010 s. 58.

(1) The accused, by written notice to the informant, may request that a full brief be served.

S. 39(1A) inserted by No. 30/2010 s. 58.

(1A) A request under subsection (1) may be made—

S. 39(1A)(a) amended by No. 55/2014 s. 115.

(a) if a preliminary brief is served within 21 days after the day on which the charge-sheet is filed, at any time after a summary case conference is held; or

(b) in any other case, at any time after the criminal proceeding has commenced.

(2) If the accused gives a notice under subsection (1), the informant must serve a full brief on the accused at least 14 days before—

(a) the contest mention hearing; or

(b) if a contest mention hearing is not held, the summary hearing.

(3) The Magistrates' Court, by order, may vary the date for service of a full brief to a specified date that is earlier or later than the date for service required by subsection (2).

(4) Nothing in this section prevents agreement between the informant and the accused to more limited disclosure than is required in a full brief.

How full brief must be served

40 How full brief must be served

S. 40(1) amended by No. 68/2009 s. 51(l).

(1) A full brief must be served personally on the accused in accordance with section 391 unless the informant is satisfied that ordinary service is appropriate in all the circumstances.

Note to s. 40(1) amended by No. 68/2009 s. 51(m).

(2) In considering whether to effect service of a full brief by ordinary service, the informant must consider whether it is an appropriate method of service in all the circumstances as known by the informant including—

(d) the manner of service of the summons to answer to the charge.

Contents of full brief

41 Contents of full brief

(1) Unless earlier disclosed to the accused, whether in a preliminary brief, at a summary case conference or otherwise, a full brief must contain—

(a) a notice in the form prescribed by the rules of court—

(i) explaining this section and section 83; and

(ii) explaining the importance of the accused obtaining legal representation; and

(iii) advising that the accused has the right, if eligible, to legal aid under the Legal Aid Act 1978; and

(iv) providing details of how to contact Victoria Legal Aid; and

(b) a copy of the charge-sheet relating to the alleged offence; and

S. 41(1)(ba) inserted by No. 32/2024 s. 815.

(ba) if applicable, a copy of the record of reasons; and

S. 41(1)(c) amended by No. 81/2011 s. 5.

(c) a copy of the criminal record of the accused or a statement that the accused has no previous convictions or infringement convictions; and

(d) any information, document or thing on which the prosecution intends to rely at the hearing of the charge including—

(i) a copy of any statement relevant to the charge signed by the accused, or a record of interview of the accused, that is in the possession of the informant; and

(ii) a copy, or a transcript, of any audio‑recording or audiovisual recording required to be made under Subdivision (30A) of Division 1 of Part III of the Crimes Act 1958; and

S. 41(1)(d)(iii) amended by No. 68/2009 s. 49(a).

(iii) a copy or statement of any other evidentiary material that is in the possession of the informant relating to a confession or admission made by the accused relevant to the charge; and

(iv) a list of the persons the prosecution intends to call as witnesses at the hearing, together with a copy of each of the statements made by those persons; and

See section 47 for requirements for statements.

(v) a legible copy of any document which the prosecution intends to produce as evidence; and

(vi) a list of any things the prosecution intends to tender as exhibits; and

(vii) a clear photograph, or a clear copy of such a photograph, of any proposed exhibit that cannot be described in detail in the list; and

(viii) a description of any forensic procedure, examination or test that has not yet been completed and on which the prosecution intends to rely as tending to establish the guilt of the accused; and

(ix) any evidentiary certificate issued under any Act that is likely to be relevant to the alleged offence; and

(e) any other information, document or thing in the possession of the prosecution that is relevant to the alleged offence including—

(i) a list of the persons (including experts) who have made statements or given information relevant to the alleged offence but who the prosecution does not intend to call as witnesses at the hearing; and

(ii) a copy of every statement referred to in subparagraph (i) made by each of those persons or, if the person has not made a statement, a written summary of the substance of any evidence likely to be given by that person or a list of those statements or written summaries; and

(iii) a copy of every document relevant to the alleged offence that the prosecution does not intend to tender as an exhibit at the hearing or a list of those documents; and

(iv) a list containing descriptions of any things relevant to the alleged offence that the prosecution does not intend to tender as exhibits at the hearing; and

(v) a clear photograph, or a clear copy of such a photograph, of any thing relevant to the alleged offence that cannot be described in detail in the list; and

(vi) a copy of—

(A) records of any medical examination of the accused; and

(B) reports of any forensic procedure or forensic examination conducted on the accused; and

carried out on behalf of the prosecution and relevant to the alleged offence but on which the prosecution does not intend to rely; and

(vii) a copy of any other information, document or thing required by the rules of court to be included in a full brief; and

S. 41(1)(e)(viii) inserted by No. 1/2022 s. 10.

(viii) subject to section 32C of the Evidence (Miscellaneous Provisions) Act 1958, a copy of any information, document or thing that is relevant to the credibility of a witness for the prosecution; and

The witness' criminal history (including pending charges), or the giving of a letter of assistance to the witness, the reduction of criminal charges against the witness, other favourable treatment in a criminal proceeding, or any payment or reward provided, as a result of the witness' cooperation with police.

(f) if the informant refuses to disclose any information, document or thing that is required to be included in the full brief, a written notice that the informant refuses disclosure under section 45, identifying the ground for refusing disclosure.

(2) Section 48 applies to information and other material supplied in a full brief.

S. 41(3) inserted by No. 5/2025 s. 31.

(3) For the purposes of subsection (1)(e), relevant includes, in relation to information, documents and things, any information, document or thing that might reasonably be expected to—

(a) undermine the case for the prosecution; or

(b) assist the case for the accused.

Notes to s. 41 amended by No. 68/2009 s. 51(n).

1 See section 416 as to the prosecution's general obligation of disclosure.

2 Section 39(4) enables an informant and an accused to agree to the provision of less material in the full brief than is required by section 41.

3 If the Magistrates' Court hears and determines a charge in the absence of the accused, section 83 provides that certain documents in a full brief served on the accused are admissible in evidence.

4 See section 86 as to proof of criminal record in the absence of the accused.

S. 41A inserted by No. 1/2022 s. 5.

41A

Disclosure certificate

41A Disclosure certificate

(1) Subject to any order of a court, in a proceeding in which a full brief is served, the relevant officer must complete a disclosure certificate in the form prescribed by the regulations describing—

(a) any relevant information, document or thing not contained in the full brief because it is the subject of—

(iii) a prohibition or restriction provided by statute that has the effect of precluding disclosure to the prosecution or the defence; and

(b) the nature of the privilege, immunity, prohibition or restriction to which that information, document or thing is subject; and

(a) file a copy of the disclosure certificate with the registrar within 7 days after service of the full brief on the accused; and

(b) if the DPP is conducting the proceeding, forward a copy of the disclosure certificate to the DPP within 7 days after service of the full brief on the accused; and

(c) serve a copy of the disclosure certificate on the accused at the same time as the full brief is served on the accused.

(3) Nothing in this section limits or otherwise affects—

(a) the power of the court to hear and determine an application with respect to the disclosure of information, documents or things; or

(b) the power of the court to make any order or other decision that it has power to make with respect to the disclosure of information, documents or things; or

(c) the operation of a provision made by or under any other Act, including an Act of the Commonwealth, that prohibits or restricts, or that authorises a court or tribunal to prohibit or restrict, the disclosure of information for or in connection with any proceeding.

(4) In this section, relevant officer means—

(a) the informant; or

(b) if the informant did not investigate the offence that is the subject of the proceeding, the law enforcement officer who prepared the full brief.

Continuing obligation of disclosure

42 Continuing obligation of disclosure

(a) comes into the informant's possession or comes to the informant's notice after the service of a preliminary brief or a full brief, as the case may be; and

(b) would have been required to be listed, or a copy of which would have been required to be served, in the preliminary brief or the full brief.

(2) The informant must serve on the accused a copy of the document or list as soon as practicable after the information, document or thing comes into the informant's possession or comes to the informant's notice.

(3) If the informant refuses to disclose any information, document or thing that is required to be disclosed under this section, the informant must serve on the accused as soon as practicable a written notice that the informant refuses disclosure under section 45, identifying the ground for refusing disclosure.

Note to s. 42 amended by No. 68/2009 s. 51(o).

Accused may make request for material etc. not provided

43 Accused may make request for material etc. not provided

(1) The accused may give to the informant a written request for—

(a) a copy of any statements made or information given by persons listed in a full brief;

(b) a copy of any things listed in a full brief;

S. 43(1)(c) amended by No. 42/2015 s. 13.

(d) a copy of any information, document or thing specified by the accused that is required by or under this Act to be included in a preliminary brief or a full brief, as the case may be, and was not so included;

(e) particulars of previous convictions of any witness who the prosecution intends to call at the hearing.

(2) Subject to subsection (3), a request under subsection (1) may be made at any time after service of the preliminary brief or the full brief, whichever first occurs.

(3) Unless the Magistrates' Court otherwise orders, a request under subsection (1) must be made at least 7 days before—

(a) the contest mention hearing; or

(b) if a contest mention hearing is not held, the summary hearing.

S. 43A (Heading) amended by No. 47/2016 s. 37(2).

S. 43A inserted by No. 42/2015 s. 14.

43A

Inspection of exhibits that include child abuse material where accused is legally represented

43A Inspection of exhibits that include child abuse material where accused is legally represented

S. 43A(1)(a) amended by No. 47/2016 s. 37(3).

(a) a request under section 43(1)(c) relates to an exhibit, or a part of an exhibit, that is child abuse material; and

(b) the accused is legally represented.

(2) The accused may request inspection of the exhibit, or the part of the exhibit, by the accused's legal practitioner (but not the accused personally).

Example to
s. 43A(2) amended by No. 47/2016 s. 37(4).

The informant may agree with the accused's legal practitioner on a time and place for the accused's legal practitioner to inspect exhibits that include child abuse material. The legal practitioner may not show such an exhibit to the accused but may discuss its content with the accused in order to obtain instructions.

Informant must comply with request or state grounds of refusal

44 Informant must comply with request or state grounds of refusal

(1) Within 7 days after the informant receives a request under section 43, the informant must comply with the request or serve on the accused a written notice that the informant refuses to comply with the request, identifying the grounds for refusing disclosure.

(2) The Magistrates' Court may vary a time limit referred to in this section.

Grounds on which informant may refuse disclosure

45 Grounds on which informant may refuse disclosure

(1) The informant may refuse to disclose any information, document or thing that is required by this Division to be disclosed to the accused if the informant considers that disclosure would, or would be reasonably likely to—

(a) prejudice the investigation of a contravention or possible contravention of the law or prejudice the enforcement or proper administration of the law in a particular instance; or

(b) prejudice the fair hearing of the charge against a person or the impartial adjudication of a particular case; or

(c) disclose, or enable a person to ascertain, the identity of a confidential source of information in relation to the enforcement or administration of the law; or

(d) disclose methods or procedures for preventing, detecting, investigating or dealing with matters arising out of contraventions or evasions of the law the disclosure of which would, or would be reasonably likely to, prejudice the effectiveness of those methods or procedures; or

(e) endanger the lives or physical safety of persons engaged in, or in connection with, law enforcement or persons who have provided confidential information in relation to the enforcement or administration of the law; or

S. 45(1)(f) amended by No. 42/2015 s. 15(1)(a).

(f) endanger the life or physical safety of a person referred to in section 43(1)(a) or of a family member, as defined in the Family Violence Protection Act 2008, of such a person; or

S. 45(1)(g) inserted by No. 42/2015 s. 15(1)(b), amended by No. 47/2016 s. 37(5).

(g) result in the disclosure of child abuse material to the accused personally.

S. 45(1A) inserted by No. 42/2015 s. 15(2).

(1A) The informant may not refuse, on the ground referred to in subsection (1)(g), a request under section 43(1)(c) for inspection of exhibits by the accused's legal practitioner (but not the accused personally).

(2) The informant may refuse to disclose any information, document or thing that is requested under section 43(1)(d) on any ground on which the informant would be entitled to refuse to produce the information, document or thing under a witness summons.

(3) The informant may refuse to disclose the particulars of any previous conviction of any witness who the informant intends to call at the hearing if the previous conviction is, because of its character, irrelevant to the proceeding but the informant must advise the accused of the existence of any undisclosed previous convictions.

Notes to s. 45 amended by No. 68/2009 s. 51(p).

1 See section 14 of the Victims' Charter Act 2006 as to victims' privacy.

2 See section 416 as to the prosecution's general obligation of disclosure.

46 Accused may apply for order requiring disclosure

(1) The accused may apply to the Magistrates' Court for an order under subsection (2) requiring disclosure if—

(a) the informant has served on the accused under section 45 a statement of grounds for refusing disclosure; or

(b) the informant has failed to give disclosure in accordance with this Division.

(2) On application under subsection (1), the Magistrates' Court may order that the informant disclose to the accused any information, document or thing in accordance with a request under section 43 or a requirement of this Division.

S. 46(3) inserted by No. 42/2015 s. 16.

(3) Without limiting subsection (2), if an application under subsection (1) relates to an informant's refusal to disclose any information, document or thing on the ground referred to in section 45(1)(g), the Magistrates' Court, having regard to whether the accused is legally represented, may order, on any conditions specified by it, that the disclosure be made to—

Rules with respect to statements

47 Rules with respect to statements

S. 47(1) amended by No. 49/2012 s. 3.

(1) Subject to subsection (3), a statement referred to in section 41 which the informant intends to tender at the hearing of the charge if the accused does not appear must be—

(b) signed by the person making the statement and contain an acknowledgment signed in the presence of a person referred to in Schedule 3 that the statement is true and correct and is made in the belief that a person making a false statement in the circumstances is liable to the penalties of perjury; or

(2) If a person under the age of 18 years makes a statement which the informant intends to tender as mentioned in subsection (1), the statement must include the person's age.

(3) If a person who cannot read makes a statement which the informant intends to tender as mentioned in subsection (1)—

(a) the statement must be read to the person before he or she signs it; and

(b) the acknowledgment must state that the statement was read to the person before he or she signed it.

S. 47(4) repealed by No. 68/2009 s. 9(e).

Note to s. 47(4) repealed by No. 68/2009 s. 9(f).

Note to s. 47 inserted by No. 68/2009 s. 9(g).

Disclosure of address or telephone number of witness

48 Disclosure of address or telephone number of witness

(1) The informant must not disclose the address or telephone number (including a private, business or official address or telephone number) of any person in any information, document or thing provided to the accused under this Division unless—

(a) the informant believes that—

(i) the information, document or thing does not identify the address or telephone number as that of any particular person; or

(ii) the address or telephone number is relevant to the offence charged and disclosure is not likely to present a reasonably ascertainable risk to the welfare or physical safety of any person; or

(b) the Magistrates' Court permits the disclosure in accordance with subsection (3) on application made by the informant or the accused.

(2) For the purposes of subsection (1), the informant may delete, or render illegible, an address or telephone number included in the information, document or thing before service on the accused.

(3) The Magistrates' Court may grant an application made under subsection (1)(b) if the court is satisfied that—

(i) disclosure is not likely to present a reasonably ascertainable risk to the welfare or physical safety of any person; or

(ii) having regard to the matters referred to in subsection (4), the interests of justice outweigh any risk referred to in subparagraph (i).

(4) For the purposes of subsection (3)(b)(ii), the Magistrates' Court must have regard to—

Informant may place material on database

49 Informant may place material on database

S. 49(1)(a) amended by No. 37/2014 s. 10(Sch. item 41.5).

(a) the informant is a police officer or an officer of a prescribed agency; and

(b) the accused's legal practitioner is authorised by the Secretary to the Department of Justice to access electronically the information, documents and things referred to in section 43; and

(c) it is practicable to transmit electronically the information, documents and things that are required to be disclosed.

(2) Subject to this Division, the informant must place on the prescribed database a copy of—

(a) the preliminary brief, if any; and

(b) the full brief; and

(d) all additional information, documents and things required to be disclosed under section 42.

(3) Placement of copies of material on the prescribed database under subsection (2) is deemed to be service for the purposes of this Division.

Time limits provided in this Division for service of a preliminary brief, a full brief or particular information, documents or things still apply.

S. 49(4) amended by No. 6/2018 s. 68(Sch. 2 item 38.2).

(4) A statement by the informant in a copy of a preliminary brief placed on the prescribed database need not be sworn, affirmed or attested as required by section 38 if—

(a) the database technology does not permit placement of the copy in that form; and

(b) a physical copy of the preliminary brief complies with section 38.

S. 49(5) amended by No. 6/2018 s. 68(Sch. 2 item 38.3).

(5) An informant who places an unsworn, unaffirmed or unattested preliminary brief on the prescribed database must retain the physical copy of the preliminary brief that is sworn, affirmed or attested for a period of 12 months after the determination of the charge.

Note to s. 49(5) repealed by No. 68/2009 s. 9(h).

Note to s. 49 inserted by No. 68/2009 s. 9(i).

Div 3

Preliminary disclosure of case of accused

Division 3—Preliminary disclosure of case of accused

Expert evidence

50 Expert evidence

S. 50(1) amended by No. 68/2009 s. 51(q).

(1) If the accused intends to call a person as an expert witness at the hearing of the charge, the accused must serve on the informant in accordance with section 392 and file in court a copy of the statement of the expert witness in accordance with subsection (2)—

(a) at least 7 days before the day on which the contest mention hearing is to be held; or

(b) if there is no contest mention hearing, at least 7 days before the summary hearing; or

(2) The statement must—

(a) contain the name and business address of the witness; and

(b) describe the qualifications of the witness to give evidence as an expert; and

(c) set out the substance of the evidence it is proposed to adduce from the witness as an expert, including the opinion of the witness and the acts, facts, matters and circumstances on which the opinion is formed.

Section 177 of the Evidence Act 2008 provides for certificates of expert evidence.

Alibi evidence

51 Alibi evidence

(1) This section applies to an accused on a summary hearing, if the accused is represented by a legal practitioner.

(2) An accused must not, without leave of the court—

(a) give evidence personally; or

(b) adduce evidence from another witness—

in support of an alibi unless the accused has given notice of alibi within the period referred to in subsection (3).

(3) A notice of alibi is given by serving the notice on the prosecutor or the informant—

(a) at least 7 days before the day on which the contest mention hearing is to be held; or

(b) if there is no contest mention hearing, at least 7 days before the summary hearing; or

S. 51(4) amended by No. 68/2009 s. 51(r).

(4) A notice of alibi must be served in accordance with section 392.

(5) A notice of alibi must contain—

(a) particulars as to time and place of the alibi; and

(b) the name and last known address of any witness to the alibi; and

(c) if the name and address of a witness are not known, any information which might be of material assistance in finding the witness.

(6) If the name and address of a witness are not included in a notice of alibi, the accused must not call that person to give evidence in support of the alibi unless the court is satisfied that the accused took reasonable steps to ensure that the name and address would be ascertained.

(7) If the accused is notified by the informant that a witness named or referred to in a notice of alibi has not been traced, the accused must give written notice to the informant, without delay, of any further information which might be of material assistance in finding the witness.

(8) The court must not refuse leave under subsection (2) if it appears to the court that the accused was not informed of the requirements of this section.

(9) If—

(a) an accused gives notice of alibi under this section; and

(b) the prosecutor requests an adjournment—

the court must grant an adjournment for a period that appears to the court to be necessary to enable investigation of the alibi unless it appears that to do so would prejudice the proper presentation of the case of the accused.

Offence to communicate with alibi witness

52 Offence to communicate with alibi witness

(1) If a person (other than a person referred to in subsection (2)) has been named or referred to as a proposed witness in a notice of alibi given under section 51—

(a) a person acting for the prosecution; or

S. 52(1)(b) amended by No. 37/2014 s. 10(Sch. item 41.5).

(b) a police officer—

must not communicate with that person directly or indirectly with respect to the charge or any related matter before the conclusion of the proceeding, including any rehearing, without the consent and presence during the communication of—

(d) if not legally represented, the accused.

Level 8 imprisonment (1 year maximum)

(2) Subsection (1) does not apply to a person who the accused has been notified may be called as a witness for the prosecution at the summary hearing.

Ch. 3 Pt 3.2 Div. 4 (Heading) substituted by No. 68/2009 s. 7.

Div 4

Mention hearing, summary case conference and contest mention hearing

Division 4—Mention hearing, summary case conference and contest mention hearing

Mention hearing

53 Mention hearing

At a mention hearing, the Magistrates' Court may—

(a) if the offence is an indictable offence that may be heard and determined summarily, grant a summary hearing;

(b) proceed immediately to hear and determine the charge;

(d) fix a date for a summary hearing of the charge;

(e) make any other order or give any direction that the court considers appropriate.

S. 53A inserted by No. 81/2011 s. 6.

53A

Documents to be provided by police at first mention hearing

53A Documents to be provided by police at first mention hearing

S. 53A(1) amended by No. 37/2014 s. 10(Sch. item 41.5).

(1) This section applies if the informant is a police officer.

(2) At the first mention hearing, the informant must have the following documents available for provision to the accused or the legal practitioner representing the accused—

(a) a copy of the preliminary brief (if prepared);

(b) a copy of the full brief (if prepared);

(i) a copy of the charge-sheet in respect of the alleged offence; and

S. 53A(2)(c)(ia) inserted by No. 32/2024 s. 816.

(ia) if applicable, a copy of the record of reasons; and

(ii) a statement of the alleged facts on which the charge is based; and

(iii) either—

(A) a copy of the criminal record of the accused that is available at the time of the first mention hearing; or

(B) a statement that the accused has no previous convictions or infringement convictions known at that time.

S. 53A(3) substituted by No. 55/2014 s. 116.

(3) This section does not apply to a proceeding for a traffic camera offence.

Summary case conference

54 Summary case conference

(1) A summary case conference is a conference between the prosecution and the accused for the purpose of managing the progression of the case including—

(a) identifying and providing to the accused any information, document or thing in the possession of the prosecution that may assist the accused to understand the evidence available to the prosecution; and

(b) identifying any issues in dispute; and

Example to s. 54(1)(b) inserted by No. 32/2024 s. 817.

The presumption against criminal responsibility arises for an offence allegedly committed by a child when the person was 12 or 13 years of age.

(d) any other purpose prescribed by the rules of court.

S. 54(2) amended by Nos 30/2010 s. 59(1), 48/2012 s. 12.

(2) If a preliminary brief is served within 21 days after the day on which the charge-sheet is filed, a summary case conference must be conducted before—

(a) the charge is set down for a contest mention hearing or a summary hearing; or

(b) a request for a full brief is made under section 39(1).

(3) The Magistrates' Court may direct the parties to attend a summary case conference.

(4) Nothing in this section prevents a summary case conference from being conducted at any other time, if the parties agree.

S. 54(5) substituted by No. 30/2010 s. 59(2).

(5) If an accused is not legally represented, the Magistrates' Court may dispense with the requirement under subsection (2) to conduct a summary case conference.

S. 54(6) substituted by No. 30/2010 s. 59(2).

(6) A summary case conference must be conducted in accordance with the rules of court.

S. 54(7) amended by No. 22/2020 s. 12.

(7) Evidence of—

(a) anything said or done in the course of a summary case conference; or

(b) any document prepared solely for the purposes of a summary case conference—

is not admissible in any proceeding before any court or tribunal or in any inquiry in which evidence is or may be given before any court or person acting judicially,

unless—

S. 54(7)(c) inserted by No. 22/2020 s. 12.

S. 54(7)(d) inserted by No. 22/2020 s. 12.

(d) the proceeding is a criminal proceeding for an offence alleged to have been committed during, or in connection with, the summary case conference.

Contest mention hearing

55 Contest mention hearing

(1) This section applies to a proceeding for—

(a) a summary offence; or

(b) an indictable offence that may be heard and determined summarily.

(2) The Magistrates' Court may, between the return date and the day on which the charge is heard, from time to time conduct a contest mention hearing.

(3) At a contest mention hearing, the Magistrates' Court may—

(a) require the parties to provide an estimate of the time expected to be needed for the hearing of the charge;

(b) require the parties to advise as to the estimated number and the availability of witnesses (other than the accused) for the hearing of the charge and whether any witnesses are from interstate or overseas;

(d) require the accused to advise whether the accused is legally represented and has funding for continued legal representation up to and including the hearing of the charge;

(e) require the parties to advise whether there are any particular requirements of, or facilities needed for, witnesses and interpreters;

(f) order a party to make, file in court or serve (as the case requires) any written or oral material required by the court for the purposes of the proceeding;

(g) allow a party to amend a document that has been prepared by or on behalf of that party for the purposes of the proceeding;

(h) if the court considers that it is in the interests of justice to do so, dispense with or vary any requirement imposed on a party by or under this Part;

(i) require or request a party to do anything else for the case management of the proceeding.

(4) The accused must attend all contest mention hearings.

Note 1 to s. 55(4) amended by No. 38/2016 s. 9(2).

1 Section 3 defines attend.

2 See section 334 in relation to a corporate accused.

3 Section 330 gives the court power to excuse an accused from attending a hearing.

Part 3.3—Summary hearing

Division 1—Joint or separate hearing of charges

56 Multiple charges on single charge-sheet or multiple accused named on single charge-sheet

(1) If a charge-sheet contains more than one charge, the charges must be heard together unless an order is made under section 58.

(2) If a charge-sheet names more than one accused, whether in the same charge or separate charges, the charge or charges against all accused must be heard together unless an order is made under section 58.

(3) A separate charge-sheet must be filed against each accused.

Joint hearing of charges on separate charge-sheets

57 Joint hearing of charges on separate charge-sheets

On the application of the prosecutor or the accused, the Magistrates' Court may order that any number of charges in separate charge-sheets be heard together.

Order for separate hearing

58 Order for separate hearing

(1) If a charge-sheet contains more than one charge, the Magistrates' Court may order that any one or more of the charges be heard separately.

(2) If a charge-sheet names more than one accused, the Magistrates' Court may order that charges against a specified accused be heard separately.

(3) The Magistrates' Court may make an order under subsection (1) or (2) if the court considers that—

(a) the case of an accused may be prejudiced because the accused is charged with more than one offence in the same charge-sheet; or

(b) a hearing with co-accused would prejudice the fair hearing of the charge against the accused; or

(4) The Magistrates' Court may make an order under subsection (1) or (2) before or during the hearing.

(5) If the Magistrates' Court makes an order under subsection (1) or (2), the prosecutor may elect which charge is to be heard first.

(6) The procedure on the separate hearing of a charge is the same in all respects as if the charge had been set out in a separate charge-sheet.

(7) If the Magistrates' Court makes an order for a separate hearing under subsection (1) or (2), the court may make any order for or in relation to the bail of the accused that the court considers appropriate.

Division 2—Diversion program

Adjournment to undertake diversion program

59 Adjournment to undertake diversion program

(1) This section does not apply to—

S. 59(1)(a) amended by No. 56/2013 s. 34(1).

(a) an offence punishable by a minimum or fixed sentence or penalty, including cancellation or suspension of a licence or permit to drive a motor vehicle and disqualification under the Road Safety Act 1986 or the Sentencing Act 1991 from obtaining such a licence or permit or from driving a motor vehicle on a road in Victoria but not including the incurring of demerit points under the Road Safety Act 1986 or regulations made under that Act; or

(b) an offence against section 49(1) of the Road Safety Act 1986 not referred to in paragraph (a).

(2) If, at any time before taking a formal plea from an accused in a criminal proceeding for a summary offence or an indictable offence that may be heard and determined summarily—

(a) the accused acknowledges to the Magistrates' Court responsibility for the offence; and

(b) it appears appropriate to the Magistrates' Court, which may inform itself in any way it considers appropriate, that the accused should participate in a diversion program; and

the Magistrates' Court may adjourn the proceeding for a period not exceeding 12 months to enable the accused to participate in and complete the diversion program.

(3) An accused's acknowledgment to the Magistrates' Court of responsibility for an offence is inadmissible as evidence in a proceeding for that offence and does not constitute a plea.

(4) If an accused completes a diversion program to the satisfaction of the Magistrates' Court—

(a) no plea to the charge is to be taken; and

(b) the Magistrates' Court must discharge the accused without any finding of guilt; and

(c) the fact of participation in the diversion program is not to be treated as a finding of guilt except for the purposes of—

(i) Division 1 of Part 3 and Part 10 of the Confiscation Act 1997; and

(ii) section 9 of the Control of Weapons Act 1990; and

(iii) section 151 of the Firearms Act 1996; and

(iv) Part 4 of the Sentencing Act 1991; and

(d) the fact of participation in the diversion program and the discharge of the accused is a defence to a later charge for the same offence or a similar offence arising out of the same circumstances.

(5) If an accused does not complete a diversion program to the satisfaction of the Magistrates' Court and the accused is subsequently found guilty of the charge, the Magistrates' Court must take into account the extent to which the accused complied with the diversion program when sentencing the accused.

(6) Nothing in this section affects the requirement to observe the rules of natural justice.

(7) This section does not affect the incurring of demerit points under the Road Safety Act 1986 or regulations made under that Act.

Division 3—Sentence indication

S. 60 amended by No. 49/2012 s. 4 (ILA s. 39B(1)).

Court may give sentence indication

60 Court may give sentence indication

(1) At any time during a proceeding for a summary offence or an indictable offence that may be heard and determined summarily, the Magistrates' Court may indicate that, if the accused pleads guilty to the charge for the offence at that time, the court would be likely to impose on the accused—

(a) a sentence of imprisonment that commences immediately; or

(b) a sentence of a specified type.

Section 126 of the Magistrates' Court Act 1989 enables the court to close a proceeding to the public.

S. 60(2) inserted by No. 49/2012 s. 4.

(2) Without limiting its discretion under subsection (1), the Magistrates' Court may decide not to give a sentence indication under subsection (1) if the Magistrates' Court considers there is insufficient information before it of the impact of the offence on any victim of the offence.

Under section 5(2)(daa) of the Sentencing Act 1991, in sentencing an offender a court must have regard to the impact of the offence on any victim of the offence.

Effect of sentence indication

61 Effect of sentence indication

(a) the Magistrates' Court gives a sentence indication under section 60; and

(b) the accused pleads guilty to the charge for the offence at the first available opportunity—

the court, when sentencing the accused for the offence, must not impose a more severe type of sentence than the type of sentence indicated.

(a) the Magistrates' Court gives a sentence indication under section 60; and

(b) the accused does not plead guilty to the charge for the offence at the first available opportunity—

the court that hears and determines the charge must be constituted by a different magistrate, unless all the parties otherwise agree.

(3) A sentence indication does not bind the Magistrates' Court on any hearing before the court constituted by a different magistrate.

(4) A decision to give or not to give a sentence indication is final and conclusive.

(5) An application for a sentence indication and the determination of the application are not admissible in evidence against the accused in any proceeding.

(6) This section does not affect any right to appeal against sentence.

Division 4—Entering a plea

Charge to be read or explained to accused before plea

62 Charge to be read or explained to accused before plea

(1) Subject to subsection (2), the Magistrates' Court must ensure that any charge, as set out in the charge-sheet, is read to the accused or its substance is explained to the accused before the accused is asked to plead to the charge.

(2) It is not necessary that a charge be read, or its substance explained, to an accused who is represented by a legal practitioner if the Magistrates' Court considers it appropriate not to do so.

Legal practitioner may enter plea on behalf of accused

63 Legal practitioner may enter plea on behalf of accused

A legal practitioner appearing for an accused may, on behalf of the accused, enter a plea.

Refusal to plead

64 Refusal to plead

(1) If, when an accused is asked to plead to a charge, the accused will not answer directly to the charge, the Magistrates' Court may order that a plea of not guilty be entered on behalf of the accused.

(2) A plea of not guilty entered under subsection (1) has the same effect as if the accused in fact had pleaded not guilty.

See the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 when an accused is or may be unfit to stand trial.

S. 64A inserted by No. 74/2014 s. 11.

64A

Pleading to course of conduct charge

64A Pleading to course of conduct charge

(1) In this section course of conduct charge has the same meaning as in clause 4A of Schedule 1.

(2) This section applies if an accused, on being asked to plead to a course of conduct charge, informs the court that they—

(a) would plead guilty to the charge if it related only to a specified period falling within the period to which the charge set out in the charge-sheet relates; and

(b) would plead not guilty to the charge insofar as it relates to any other period within the period to which the charge set out in the charge-sheet relates.

(3) If an accused informs the court in accordance with subsection (2) and the court is satisfied that, having regard to that information, it is not appropriate for the accused to be asked to plead to the charge, the court may adjourn the proceeding to allow a fresh charge-sheet to be filed relating only to the specified period referred to in subsection (2)(a).

(4) If a fresh charge-sheet as described in subsection (3) is filed and the accused does not plead guilty to the charge as set out in that charge-sheet, a further fresh charge-sheet may be filed that sets out the original charge or an amended version of that charge.

(5) If the accused does not plead to that charge, the Magistrates' Court may order that a plea of not guilty be entered on behalf of the accused unless it considers that it is not in the interests of justice to do so.

Div 5

Opening addresses

Division 5—Opening addresses

Parties may give opening addresses

65 Parties may give opening addresses

(1) With the leave of the Magistrates' Court and before any evidence is given—

(a) the prosecutor may give an opening address to the court on the prosecution case against the accused; and

(b) the accused may give an opening address to the court in response to the prosecutor's opening address.

(2) The Magistrates' Court may limit the length of the opening addresses.

Div 6

Case for the accused

Division 6—Case for the accused

Accused entitled to respond after close of prosecution case

66 Accused entitled to respond after close of prosecution case

After the close of the case for the prosecution, an accused is entitled—

(a) to make a submission that there is no case for the accused to answer;

(b) to answer the charge by choosing to give evidence or call other witnesses to give evidence or both;

Election when accused is legally represented

67 Election when accused is legally represented

If the accused is represented by a legal practitioner, at the close of the case for the prosecution, the Magistrates' Court may question the legal practitioner to determine which of the options referred to in section 66 the accused elects to take.

Election when accused is not legally represented

68 Election when accused is not legally represented

(1) If the accused is not represented by a legal practitioner, immediately after the close of the case for the prosecution the Magistrates' Court must inform the accused, in a manner that is likely to be understood by the accused that—

(a) the accused has the right to answer the charge and must choose either—

S. 68(1)(a)(i) amended by No. 6/2018 s. 68(Sch. 2 item 38.1).

(i) to give sworn or affirmed evidence, that is, to enter the witness box, take the oath or make an affirmation and say what the accused wants to say in answer to the charge and then to respond to any questions from the prosecution or the court about the evidence of the accused; or

(ii) to say nothing in answer to the charge; and

S. 68(1)(b) amended by No. 6/2018 s. 68(Sch. 2 item 38.1).

(b) in either case, the accused may call any witnesses to give sworn or affirmed evidence for the accused.

(2) After giving the information referred to in subsection (1), the Magistrates' Court must ask the accused what the accused wants to do.

S. 69 (Heading) amended by No. 68/2009 s. 49(b).

Procedure for joint hearings if no-case submission made

69 Procedure for joint hearings if no-case submission made

(1) After the close of the case for the prosecution, an accused who wishes to make a submission that there is no case for the accused to answer must do so at that time.

S. 69(2) amended by No. 68/2009 s. 49(c).

(2) If, after the Magistrates' Court has ruled on all no‑case submissions, charges against 2 or more accused remain to be determined, each accused must advise the court, in response to questioning under section 67 or 68, which of the options referred to in section 66(b) or (c) the accused elects to take.

Questioning to determine proper course of proceeding

70 Questioning to determine proper course of proceeding

(1) If the accused intends to call witnesses to give evidence at the hearing, the accused must indicate, when called on by the Magistrates' Court to do so—

(a) the names of those witnesses (other than the accused); and

(b) the order in which those witnesses are to be called.

(2) The accused must not present the case of the accused differently to the way indicated to the Magistrates' Court under subsection (1) without the leave of the court.

Opening address of accused at beginning of case for the accused

71 Opening address of accused at beginning of case for the accused

(1) If the accused intends to give evidence, or to call other witnesses on behalf of the accused, or both, the Magistrates' Court may grant leave to the accused to open the case for the accused if the court considers it appropriate to do so.

(2) If the accused gives an opening address, it must be given before the accused gives evidence or calls any other witnesses.

(3) The Magistrates' Court may limit the length of the opening address of the accused.

(4) The accused is not required to give evidence before any other witness is called on behalf of the accused.

Evidential burden on accused for exceptions etc.

72 Evidential burden on accused for exceptions etc.

(a) an Act or subordinate instrument creates an offence and provides any exception, exemption, proviso, excuse or qualification, whether it does or does not accompany the description of the offence; and

(b) the accused wishes to rely on the exception, exemption, proviso, excuse or qualification—

the accused must present or point to evidence that suggests a reasonable possibility of the existence of facts that, if they existed, would establish the exception, exemption, proviso, excuse or qualification.

(2) No proof in relation to an exception, exemption, proviso, excuse or qualification is required on the part of the informant unless the accused has presented or pointed to evidence in accordance with subsection (1).

S. 72(3) amended by No. 68/2009 s. 49(d).

(3) If satisfied that it is in the interests of justice to do so, the Magistrates' Court may allow the prosecutor to re-open the case for the prosecution in order to adduce evidence in rebuttal of evidence presented or pointed to by the accused in accordance with subsection (1).

Div 7

Closing addresses

Division 7—Closing addresses

Prosecutor's closing address

73 Prosecutor's closing address

(1) In a hearing under this Part—

(b) before the closing address of the accused, if any, under section 74—

the Magistrates' Court may grant leave, if it is appropriate to do so, to the prosecutor to address the court for the purpose of summing up the evidence.

(2) The Magistrates' Court may limit the length of the closing address of the prosecutor.

Closing address of the accused

74 Closing address of the accused

(1) In a hearing under this Part—

(b) after the closing address of the prosecutor, if any, under section 73—

the Magistrates' Court may grant leave, if it is appropriate to do so, to the accused to address the court for the purpose of summing up the evidence.

(2) The Magistrates' Court may limit the length of the closing address of the accused.

Supplementary address by prosecutor

75 Supplementary address by prosecutor

(1) If, in the closing address of the accused under section 74, the accused asserts facts which are not supported by any evidence that is before the Magistrates' Court, the court may grant leave to the prosecutor to make a supplementary address to the court.

(2) A supplementary address must be confined to replying to the assertion referred to in subsection (1).

(3) The Magistrates' Court may limit the length of a supplementary address.

Div 8

Determination of charge

Division 8—Determination of charge

Option of finding of attempt

76 Option of finding of attempt

In a summary hearing under section 29(1) of a charge for an indictable offence, if the Magistrates' Court finds the accused not guilty of the offence charged, the court may find the accused guilty of having attempted to commit the offence charged.

Div 9

Criminal record

Division 9—Criminal record

Criminal record

77 Criminal record

(1) A criminal record must contain, in relation to each previous conviction—

(a) the date of the previous conviction; and

(b) the court in which the previous conviction took place; and

(d) the offence committed; and

(e) the sentence imposed.

Note to s. 77(1) inserted by No. 81/2011 s. 7(1).

Previous conviction is defined by section 3 to refer only to a conviction or finding of guilt made by a court and does not include an infringement conviction.

(2) If other offences were taken into account when a sentence was imposed in respect of a previous conviction, a criminal record may contain a statement to that effect and the offences taken into account, including the number of offences.

S. 77(2A) inserted by No. 81/2011 s. 7(2).

(2A) A criminal record must contain, in relation to each infringement conviction—

(a) the date on which the infringement notice took effect as a conviction; and

(b) the offence specified in the notice; and

(d) any other penalty that results from the operation of the notice.

A period of cancellation, disqualification or suspension of a licence or permit.

(3) A criminal record is inadmissible as evidence against the person to whom it relates in a proceeding for an offence unless the criminal record is signed by—

S. 77(3)(a) amended by No. 37/2014 s. 10(Sch. item 41.5).

(b) a Crown Prosecutor; or

(d) in the case of a proceeding commenced by an informant—

(i) a person who is entitled to represent the informant and is a legal practitioner; or

(ii) a public official.

S. 78 (Heading) amended by No. 81/2011 s. 8(1).

Proof of previous convictions and infringement convictions by criminal record

78 Proof of previous convictions and infringement convictions by criminal record

(1) If a person is found guilty of an offence in a summary hearing, the prosecution may provide to the court the criminal record, if any, of the person.

S. 78(2) amended by No. 81/2011 s. 8(2).

(2) The court must ask the person whether the person admits the previous convictions and infringement convictions set out in the criminal record.

S. 78(3) amended by No. 81/2011 s. 8(3).

(3) If the person admits to a previous conviction or infringement conviction, the court may sentence the person accordingly.

S. 78(4) amended by No. 81/2011 s. 8(4).

(4) If the person does not admit to a previous conviction or infringement conviction, the prosecution may lead evidence to prove the previous conviction or infringement conviction.

S. 78(5) amended by No. 81/2011 s. 8(5).

(5) A legal practitioner appearing for the person may, on behalf of the person, admit a previous conviction or infringement conviction set out in the criminal record.

1 Section 178 of the Evidence Act 2008 provides for proof of previous convictions by the filing of a certificate.

2 Section 86 of this Act provides for proof of a criminal record in the absence of the accused.

Division 10—Non-appearance of party

79 Non-appearance of informant

If the informant in a criminal proceeding does not appear on the date on which the proceeding is listed for hearing, the Magistrates' Court may—

(a) dismiss the charge; or

(b) adjourn the proceeding on any terms that it considers appropriate.

Section 328 sets out who may appear on behalf of an informant.

Non-appearance of accused charged with summary offence

80 Non-appearance of accused charged with summary offence

(1) If an accused does not appear in answer to a summons to answer to a charge for a summary offence, the Magistrates' Court may—

S. 80(1)(a) amended by No. 68/2009 s. 51(s).

(a) if the summons was served in accordance with section 394 (ordinary service), direct that the accused be served personally with the summons; or

(b) issue a warrant to arrest the accused; or

(d) adjourn the proceeding on any terms that it considers appropriate.

Section 328 sets out who may appear on behalf of an accused.

(2) If an accused has been charged with a summary offence and fails to attend in answer to bail, the Magistrates' Court may—

(a) proceed to hear and determine the charge in the absence of the accused in accordance with this Part; or

(b) adjourn the proceeding on any terms that it considers appropriate—

without prejudice to any right of action arising out of the breach of the bail undertaking.

(3) If the Magistrates' Court proceeds to hear and determine a charge under subsection (1)(c) or (2)(a), the court may dispense with or vary any requirement imposed by or under this Part.

See section 25 for consequences of failing to appear in answer to a notice to appear.

Non-appearance of accused charged with indictable offence

81 Non-appearance of accused charged with indictable offence

If an accused does not appear in answer to a summons to answer to a charge for an indictable offence which has been served in accordance with this Act, the Magistrates' Court may issue a warrant to arrest the accused.

1 Section 25 sets out the consequences of failing to appear in answer to a notice to appear.

2 Section 328 sets out who may appear on behalf of an accused.

82 Non-appearance of corporate accused charged with indictable offence

(1) If a corporate accused does not appear in answer to a summons to answer to a charge for an indictable offence that may be heard and determined summarily, the Magistrates' Court may hear and determine the charge summarily in the absence of the accused if—

(a) the court is satisfied that the charge and the return date in relation to it have been brought to the notice of the accused; and

(b) the court considers that the charge is appropriate to be determined summarily—

even though the accused has not consented to a summary hearing.

(2) If the Magistrates' Court proceeds to hear and determine a charge summarily in accordance with subsection (1), the court may dispense with or vary any requirement imposed by or under this Part.

(3) If the Magistrates' Court finds a corporate accused guilty in its absence, the court must cause written notice of any sentence imposed by it to be served on the accused.

Admissibility of evidence in absence of accused where full brief served

83 Admissibility of evidence in absence of accused where full brief served

S. 83(1)(a) amended by No. 68/2009 s. 8.

(a) under section 25(1) or 80 the Magistrates' Court proceeds to hear and determine a charge in the absence of the accused; and

(b) the informant has served a full brief on the accused in accordance with Division 2 of Part 3.2—

the following are, subject to subsections (2) and (3), admissible as if their contents were a record of evidence given orally—

(d) any exhibit or document referred to in a statement which is admissible.

(2) The Magistrates' Court may rule as inadmissible the whole or any part of a statement or of any exhibit or document referred to in a statement.

S. 83(3) amended by No. 81/2011 s. 9.

(3) The criminal record of the accused or a statement that the accused has no previous convictions or infringement convictions, when served in a full brief, is only admissible for the purpose of sentencing in accordance with section 86.

S. 83(4) amended by Nos 68/2009 s. 8, 6/2018 s. 68(Sch. 2 item 38.1).

(4) Subsection (1) does not limit the power of the Magistrates' Court to proceed to hear and determine the charge in the absence of the accused under section 25(1) or 80 on the basis of sworn or affirmed evidence given by or on behalf of the informant if the informant has not served a full brief on the accused.

Admissibility of evidence in absence of accused where preliminary brief served

84 Admissibility of evidence in absence of accused where preliminary brief served

S. 84(1)(a) amended by No. 68/2009 s. 8.

(a) under section 25(1) or 80 the Magistrates' Court proceeds to hear and determine a charge in the absence of the accused; and

(b) the informant has served a preliminary brief on the accused in accordance with Division 2 of Part 3.2 at least 14 days before the date of the hearing under paragraph (a); and

the following are, subject to subsections (4) and (5), admissible in evidence, despite the rule against hearsay—

(d) the informant's statement in the preliminary brief;

(e) any exhibit referred to in the informant's statement.

(2) Without limiting any other power conferred on the Magistrates' Court, if the court considers that the matters set out in a preliminary brief do not disclose the offence charged, the court may require the informant to provide additional evidence.

(3) The additional evidence referred to in subsection (2) is inadmissible unless—

(a) it is in the form of written statements that comply with section 38; and

(b) a copy of each statement has been served on the accused at least 14 days before the Magistrates' Court considers the additional evidence.

(4) The Magistrates' Court may rule as inadmissible the whole or any part of a preliminary brief, a statement or an exhibit.

S. 84(5) amended by No. 81/2011 s. 10.

(5) The criminal record of the accused or a statement that the accused has no previous convictions or infringement convictions, when served in a preliminary brief, is only admissible for the purpose of sentencing in accordance with section 86.

S. 84(6) amended by Nos 68/2009 s. 8, 6/2018 s. 68(Sch. 2 item 38.1).

(6) This section does not limit the power of the Magistrates' Court to proceed to hear and determine the charge in the absence of the accused under section 25(1) or 80 on the basis of sworn or affirmed evidence given by or on behalf of the informant if the informant has not served a preliminary brief on the accused.

Non-appearance of accused—Infringements Act 2006

85 Non-appearance of accused—Infringements Act 2006

S. 85(1) substituted by No. 47/2014 s. 258(1).

(1) This section applies to an infringement offence within the meaning of the Infringements Act 2006 in respect of which an election to have the matter of the offence heard and determined in the Magistrates' Court under Part 2 of that Act has been made.

S. 85(2) amended by No. 47/2014 s. 258(2).

(2) Without limiting any other power of the Magistrates' Court, if the accused fails to appear and the Magistrates' Court proceeds to hear and determine the charge in the absence of the accused under section 80, the court may hear and determine the charge based on the prescribed information lodged under section 40(1)(a) of that Act (as the case requires).

Proof of criminal record in absence of accused

86 Proof of criminal record in absence of accused

(a) an accused is charged with a summary offence; and

S. 86(1)(b) amended by No. 81/2011 s. 11(1).

(b) it is alleged that the accused has previous convictions or infringement convictions—

there may be served on the accused a copy of the criminal record of the accused.

1 See section 77 as to contents of a criminal record.

2 A copy of the criminal record of the accused is included in the preliminary brief (section 37) or, if a preliminary brief is not served, in the full brief (section 41).

(2) If the Magistrates' Court—

(a) finds the accused guilty in the absence of the accused; and

(b) is satisfied that a copy of the criminal record of the accused was served on the accused at least 14 days before the hearing of the charge—

the criminal record is admissible only for the purpose of sentencing and—

S. 86(2)(c) amended by No. 81/2011 s. 11(2).

(c) is evidence that the accused has the previous convictions and infringement convictions set out in the criminal record; and

(d) is evidence of the particulars set out in the criminal record.

Limitations on sentencing in absence of accused

87 Limitations on sentencing in absence of accused

(1) If the Magistrates' Court proceeds to hear and determine a charge in the absence of the accused and finds the accused guilty, the court must not make a custodial order under Division 2 of Part 3 of the Sentencing Act 1991.

(2) If the Magistrates' Court finds an accused guilty in the absence of the accused on the basis of a preliminary brief—

S. 87(2)(a) amended by Nos 65/2011 s. 107(Sch. item 4.3), 26/2012 s. 74.

(a) the court must not make an order under Part 3B of the Sentencing Act 1991 for a fine exceeding 20 penalty units and the total sum of orders for fines must not exceed in the aggregate 50 penalty units; and

(b) the total sum of orders made under Divisions 1 and 2 of Part 4 of the Sentencing Act 1991 for the payment of restitution or compensation must not exceed $2000.

Note to s. 87(2) amended by No. 65/2011 s. 107(Sch. item 4.4).

In addition to this section, the court cannot make an order that requires the consent of the accused to its making, for example, a community correction order.

(3) If, at any time during the hearing, the Magistrates' Court considers that the charge, if proven, is likely to result in an order prohibited by subsection (1) or (2) or an order that requires the consent of the accused, the court—

(a) must adjourn the proceeding to enable the accused to attend or to be brought before the court to answer to the charge; and

(b) may issue a warrant to arrest the accused.

(4) If the Magistrates' Court finds a charge against a person proved and imposes a sentence in the absence of the person, the court must serve written notice on the person, at the address of the person on the register kept under section 18 of the Magistrates' Court Act 1989, of—

(a) the order of the court; and

(b) their right to apply for a rehearing of the charge.

Part 3.4 provides for a rehearing in certain circumstances. In particular, section 94 provides for automatic rehearing in certain cases.

Part 3.4—Rehearing

88 Right to apply for rehearing

If a sentence is imposed by the Magistrates' Court in a criminal proceeding on a person who did not appear in the proceeding, that person, or the informant on that person's behalf, may apply to the Magistrates' Court for an order that the charge be reheard.

Notice of intention to apply for rehearing

89 Notice of intention to apply for rehearing

A notice of intention to apply for a rehearing must—

(a) state the reason why the person on whom the sentence was imposed did not appear in the proceeding; and

(b) be filed with the registrar at the venue of the Magistrates' Court at which the sentence was imposed.

Service of notice

90 Service of notice

S. 90(1) amended by No. 68/2009 s. 51(t).

(1) If the applicant is the person on whom the sentence was imposed, the applicant must serve on the respondent in accordance with section 392 a copy of the notice under section 89 within 7 days after filing the notice.

S. 90(2) amended by No. 68/2009 s. 51(u).

(2) If the informant makes an application for a rehearing on behalf of the person on whom the sentence was imposed, the informant must serve personally on that person in accordance with section 391 a copy of the notice under section 89 within 7 days after filing the notice.

Stay of sentence etc.

91 Stay of sentence etc.

S. 91(1) amended by No. 56/2013 s. 34(2).

(1) On the filing of a notice under section 89, the sentence (other than an order for the cancellation, suspension or variation of the driver licence or learner permit of the person on whom the sentence was imposed or the disqualification of that person under the Road Safety Act 1986 or the Sentencing Act 1991 from obtaining such a licence or permit or from driving a motor vehicle on a road in Victoria) is stayed until—

(a) the application for rehearing has been heard; and

(b) if a rehearing is granted, the charge has been reheard.

S. 91(2) amended by No. 56/2013 s. 34(3).

(2) If the driver licence or learner permit of the person on whom the sentence was imposed has been cancelled, suspended or varied by order of the Magistrates' Court or that person has been disqualified under the Road Safety Act 1986 or the Sentencing Act 1991 by order of the Magistrates' Court from obtaining such a licence or permit or from driving a motor vehicle on a road in Victoria, the applicant may, on or after the filing of a notice under section 89, apply for a stay of the order pending the determination of the rehearing.

S. 91(3) amended by Nos 68/2009 s. 51(v), 56/2013 s. 34(4).

(3) An applicant under subsection (2) (other than an informant who is making the application on behalf of the person whose driver licence or learner permit has been cancelled, suspended or varied or who has been disqualified as mentioned in subsection (2)) must serve on the informant in accordance with section 392 written notice of the application at least 7 days before making the application.

S. 91(4) amended by No. 56/2013 s. 34(5).

(4) On an application under subsection (2), the Magistrates' Court may order that the order for the cancellation, suspension or variation of the person's driver licence or learner permit or the order for the disqualification of the person from obtaining such a licence or permit or from driving a motor vehicle on a road in Victoria be stayed until—

(a) the application for rehearing has been heard; and

(b) if a rehearing is granted, the charge has been reheard.

S. 91(5) inserted by No. 56/2013 s. 34(6).

(5) The Magistrates' Court must cause particulars of a stay under subsection (4) to be sent immediately to the Corporation.

S. 91(6) inserted by No. 56/2013 s. 34(6).

(6) In this section driver licence and learner permit have the same meanings as in the Road Safety Act 1986.

Court may order rehearing

92 Court may order rehearing

On an application under section 88, the Magistrates' Court may set aside any findings and orders made in the earlier proceeding subject to any terms and conditions that it thinks just and rehear the charge.

Failure to appear on application

93 Failure to appear on application

If an applicant fails to appear at the time fixed for the hearing of an application under section 88 and the application is struck out, the applicant may reapply under that section only if the applicant first obtains the leave of the Magistrates' Court.

Automatic rehearing in certain cases

94 Automatic rehearing in certain cases

(1) On an application under section 88, if—

S. 94(1)(a) amended by No. 68/2009 s. 51(w).

(a) the charge-sheet was served in accordance with section 394 (ordinary service); and

(b) the Magistrates' Court is satisfied that the charge-sheet was not brought to the notice of the applicant prior to the hearing of the charge—

the court must set aside any findings and orders made in the earlier proceeding and rehear the charge.

(2) If a person is served with a notice under section 87(4) and applies under section 88 for a rehearing of the charge within 28 days after the date of service of the notice, the Magistrates' Court must set aside the findings and orders made in the earlier proceeding and rehear the charge.

Chapter 4—Committal proceeding

Part 4.1—Preliminary

95 Definition

In this Chapter—

the registrar means the registrar at the venue of the Magistrates' Court at which a committal proceeding is, or is to be, held.

When a committal proceeding must be held

96 When a committal proceeding must be held

A committal proceeding must be held in all cases in which the accused is charged with an indictable offence, except cases where—

(a) a direct indictment is filed; or

(b) the charge is heard and determined summarily.

Purposes of a committal proceeding

97 Purposes of a committal proceeding

The purposes of a committal proceeding are—

(a) to determine whether a charge for an offence is appropriate to be heard and determined summarily;

S. 97(b) repealed by No. 5/2025 s. 3.

(d) to ensure a fair trial, if the matter proceeds to trial, by—

(i) ensuring that the prosecution case against the accused is adequately disclosed in the form of depositions;

(ii) enabling the accused to hear or read the evidence against the accused and to cross-examine prosecution witnesses;

S. 97(d)(iii) repealed by No. 5/2025 s. 3.

(iv) enabling the accused to adequately prepare and present a case;

(v) enabling the issues in contention to be adequately defined.

When a committal proceeding commences

98 When a committal proceeding commences

A committal proceeding commences on the commencement of a filing hearing.

1 See section 6(1) as to when a criminal proceeding is commenced.

2 Section 102 provides for the fixing of a date for a filing hearing.

S. 99 repealed by No. 48/2018 s. 20.

100

Hearings in a committal proceeding and attendance of accused

100 Hearings in a committal proceeding and attendance of accused

(1) The hearings that may be held in a committal proceeding are—

(a) a filing hearing;

(b) a special mention hearing;

(d) a committal mention hearing;

(e) a committal case conference;

S. 100(1)(f) amended by No. 48/2018 s. 21(1).

(f) subject to subsection (1A), a committal hearing.

S. 100(1A) inserted by No. 48/2018 s. 21(2), substituted by No. 5/2025 s. 24.

(1A) A committal hearing is not to be held in—

(b) a committal proceeding in which Part 4.6A requires the Magistrates' Court to commit the accused for trial in the Supreme Court.

Section 125(1)(a) provides for the Magistrates' Court to determine a committal proceeding in accordance with Part 4.6A at a committal mention hearing.

(2) An accused must attend all hearings in the committal proceeding against the accused unless excused under—

(a) section 135, in the case of a committal hearing; or

(b) section 330, in any other case.

Part 4

2—Filing hearing

Part 4.2—Filing hearing

101

Filing hearing

101 Filing hearing

At a filing hearing, the Magistrates' Court may—

(a) fix a date for a committal mention hearing;

(b) fix a period of time for service of a hand-up brief;

102

Time limit for filing hearing

102 Time limit for filing hearing

The date fixed for a filing hearing must be—

(a) within 7 days after the charge-sheet is filed, if the accused has been arrested and either remanded in custody or granted bail; or

(b) within 28 days after the charge-sheet is filed, if a summons to answer to a charge is issued in respect of the accused.

Part 4.3—Compulsory examination

103

Application for order

103 Application for order

(1) Subject to this section, an informant may apply for an order under section 104(1).

(2) An application under subsection (1) may only be made—

(a) after a charge-sheet has been filed against the accused in relation to the matter to which the proposed examination relates; and

(b) subject to subsection (3), before the committal hearing, if any, commences.

(3) An application under subsection (1) may be made after the committal mention hearing only if the Magistrates' Court is satisfied that it is in the interests of justice to allow the making of the application at that time.

(4) On an application under subsection (1), the informant must advise the Magistrates' Court of the following information—

(a) whether the person sought to be examined has been asked by the prosecution to make a statement and has refused to do so; and

(b) whether the informant is aware of whether the person sought to be examined has obtained legal advice concerning the proposed examination; and

(c) whether the person sought to be examined is or has been a suspect with respect to the matter to which the proposed examination relates; and

(d) whether the person sought to be examined has been made aware of the application; and

(e) any other information prescribed by the rules of court.

(5) An application under subsection (1) may be made with or without notice to the accused.

(6) If the person sought to be examined in an application under subsection (1) is or has been a suspect with respect to the matter to which the proposed examination relates, the informant must give reasonable notice of the application to the person, or a legal practitioner representing the person, whether or not—

(a) a charge-sheet against the person has been filed; or

(b) a charge against the person has been determined.

(7) The accused—

(a) is not a party to an application under subsection (1); and

(b) may not address the court on the application.

104

Order for compulsory examination hearing

104 Order for compulsory examination hearing

(1) On the application of the informant, the Magistrates' Court may make an order requiring a person to attend before the court on a date fixed by the court for the purpose of being examined by or on behalf of the informant or producing a document or thing or both.

(2) The Magistrates' Court may make an order under subsection (1) if it is satisfied that it is in the interests of justice to do so.

(3) The Magistrates' Court may set aside an order under subsection (1) at any time, whether on its own motion or on the application of the informant or the person sought to be examined.

105

Notice of compulsory examination order to be served

105 Notice of compulsory examination order to be served

(1) The informant must serve notice of an order made under section 104(1) on—

(a) the person to whom the order relates; and

(b) the accused.

(2) The notice must—

(a) be in the form prescribed by the rules of court; and

S. 105(2)(b) amended by No. 68/2009 s. 51(x).

(b) be served personally on the person to whom the order relates in accordance with section 391.

(3) Section 134(1) of the Magistrates' Court Act 1989 (contempt of court) applies to a person ordered to attend the Magistrates' Court under section 104(1) as if—

(a) the person had been summoned as a witness and had been given or tendered any conduct money required to be given or tendered; and

(b) the order were a summons.

106

Compulsory examination hearing

106 Compulsory examination hearing

(1) A person ordered under section 104(1) to attend the Magistrates' Court for a compulsory examination hearing—

(a) may be represented at the hearing by a legal practitioner; and

(b) may address the court personally or through the legal practitioner.

(2) The evidence of a witness at a compulsory examination hearing must be—

S. 106(2)(a) amended by No. 6/2018 s. 68(Sch. 2 item 38.1).

(a) sworn or affirmed and given by way of examination-in-chief; and

(b) recorded in the same manner as evidence at a committal hearing.

(3) The accused may attend a compulsory examination hearing.

(4) At a compulsory examination hearing, if the Magistrates' Court determines that there are exceptional circumstances, the accused may address the court personally or through a legal practitioner representing the accused but may not cross-examine a witness.

(5) Nothing in this section excludes or limits the operation of any other law as to the competence or compellability of a witness to give evidence.

Part 4.4—Pre-hearing disclosure of prosecution case

107

Informant must serve hand-up brief

107 Informant must serve hand-up brief

(1) Subject to subsection (2), the informant must serve on the accused a hand-up brief that complies with section 110.

(2) The informant is not required to serve a hand-up brief if he or she has served a plea brief under section 116 and the accused pleads guilty to the charge.

S. 107(3) amended by No. 81/2011 s. 12.

(3) At the same time as the hand-up brief is served, the informant must serve on the accused a copy of the criminal record of the accused or a statement that the accused has no previous convictions or infringement convictions.

108

How hand-up brief must be served

108 How hand-up brief must be served

(1) A hand-up brief must be served at least 42 days before the committal mention hearing unless—

(a) the Magistrates' Court fixes another period for service; or

(b) the accused gives written consent to a lesser period for service.

S. 108(2) amended by No. 68/2009 s. 51(y).

(2) A hand-up brief must be served personally on the accused in accordance with section 391 unless the informant is satisfied that ordinary service is appropriate in all the circumstances.

Note to s. 108(2) amended by No. 68/2009 s. 51(z).

(3) In considering whether to effect service of the hand-up brief by ordinary service, the informant must consider whether it is an appropriate method of service in all the circumstances as known by the informant including—

109

Copy hand-up brief to be filed and forwarded to DPP

109 Copy hand-up brief to be filed and forwarded to DPP

The informant must file a copy of the hand-up brief with the registrar, and, if the DPP is conducting the committal proceeding, forward another copy to the DPP, within 7 days after service of the brief on the accused.

S. 110 amended by Nos 68/2009 s. 10(a), 5/2025 s. 32 (ILA s. 39B(1)).

110

Contents of hand-up brief

110 Contents of hand-up brief

(1) A hand-up brief must contain—

(a) a notice in the form prescribed by the rules of court—

(i) specifying the date of the committal mention hearing; and

(ii) explaining the nature of a committal proceeding and the purpose of the various stages; and

(iii) explaining the importance of the accused obtaining legal representation; and

(iv) advising that the accused has the right, if eligible, to legal aid under the Legal Aid Act 1978; and

(v) providing details of how to contact Victoria Legal Aid; and

(vi) describing the effect of section 125(2); and

(b) a copy of the charge-sheet relating to the alleged offence; and

S. 110(1)(ba) inserted by No. 32/2024 s. 818.

(ba) if applicable, a copy of the record of reasons; and

(d) any information, document or thing on which the prosecution intends to rely in the committal proceeding including—

(i) a copy of any statement relevant to the charge signed by the accused, or a record of interview of the accused, that is in the possession of the informant; and

(ii) a copy, or a transcript, of any audio‑recording or audiovisual recording required to be made under Subdivision (30A) of Division 1 of Part III of the Crimes Act 1958; and

(iii) a copy or statement of any other evidentiary material that is in the possession of the informant relating to a confession or admission made by the accused relevant to the charge; and

(iv) a list of the persons who have made statements that the informant intends to tender at the committal hearing, together with copies of those statements; and

(v) if a person has been examined under section 106 and the informant intends to tender a record of that examination at the committal hearing, a transcript of the recording of the examination; and

S. 110(1) (d)(va) inserted by No. 55/2014 s. 168(a).

(va) if a person has been examined under Part 4 of the Major Crime (Investigative Powers) Act 2004 and the informant intends to tender a record of that examination at the committal hearing, a transcript of the recording of the examination; and

S. 110(1)(d)(vi) amended by No. 68/2009 s. 10(b).

(vi) if the committal proceeding relates (wholly or partly) to a charge for—

(A) a sexual offence; or

(B) an offence which involves an assault on, or injury or a threat of injury to, a person—

a transcript of any audio or audiovisual recording of a kind referred to in section 367, if the informant intends to tender the transcript at the committal hearing; and

(vii) a legible copy of any document which the prosecution intends to produce as evidence; and

(viii) a list of any things the prosecution intends to tender as exhibits; and

(ix) a clear photograph, or a clear copy of such a photograph, of any proposed exhibit that cannot be described in detail in the list; and

(x) a description of any forensic procedure, examination or test that has not yet been completed and on which the prosecution intends to rely as tending to establish the guilt of the accused; and

(e) any other information, document or thing in the possession of the prosecution that is relevant to the alleged offence including—

(i) a list of the persons (including experts) who have made statements relevant to the alleged offence which the prosecution does not intend to tender at the committal hearing; and

(iii) a copy of every document relevant to the alleged offence that the prosecution does not intend to tender as an exhibit or a list of those documents; and

(iv) a list containing descriptions of any things relevant to the alleged offence that the prosecution does not intend to tender as exhibits; and

(v) a clear photograph, or a clear copy of such a photograph, of any thing relevant to the alleged offence that cannot be described in detail in the list; and

(vi) a copy of—

(A) records of any medical examination of the accused; and

(B) reports of any forensic procedure or forensic examination conducted on the accused; and

carried out on behalf of the prosecution and relevant to the alleged offence but on which the prosecution does not intend to rely; and

S. 110(1) (e)(vii) inserted by No. 1/2022 s. 11.

(vii) subject to section 32C of the Evidence (Miscellaneous Provisions) Act 1958, a copy of any information, document or thing that is relevant to the credibility of a witness for the prosecution; and

S. 110(1)(f) amended by No. 37/2014 s. 10(Sch. item 41.5).

(f) if the committal proceeding relates (wholly or partly) to a charge for a sexual offence, a copy of every statement made by the complainant to any police officer that relates to the alleged offence and contains an acknowledgment of its truthfulness; and

(g) a copy of, or a list of, any other information, documents or things required by the rules of court to be included in a hand-up brief.

S. 110(2) inserted by No. 5/2025 s. 32.

(2) For the purposes of subsection (1), relevant includes, in relation to information, documents and things, any information, document or thing that might reasonably be expected to—

(a) undermine the case for the prosecution; or

(b) assist the case for the accused.

Note to s. 110 amended by No. 68/2009 s. 51(za).

S. 110A inserted by No. 1/2022 s. 6.

More sections below

Source text: opening excerpt

Sourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.

1 Criminal Procedure Act 2009

Version No. 111

Criminal Procedure Act 2009

No. 7 of 2009

Version incorporating amendments as at
1 April 2026

table of provisions

Section Page

Chapter 1—Preliminary 1

1 Purposes 1

2 Commencement 2

3 Definitions 3

4 Meaning of sexual offence 18

Chapter 2—Commencing a criminal proceeding 21

Part 2.1—Ways in which a criminal proceeding is commenced 21

5 How a criminal proceeding is commenced 21

Part 2.2—Charge-sheet and listing of matter 22

6 Commencement of a criminal proceeding in the Magistrates' Court 22

7 Time limits for filing a charge-sheet 23

7A Time limits on prosecuting certain former sexual offences removed 23

7B Uncertainty about time when sexual offence occurred 25

8 Order for amendment of charge-sheet 26

9 Errors etc. in charge-sheet 27

10 Listing of matter for mention hearing or filing hearing in the Magistrates' Court 27

11 Place of hearing 28

Part 2.3—Notifying accused of court appearance 30

Division 1—Summons or warrant to arrest 30

12 Court may issue summons or warrant to arrest 30

13 Summons or warrant to be accompanied by charge‑sheet and notice when served 31

14 Police or public official may issue summons 32

15 Contents of summons 33

16 Personal service of summons 34

17 Summons for summary offence may be served by ordinary service 34

17A Service of summons for traffic camera offence 35

18 Informant must nominate address etc. for service of documents 36

19 Extension of return date if summons not served 36

20 Adjournment of proceeding on application of accused 37

Division 2—Notice to appear 37

21 Police or public official may serve notice to appear 37

22 Notice to appear lapses unless charge-sheet filed within 14 days 38

23 Notice to be given on lapsing 39

24 Preliminary brief to be served if charge-sheet filed 39

25 Non-appearance of accused served with notice to appear 40