Victorian Consolidated Legislation

Crimes Act 1958 - SECT 322D

Transitional provisions

322D. Transitional provisions



(1) This Part, insofar as it affects any matter of procedure or evidence or
the jurisdiction or powers of any court in relation to indictable offences,
shall have effect in relation to proceedings on indictment or presentment for
an offence (except as provided by the following subsections of this section)
if, but only if, the person charged with the offence is arraigned after the
commencement of this Part.

(2) Where a person is arraigned after the commencement of this Part on
indictment or presentment for a felony committed before that commencement, the
offence shall for the purposes of his trial on that indictment or presentment
be deemed always to have been a misdemeanour and, notwithstanding that the
indictment or presentment is framed for felony, shall be deemed to be charged
as a misdemeanour.

(3) On an indictment or presentment found or made before the commencement of
this Part a person may notwithstanding subsection (2) be found guilty of any
offence of which he could have been found guilty on the indictment or
presentment if the Crimes (Classification of Offences) Act 1981 had not come
into operation, but not of any other offence.