Victorian Consolidated Legislation

Crimes Act 1958 - SECT 353

Presentments

353. Presentments



(1) Subject to the provisions hereinbefore contained and to subsection (2) and
to the Public Prosecutions Act 1994, the Director of Public Prosecutions or
any Crown Prosecutor in the name of the Director of Public Prosecutions may
make presentment at the Supreme Court or County Court of any person for any
indictable offence cognisable by such courts respectively, and every such
presentment may be in the form contained in the Third Schedule or to that
effect and shall be as good and of the same force strength and effect in the
law as if the same had been presented and found by the oaths of twelve men.

(2) Subject to subsection (5), where in respect of any indictable offence a
person has been committed for trial-

   (a)  a presentment referred to in subsection (1) shall be made;

   (b)  an indictment shall be laid;





   (c)  a charge shall be filed; or





   (d)  a notice of trial or of intention to prefer a presentment shall be
        given to the person by or on behalf of the Director of Public
        Prosecutions or a Crown Prosecutor-

in respect of the offence within the period prescribed by the regulations made
under this Act.

(2A) A copy of a presentment of a person for an indictable offence shall be
served on the person in accordance with rules of court.

(2B) If the body corporate on whom a copy of a presentment is to be served
under subsection (2A) has not been served with a notice in relation to that
offence under clause 24AA(1) of Schedule 5 to the Magistrates' Court Act 1989,
the Director of Public Prosecutions must ensure that there is served with the
copy a notice stating-

   (a)  the date and time at which the body corporate must appear, by a
        representative or a legal practitioner, at its arraignment; and





   (b)  that if the body corporate does not appear at its arraignment the
        trial court may in its absence proceed with the trial and proceed to
        hear and determine a summary offence pursuant to section 359AA(2).

(3) The trial of the person referred to in subsection (2) shall be commenced
within the period prescribed by the regulations made under this Act.

(4) A regulation made under subsection (2) or (3) is subject to disallowance
by a House of the Parliament.





(5) The Supreme Court or the County Court may if it thinks fit at any time and
notwithstanding that the period prescribed under subsection (2) or (3) (as the
case may be) has expired grant an extension of the period.





(5A) It is not necessary to make an application under subsection (5) for an
extension of time if a ruling made, or direction given, by the court provides
for the extension.

(6) More than one extension of time may be granted under subsection (5) in
relation to subsection (2) or (3) (as the case may be).

(6A) An application for an extension of time under subsection (5) may be made
to the court orally.



(6B) Unless the court otherwise orders, no material in support of the
application need be filed.



* * * * *





(7) If a person has been committed for trial in respect of an offence which
may be tried in the County Court, the Director of Public Prosecutions or any
Crown Prosecutor in the name of the Director of Public Prosecutions may make
presentment at either the Supreme Court or the County Court.

(8) In determining at which court to make presentment the Director of Public
Prosecutions or a Crown Prosecutor must have regard to-

   (a)  the complexity of the case; and

   (b)  the seriousness of the alleged crime; and

   (c)  any particular importance attaching to the case; and

   (d)  any other consideration that he or she regards as relevant.