Victorian Consolidated Legislation

Crimes Act 1958 - SECT 354

Indictments

354. Indictments



Upon the application of any person supported by an affidavit disclosing an
indictable offence and either that the same has been committed by some body
corporate or that a court has declined or refused to commit or hold to bail
the alleged offender or that no presentment was made against him at the court
at which the trial would in due course have taken place, or upon the
application of the Director of Public Prosecutions, it shall be lawful for the
Full Court to order the Juries Commissioner to summon a grand jury to appear
at a court to be holden at a time and place to be mentioned in the order; and
upon receipt of such order the Juries Commissioner shall summon not less than
twenty-three men to attend at such court at the time and place aforesaid to
inquire present do and execute all things which on the part of the Queen shall
then and there be commanded of them, and such men shall be taken from the jury
roll of the jury district in which such place is situate and at the time and
place aforesaid the sai d Juries Commissioner shall bring into court the said
order with the name, occupation and date of birth of every grand juror written
on a panel signed by him and sealed with his seal of office and shall deliver
the said panel to the proper officer of the said court, who shall in open
court call aloud the names of the grand jurors on the said panel one after
another, and the twenty-three men so first drawn and appearing or if
twenty-three men shall not appear such of them as do appear not being less
than twelve men shall be the grand jury and shall be sworn and act as such
accordingly:

Provided always that every such order shall be delivered to the Juries
Commissioner ten days before the day on which the indictment is intended to be
preferred.



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(2) Discharge without prosecution