Victorian Consolidated Legislation

Crimes Act 1958 - SECT 359A

Time limit on certain prosecutions

359A. Time limit on certain prosecutions



(1) Subject to this section, but notwithstanding anything else to the contrary
in this or any other Act or any rule of law, where-

   (a)  a person is, after a committal proceeding in the Magistrates' Court,
        directed to be tried for an alleged offence against section 38, 39,
        44, 45, 47, 47A, 51, 52 or 57 or for an attempt to commit any such
        offence or for an assault with intent to commit any such offence; or





   (b)  a person is charged on indictment or presentment with an alleged
        offence referred to in paragraph (a) or for an attempt to commit any
        such offence or for an assault with intent to commit any such offence
        without a committal proceeding having previously been held before the
        Magistrates' Court in respect of the alleged offence-

the trial of the person for the alleged offence shall not be commenced more
than three months after the person is directed to be tried or the charge is
made (as the case may be).

(2) The Supreme Court or, if a person is to be tried before the County Court,
the County Court may if it thinks fit at any time and notwithstanding that the
period fixed by subsection (1) has expired grant an extension of the period,
being an extension for a period not exceeding three months.

(2AA) The trial of a person that relates (wholly or partly) to a charge for a
sexual offence in relation to which the complainant was a child or a person
who had a cognitive impairment at the time at which the legal proceeding
commenced, must commence, and the jury must be empanelled, not more than three
months after the person is directed to be tried or the person is charged on
indictment or presentment with the alleged offence.

Notes 1. See section 41G of the Evidence Act 1958 regarding the requirement to
hold a special hearing. 2. See section 26 of the Magistrates' Court Act 1989
in relation to the commencement of a proceeding.

(2AAB) The court may grant an extension of the period referred to in
subsection (2AA) if the court is satisfied that it is in the interests of
justice to do so.

(2AAC) The court may grant an extension of the period referred to in
subsection (2AA) whether or not the time has expired, being an extension for a
period not exceeding three months.

(2A) It is not necessary to make an application under subsection (2) or (2AA)
for an extension of time if a ruling made, or direction given, by the court
provides for the extension.



(3) More than one extension of time may be granted under subsection (2) or
(2AA) in relation to the commencement of the trial of an accused.

(4) An application for an extension of time under subsection (2) or (2AA) may
be made to the court orally.



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



(6) For the purposes of subsection (2AA), sexual offence means an offence
under Subdivision (8A), (8B), (8C), (8D) or (8E) of Division 1 of Part I or
under any corresponding previous enactment or an attempt to commit any such
offence or an assault with intent to commit any such offence.