Victorian Consolidated Legislation

Crimes Act 1958 - SECT 360A

Adjournment or stay of trial

360A. Adjournment or stay of trial



(1) Subject to subsection (2) and despite any rule of law to the contrary, if-

   (a)  a person is committed for trial; or

   (b)  a presentment has been filed-

the fact that an accused has been refused legal assistance in respect of a
trial is not a ground for an adjournment or stay of the trial.

(2) If a court is satisfied at any time before or during the trial that-

   (a)  it will be unable to ensure that the accused will receive a fair trial
        unless the accused is legally represented in the trial; and





   (b)  the accused is in need of legal assistance because he or she is unable
        to afford the full cost of obtaining from a private law practice or
        private legal practitioner legal representation in the trial-

the court may order Victoria Legal Aid to provide assistance to the accused,
on any conditions specified by the court, and may adjourn the trial until such
assistance has been provided.

(3) Despite anything in the Legal Aid Act 1978, Victoria Legal Aid must
provide legal representation in accordance with an order under subsection (2).

(4) Despite anything to the contrary in subsection (2)-



   (a)  if the court is satisfied that, in relation to the trial, the accused
        has engaged in vexatious or unreasonable conduct that has contributed
        to the accused's inability to afford the full cost of obtaining from a
        private law practice or private legal practitioner legal
        representation in the trial, the court may refuse to make an order
        under subsection (2);

   (b)  the legal burden of proof for the purposes of subsection (2)(b) that
        the accused is unable to afford the full cost of obtaining legal
        representation rests on the accused;

   (c)  for the purposes of proving under subsection (2)(b) that the accused
        is unable to afford the full cost of obtaining legal representation,
        regard must be had to property-

   (i)  that is subject to the effective control of the accused (whether or
        not the accused has an interest in it); or

   (ii) in which the accused has an interest- as determined in accordance with
        section 9 or 10 of the Confiscation Act 1997;

   (d)  a reference in subsection (2) to the provision of assistance to the
        accused is a reference to the provision of legal representation;

   (e)  the conditions that may be specified by the court under subsection (2)
        do not include conditions relating to the identity, number or
        remuneration of persons representing the accused;

   (f)  the court must give Victoria Legal Aid an opportunity to appear and be
        heard before an order is made under subsection (2).

(5) Despite anything to the contrary in section 17A of the
Supreme Court Act 1986, Victoria Legal Aid may appeal to the Court of Appeal,
with leave of the Court of Appeal, from an order under subsection (2) of the
Trial Division constituted by a Judge.

(6) This section, as amended by section 6 of the Crimes (Amendment) Act 1998,
applies to and with respect to an order made by a court under subsection (2)
of this section after the commencement of that section, whether proceedings
relating to the relevant trial commenced before or after that commencement.

(7) In this section, private law practice and private legal practitioner have
the same meaning as in the Legal Aid Act 1978.



(6) Removal of accused persons to and from prison