Victorian Consolidated Legislation

Crimes Act 1958 - SECT 372

Orders for amendment of presentment, separate trial etc.

372. Orders for amendment of presentment, separate trial etc.



(1) Where before trial or at any stage of a trial it appears to the court that
the presentment is defective the court shall make such order for the amendment
of the presentment as the court thinks necessary to meet the circumstances of
the case unless having regard to the merits of the case the required
amendments cannot be made without injustice.

(2) Where a presentment is so amended a note of the order for amendment shall
be indorsed on the presentment and the presentment shall be treated for the
purposes of the trial and for the purposes of all proceedings in connexion
therewith as having been made in the amended form.



(3) Where before trial or at any stage of a trial the court is of opinion that
a person accused may be prejudiced or embarrassed in his defence by reason of
being charged with more than one offence in the same presentment or that for
any other reason it is desirable to direct that the person should be tried
separately for any one or more offences charged in a presentment the court may
order a separate trial of any count or counts of such presentment.

(3AA) Despite subsection (3) and any rule of law to the contrary, if, in
accordance with this Act, 2 or more counts charging sexual offences are joined
in the same presentment, it is presumed that those counts are triable
together.

(3AB) The presumption created by subsection (3AA) is not rebutted merely
because evidence on one count is inadmissible on another count.

(3AC) In subsection (3AA) sexual offence means-

   (a)  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; or

   (b)  an offence to which clause 1 of Schedule 1 to the Sentencing Act 1991
        applies.

(3A) Where a presentment contains a count of conspiracy to commit an offence
and another count alleging the commission of that offence, the court shall,
unless it is of the opinion that to try those counts together would be in the
interests of justice, order that the count of conspiracy shall be tried
separately from the other count, and the prosecution may elect which count
shall be tried first.

(4) Where before trial or at any stage of a trial the court is of opinion that
the postponement of the trial of a person accused is expedient as a
consequence of the exercise of any power of the court under this Act to amend
a presentment or to order a separate trial of a count, the court shall make
such order as to the postponement of the trial as appears necessary.

(5) Where an order of the court is made under this section for a separate
trial or for the postponement of a trial-

(a) if such an order is made during a trial the court may order that any jury
sworn be discharged from giving a verdict on the count or counts the trial of
which is postponed or on the presentment (as the case may be) and that an
indorsement be made on the presentment "Jury discharged from giving a
verdict"; and

   (b)  the procedure on the separate trial of a count shall be the same in
        all respects as if the count had been set out in a separate
        presentment and the procedure on the postponed trial shall be the same
        in all respects (if the jury have been discharged) as if the trial had
        not commenced; and

   (c)  the court may make such order as to admitting the accused person to
        bail, and as to the enlargement of recognisances and otherwise as the
        court thinks fit.