Victorian Consolidated Legislation

County Court Act 1958 - SECT 36A

Criminal jurisdiction of County Court

36A. Criminal jurisdiction of County Court



(1) The court shall have jurisdiction to inquire into hear and determine and
adjudge all indictable offences (whether committed before or after the
commencement of the County Court (Jurisdiction) Act 1968) save and except the
offences following (that is to say)-

   (a)  treason and misprision of treason;

   (b)  the offences referred to in sections 3, 10, 11 and 13 of the
        Crimes Act 1958 and the offence referred to in section 130 of that Act
        of burglariously breaking and entering a dwelling house and assaulting
        with intent to murder a person therein;

   (c)  attempts to murder;



* * * * *

   (e)  unlawful combinations and conspiracies to commit any offence which
        when committed by one person is triable only in the Supreme Court;

   (f)  offences which by any Act cannot be prosecuted or tried in
        the County Court.









(2) Subject to subsection (1) and unless otherwise expressly provided
the County Court shall have jurisdiction and powers with respect to indictable
offences and the trial thereof as fully and amply to all intents and purposes
as the Supreme Court of Victoria in like matters and the general principles of
practice and procedure observed for the time being in the Supreme Court of
Victoria with respect to the trial or determination of indictable offences
shall be adopted and applied in the County Court.

(3) The court has the same jurisdiction, and may exercise the same powers and
authority, to grant an injunction in a criminal proceeding restraining a
person from publishing any material or doing any other thing to ensure the
fair and proper conduct of the proceeding as the Supreme Court has and may
exercise in respect of a criminal proceeding in the Supreme Court.

(4) The power of the court referred to in subsection (3) is exercisable by
making an order, whether interlocutory or final, either unconditionally or on
such terms and conditions as the court thinks just.

(5) Nothing in subsection (3) limits subsection (2) or section 54 or 80.



Division 2-Civil jurisdiction