Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 10

Listing of matter for mention hearing or filing hearing in the Magistrates' Court

10. Listing of matter for mention hearing or filing hearing in the
Magistrates' Court



(1) If a charge-sheet contains a charge for a summary offence, the proceeding
must be listed for a mention hearing.

(2) Subject to subsection (3), if a charge-sheet contains a charge for an
indictable offence that may be heard and determined summarily, the proceeding
may be listed for a mention hearing or a filing hearing, having regard to any
request for a committal proceeding included on the charge-sheet.

(3) If a notice to appear is served under section 21 and a charge-sheet is
filed in accordance with section 22, the proceeding must be listed for a
mention hearing on the date specified in the notice to appear.

(4) Despite subsections (1) and (2), if a charge-sheet contains a charge for
an indictable offence that is not an indictable offence that may be heard and
determined summarily, the proceeding must be listed for a filing hearing.

Notes 1. A mention hearing is the first hearing for a charge that will be
heard and determined summarily. 2. A filing hearing is the first stage in a
committal proceeding under Chapter 4. 3. Section 28(1) sets out the indictable
offences that may be heard and determined summarily.