CRIMINAL PROCEDURE ACT 2009 - SECT 11 Place of hearing

CRIMINAL PROCEDURE ACT 2009 - SECT 11

    (1)     A criminal proceeding in the Magistrates' Court is to be heard at the venue of the court that is nearest to—

        (a)     the place where the offence is alleged to have been committed; or

        (b)     the place of residence of the accused—

except where otherwise provided by this or any other Act or by a nomination under subsection (2).

Note to s. 11(1) amended by No. 33/2018 ss 38, 46.

Note

Part 2 of the Magistrates' Court Act 1989 sets out the special requirements for matters that may be heard in the various Divisions of the Magistrates' Court: the Drug Court Division, the Koori Court Division, the Specialist Family Violence Court Division and the Neighbourhood Justice Division.

    (2)     The Chief Magistrate may from time to time, by notice published in the Government Gazette, nominate a venue of the Magistrates' Court as a venue for the hearing of a specified criminal proceeding or a specified class of criminal proceeding.

    (3)     A criminal proceeding in the Magistrates' Court is not invalid only because it was conducted at a venue of the court other than the venue referred to in subsection (1) or nominated under subsection (2).

Part 2.3—Notifying accused of court appearance

Division 1—Summons or warrant to arrest