Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 29

When an indictable offence may be heard and determined summarily

29. When an indictable offence may be heard and determined summarily



(1) The Magistrates' Court may hear and determine summarily a charge for an
offence to which section 28(1) applies if-

   (a)  the court considers that the charge is appropriate to be determined
        summarily, having regard to the matters in subsection (2); and

   (b)  the accused consents to a summary hearing.

Notes 1. Section 82 provides for a summary hearing without consent in the case
of a corporate accused which fails to appear in answer to a summons. 2.
Section 168(3) provides that a charge transferred by order under that section
must be heard and determined summarily.

(2) For the purposes of subsection (1)(a), the Magistrates' Court must have
regard to-

   (a)  the seriousness of the offence including-

   (i)  the nature of the offence; and

   (ii) the manner in which the offence is alleged to have been committed, the
        apparent degree of organisation and the presence of aggravating
        circumstances; and

   (iii) whether the offence forms part of a series of offences being alleged
        against the accused; and

   (iv) the complexity of the proceeding for determining the charge; and

   (b)  the adequacy of sentencing orders available to the court, having
        regard to the criminal record of the accused; and

   (c)  whether a co-accused is charged with the same offence; and

   (d)  any other matter that the court considers relevant.

(3) A legal practitioner appearing for an accused may, on behalf of the
accused, consent to a summary hearing of a charge for an indictable offence.

(4) Nothing in subsection (2) applies to a proceeding in the Children's Court.





(5) If a body corporate and a natural person are jointly charged with an
indictable offence which may be heard and determined summarily, the
Magistrates' Court must not hear and determine the charge summarily against
either of the accused unless-

   (a)  each of them consents to a summary hearing; or

   (b)  if the body corporate fails to appear in the proceeding, the natural
        person consents to a summary hearing and the court proceeds under
        section 82 to hear and determine the charge in the absence of the body
        corporate.