Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 30

Procedure for indictable offences that may be heard and determined summarily

30. Procedure for indictable offences that may be heard and determined
summarily



(1) The informant or the accused may apply for a summary hearing under section
29(1).

(2) Without any application under subsection (1), the Magistrates' Court may
offer a summary hearing under section 29(1).

(3) An application for, or an offer of, a summary hearing may be made at any
time before the Magistrates' Court determines whether to commit the accused
for trial.

Note Section 6(4) provides that an informant may include a request for a
committal proceeding in a charge-sheet containing a charge for an indictable
offence that may be heard and determined summarily.

(4) If an application for a summary hearing is made before the hearing of any
evidence, the Magistrates' Court may seek from the prosecutor or, if the
informant is appearing in person, the informant and he or she must give-

   (a)  an outline of the evidence which will be presented for the
        prosecution; and

   (b)  any other information which the court considers relevant-

for the purpose of enabling the court to determine whether to grant a summary
hearing.

(5) Any statement made by the prosecutor or informant under subsection (4) is
not admissible in evidence in any subsequent proceeding in respect of the
charge.

(6) If the Magistrates' Court grants a summary hearing, the hearing and
determination of the charge must be conducted in accordance with Part 3.3.

Note Sections 112A to 113D of the Sentencing Act 1991 provide for maximum
penalties in the Magistrates' Court.

(7) Subject to subsection (8), if-

   (a)  a committal hearing commences; and

   (b)  the Magistrates' Court subsequently grants a summary hearing-

the court may, with the consent of the accused, admit as evidence in the
summary hearing-

   (c)  the oral evidence of any witness; and

   (d)  the statement of any witness; and

   (e)  any document or exhibit-

given or tendered during the committal hearing.

(8) If evidence is admitted under subsection (7)-

   (a)  the Magistrates' Court must, at the request of the informant or the
        accused, call or recall (as the case requires) any witness for
        examination or cross-examination; and



   (b)  the hearing must otherwise be conducted in the same manner as a
        proceeding for a summary offence.

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