Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 55

Contest mention hearing

55. Contest mention hearing



(1) This section applies to a proceeding for-

   (a)  a summary offence; or

   (b)  an indictable offence that may be heard and determined summarily.

(2) The Magistrates' Court may, between the return date and the day on which
the charge is heard, from time to time conduct a contest mention hearing.

(3) At a contest mention hearing, the Magistrates' Court may-

   (a)  require the parties to provide an estimate of the time expected to be
        needed for the hearing of the charge;

   (b)  require the parties to advise as to the estimated number and the
        availability of witnesses (other than the accused) for the hearing of
        the charge and whether any witnesses are from interstate or overseas;

   (c)  request each party to indicate the evidence that party proposes to
        adduce and to identify the issues in dispute;

   (d)  require the accused to advise whether the accused is legally
        represented and has funding for continued legal representation up to
        and including the hearing of the charge;

   (e)  require the parties to advise whether there are any particular
        requirements of, or facilities needed for, witnesses and interpreters;



   (f)  order a party to make, file in court or serve (as the case requires)
        any written or oral material required by the court for the purposes of
        the proceeding;

   (g)  allow a party to amend a document that has been prepared by or on
        behalf of that party for the purposes of the proceeding;

   (h)  if the court considers that it is in the interests of justice to do
        so, dispense with or vary any requirement imposed on a party by or
        under this Part;

        (i)    require or request a party to do anything else for the case
               management of the proceeding.

(4) The accused must attend all contest mention hearings.

Notes 1. Section 3 defines attend as to be physically present in court. 2. See
section 334 in relation to a corporate accused. 3. Section 330 gives the court
power to excuse an accused from attending a hearing. __________________