Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 58

Order for separate hearing

58. Order for separate hearing



(1) If a charge-sheet contains more than one charge, the Magistrates' Court
may order that any one or more of the charges be heard separately.

(2) If a charge-sheet names more than one accused, the Magistrates' Court may
order that charges against a specified accused be heard separately.

(3) The Magistrates' Court may make an order under subsection (1) or (2) if
the court considers that-

   (a)  the case of an accused may be prejudiced because the accused is
        charged with more than one offence in the same charge-sheet; or

   (b)  a hearing with co-accused would prejudice the fair hearing of the
        charge against the accused; or

   (c)  for any other reason it is appropriate to do so.

(4) The Magistrates' Court may make an order under subsection (1) or (2)
before or during the hearing.

(5) If the Magistrates' Court makes an order under subsection (1) or (2), the
prosecutor may elect which charge is to be heard first.

(6) The procedure on the separate hearing of a charge is the same in all
respects as if the charge had been set out in a separate charge-sheet.

(7) If the Magistrates' Court makes an order for a separate hearing under
subsection (1) or (2), the court may make any order for or in relation to the
bail of the accused that the court considers appropriate.

Division 2-Diversion program