Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 82

Non-appearance of corporate accused charged with indictable offence

82. Non-appearance of corporate accused charged with indictable offence



(1) If a corporate accused does not appear in answer to a summons to answer to
a charge for an indictable offence that may be heard and determined summarily,
the Magistrates' Court may hear and determine the charge summarily in the
absence of the accused if-

   (a)  the court is satisfied that the charge and the return date in relation
        to it have been brought to the notice of the accused; and

   (b)  the court considers that the charge is appropriate to be determined
        summarily-

even though the accused has not consented to a summary hearing.

(2) If the Magistrates' Court proceeds to hear and determine a charge
summarily in accordance with subsection (1), the court may dispense with or
vary any requirement imposed by or under this Part.

(3) If the Magistrates' Court finds a corporate accused guilty in its absence,
the court must cause written notice of any sentence imposed by it to be served
on the accused.