Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 83

Admissibility of evidence in absence of accused where full brief served

83. Admissibility of evidence in absence of accused where full brief served



(1) If-

   (a)  under section 80 the Magistrates' Court proceeds to hear and determine
        a charge in the absence of the accused; and

   (b)  the informant has served a full brief on the accused in accordance
        with Division 2 of Part 3.2-

the following are, subject to subsections (2) and (3), admissible as if their
contents were a record of evidence given orally-

   (c)  any statement a copy of which has been served in the full brief;

   (d)  any exhibit or document referred to in a statement which is
        admissible.

(2) The Magistrates' Court may rule as inadmissible the whole or any part of a
statement or of any exhibit or document referred to in a statement.

(3) The criminal record of the accused or a statement that the accused has no
previous convictions, when served in a full brief, is only admissible for the
purpose of sentencing in accordance with section 86.

(4) Subsection (1) does not limit the power of the Magistrates' Court to
proceed to hear and determine the charge in the absence of the accused under
section 80 on the basis of sworn evidence given by or on behalf of the
informant if the informant has not served a full brief on the accused.