Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 87

Limitations on sentencing in absence of accused

87. Limitations on sentencing in absence of accused



(1) If the Magistrates' Court proceeds to hear and determine a charge in the
absence of the accused and finds the accused guilty, the court must not make a
custodial order under Division 2 of Part 3 of the Sentencing Act 1991.

(2) If the Magistrates' Court finds an accused guilty in the absence of the
accused on the basis of a preliminary brief-

   (a)  the court must not make an order under Division 4 of Part 3 of the
        Sentencing Act 1991 for a fine exceeding 20 penalty units and the
        total sum of orders for fines must not exceed in the aggregate 50
        penalty units; and

   (b)  the total sum of orders made under Divisions 1 and 2 of Part 4 of the
        Sentencing Act 1991 for the payment of restitution or compensation
        must not exceed $2000.

Note In addition to this section, the court cannot make an order that requires
the consent of the accused to its making, for example, a community-based
order.

(3) If, at any time during the hearing, the Magistrates' Court considers that
the charge, if proven, is likely to result in an order prohibited by
subsection (1) or (2) or an order that requires the consent of the accused,
the court-

   (a)  must adjourn the proceeding to enable the accused to attend or to be
        brought before the court to answer to the charge; and

   (b)  may issue a warrant to arrest the accused.



(4) If the Magistrates' Court finds a charge against a person proved and
imposes a sentence in the absence of the person, the court must serve written
notice on the person, at the address of the person on the register kept under
section 18 of the Magistrates' Court Act 1989, of-

   (a)  the order of the court; and

   (b)  their right to apply for a rehearing of the charge.

Note Part 3.4 provides for a rehearing in certain circumstances. In
particular, section 94 provides for automatic rehearing in certain cases.
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