Victorian Consolidated Legislation

Criminal Procedure Act 2009 - SECT 91

Stay of sentence etc.

91. Stay of sentence etc.



(1) On the filing of a notice under section 89, the sentence (other than an
order for the cancellation, suspension or variation of the driver licence of
the person on whom the sentence was imposed) is stayed until-

   (a)  the application for rehearing has been heard; and

   (b)  if a rehearing is granted, the charge has been reheard.

(2) If the driver licence of the person on whom the sentence was imposed has
been cancelled, suspended or varied by order of the Magistrates' Court, the
applicant may, on or after the filing of a notice under section 89, apply for
a stay of the order pending the determination of the rehearing.

(3) An applicant under subsection (2) (other than an informant who is making
the application on behalf of the person whose driver licence has been
cancelled, suspended or varied) must serve on the informant in accordance with
section 340 written notice of the application at least 7 days before making
the application.

(4) On an application under subsection (2), the Magistrates' Court may order
that the order for the cancellation, suspension or variation of the person's
driver licence be stayed until-

   (a)  the application for rehearing has been heard; and

   (b)  if a rehearing is granted, the charge has been reheard.