Victorian Consolidated Legislation

Crimes (Criminal Trials) Act 1999 - SECT 10

Disclosure of questions of law

10. Disclosure of questions of law



(1) A party who intends to raise a question of law in a criminal proceeding
must, at least 14 days before the day on which the trial is due to commence
(or, if the party is not aware within that period of the question of law, as
soon as possible after the party becomes aware of it), notify the court that a
question of law has arisen that requires determination.

(2) For the purposes of subsection (1), a question of law does not include a
general proposition of law relevant to all cases.

(3) If the court is notified of a question of law under subsection (1) at
least 14 days before the day on which the trial is due to commence and all the
parties to the proceeding agree, the court may determine the question of law
entirely on the basis of written submissions, without any physical appearance
by the parties or their representatives.

(4) If the parties have agreed to have the question of law determined on the
basis of written submissions, the party who raised the question of law must,
at least 10 days before the day on which the trial is due to commence, file in
court and serve on all other parties a copy of that party's submission.

(5) Within 5 days after a party is served with a copy of a submission under
subsection (4), that party must file in court and serve on all other parties a
copy of a written submission in reply.

(6) Within 3 days after a party is served with a written submission in reply
under subsection (5), that party must file in court and serve on all other
parties a copy of a written submission in response to the reply.

(7) If the parties have not agreed to have a question of law that could be
determined in accordance with subsection (3) determined in accordance with
that subsection, the party who raised the question of law must, at least 10
days before the day on which the trial is due to commence, notify the court
that agreement has not been reached and request the court to conduct a
directions hearing.