Victorian Consolidated Legislation

Crimes (Criminal Trials) Act 1999 - SECT 4

PART 2 PRESENTMENT TO BE FILED

Presentment to be filed

4. Presentment to be filed



(1) The court at which presentment is proposed to be made for an offence may
fix a date (at least 14 days ahead) for a directions hearing to be conducted
in relation to the trial of that offence.

(2) The prosecutor must-

   (aa) in the case of a trial for a sexual offence in which the complainant
        is a child or a person with a cognitive impairment, not more than 7
        days after the day on which the defendant is committed for trial; or

   (a)  in the case of any other trial for a sexual offence, not less than 28
        days before the day on which the trial is due to commence; or

   (b)  in any other case, not less than 14 days before the day on which the
        first directions hearing is due to be conducted-

cause presentment to be made at, and filed in, the court.

(3) Nothing in this section prevents the making and filing of a fresh
presentment.

(4) On the making and filing of a fresh presentment, proceedings on any
presentment previously made and filed in relation to the same offence or a
related offence are permanently stayed.

(5) For the purposes of subsection (4), two offences are related to one
another if they are founded on the same facts or form or are part of a series
of offences of the same or a similar character.





(6) If a recording referred to in section 41G of the Evidence Act 1958 is
admitted in evidence in a trial under section 41H of that Act, then despite
anything to the contrary in the Crimes Act 1958 or in any other Act, the
presentment can only be amended in accordance with an order made by the court
under section 372 of the Crimes Act 1958.

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