Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 38

Appearance7

38. Appearance7



(1) A party to a criminal proceeding may appear-

   (a)  personally; or

   (b)  by a legal practitioner or other person empowered by law to appear for
        the party; or



   (c)  in the case of an informant who is a member of the police force, by a
        police prosecutor; or



   (d)  if the proceeding was commenced by the filing by a prescribed person
        or a member of a prescribed class of persons of a charge under
        section 18W(1), 26(1), 31(1), 47(1) or 79(1) of the
        Sentencing Act 1991 or section 158 of the Infringements Act 2006, by
        any other prescribed person or any other member of the prescribed
        class of persons within the meaning of the Sentencing Act 1991 or the
        Infringements Act 2006, as the case requires.

(2) To avoid doubt, a legal practitioner appearing for a defendant may on
behalf of the defendant-

   (a)  consent to a summary hearing of a charge under section 53(1); and

   (b)  enter a plea.