Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 4B

Adjournment of proceeding to Drug Court Division

4B. Adjournment of proceeding to Drug Court Division



(1) The Court, at any time before taking a formal plea from the defendant in a
criminal proceeding that is not in the Drug Court Division, may adjourn the
proceeding to the Drug Court Division at that or another venue if-

   (a)  it appears to the Court that the defendant might be eligible for a
        drug treatment order if convicted of the offence by the Drug Court
        Division; and

   (b)  the defendant's usual place of residence (if he or she has one) is
        within a postcode area specified, in relation to the venue at which
        the Drug Court Division sits and acts, by the Minister by notice
        published in the Government Gazette; and

   (c)  the defendant consents to the Court doing so.

(2) Despite anything to the contrary in this Act, a venue of the Court to
which the proceeding is adjourned under subsection (1) is the proper venue of
the Court for the purposes of this Act.



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