Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 54

Procedure for indictable offences triable summarily

54. Procedure for indictable offences triable summarily



(1) The informant or the defendant may apply for a summary hearing under
section 53(1).

(2) Without any application under subsection (1), the Court may offer a
summary hearing under section 53(1).





(3) An application for, or an offer of, a summary hearing may be made-

   (a)  before the hearing of any evidence; or

   (b)  during or immediately after the hearing of evidence for the
        prosecution.

(4) If an application for a summary hearing is made before the hearing of any
evidence, the Court may seek from the prosecutor or, if the informant is
appearing in person, the informant and he or she must give-

   (a)  an outline of the evidence which will be presented for the
        prosecution; and

   (b)  any other information which the Court considers relevant-

for the purpose of enabling the Court to determine whether to grant a summary
hearing.

(5) Any statement made by the prosecutor or informant under subsection (4) is
not admissible in evidence in any subsequent proceeding in respect of the
charge.

(6) If the Court grants a summary hearing, the hearing and determination of
the charge must be conducted in accordance with Schedule 2.

(7) Subject to subsection (8), if-

   (a)  a committal proceeding commences; and

   (b)  the Court subsequently grants a summary hearing-

the Court may, with the consent of the defendant, admit as evidence in the
summary hearing-

   (c)  the oral evidence of any witness; and

   (d)  the statement of any witness; and



   (e)  any document or exhibit-

given or tendered during the committal proceeding.

(8) If evidence is admitted under subsection (7)-

   (a)  the Court must, at the request of the informant or defendant, call or
        recall (as the case requires) any witness for examination or
        cross-examination; and

   (b)  the proceeding must otherwise be conducted in the same manner as a
        proceeding for a summary offence.

(9) If evidence of alibi is to be adduced in a summary hearing under section
53(1), section 47 applies in the same way as if the reference in section 47(2)
to "before the start of the examination of the first witness for the
prosecution" were a reference to "immediately following the grant of a summary
hearing".

(10) An order-

   (a)  dismissing a charge for an indictable offence heard and determined
        summarily; or

   (b)  convicting a person of an indictable offence heard and determined
        summarily-

has the same effect as an acquittal or conviction on indictment or presentment
for the offence.

(11) The Court on hearing and determining an indictable offence summarily may
make any order for or in relation to-

   (a)  the restitution of property; or

   (b)  compensation-

which might have been made by a court before which the defendant could have
been tried on indictment or presentment.