Victorian Consolidated Legislation

Serious Sex Offenders Monitoring Act 2005 - SECT 41

Procedure on breach offence

41. Procedure on breach offence



(1) Despite anything to the contrary in the Magistrates' Court Act 1989-

   (a)  on the filing of a charge referred to in section 40(1), an application
        under section 28(1) of that Act for the issue of a summons to answer
        to the charge or a warrant to arrest may be made to the registrar at
        any venue of the Magistrates' Court;

   (b)  a summons to answer to the charge issued on an application referred to
        in paragraph (a) must direct the defendant to attend to answer the
        charge at the court which made the extended supervision order or
        interim extended supervision order;

   (c)  a warrant to arrest issued on an application referred to in paragraph
        (a) authorises the person to whom it is directed to bring the
        defendant when arrested before a bail justice or before the court
        which made the extended supervision order or interim extended
        supervision order to be dealt with according to law.

(2) Despite anything to the contrary in any Act or rule of law, the Supreme
Court or the County Court may, if the extended supervision order or interim
extended supervision order was made by it, grant a summary hearing of an
offence against section 40(1) and, subject to any rules of court, the practice
and procedure applicable in the Magistrates' Court to the summary hearing of
indictable offences applies so far as is appropriate to the hearing of the
offence.

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