Victorian Numbered Acts

CRIMINAL PROCEDURE AMENDMENT (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) ACT 2009 (NO. 68 OF 2009)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  

   PART 2--AMENDMENT OF CRIMINAL PROCEDURE ACT 2009

   3.      Definitions  
   4.      Notice to accompany summons or warrant  
   5.      Personal service of summons  
   6.      When an indictable offence may be heard and determined summarily  
   7.      Division heading substituted  
   8.      Admissibility of evidence in absence of accused  
   9.      Rules with respect to statements  
   10.     Contents of hand-up brief  
   11.     Rules with respect to recordings  
   12.     Contents of plea brief  
   13.     Committal mention hearing  
   14.     Recording of evidence  
   15.     On committing accused for trial  
   16.     Evidence taken after committal  
   17.     Special mention hearing  
   18.     Transfer of charges to Magistrates' Court  
   19.     Powers of court at directions hearing  
   20.     Order for legal representation for accused  
   21.     Manner of giving evidence  
   22.     Determination of appeal  
   23.     Abandonment of appeal  
   24.     Failure to appear on appeal  
   25.     Appeal against conviction  
   26.     Determination of application for leave to appeal  
   27.     New section 284A inserted  
   28.     Determination of Crown appeal  
   29.     Crown appeal against sentence  
   30.     Interlocutory appeals  
   31.     DPP may refer point of law to Court of Appeal  
   32.     Stay of certain orders during appeal period  
   33.     Extension of time for filing or serving notice of appeal or notice of application for leave to appeal  
   34.     Powers of single Judge of Appeal  
   35.     Bail following appeal  
   36.     Petition for mercy  
   37.     New section 336A inserted  
   38.     Court may act on application or on own motion  
   39.     Service of documents  
   40.     Notice to appear—costs  
   41.     Issue of warrant to arrest  
   42.     Transfer of charge to court with jurisdiction  
   43.     Regulations  
   44.      New section 14A in Crimes (Mental Impairment and Unfitness to be Tried) Act 1997  
   45.     New section 24AA in Crimes (Mental Impairment and Unfitness to be Tried) Act 1997  
   46.     Joint committals—Magistrates' Court Act 1989  
   47.     Commencement of proceedings in Children's Court  
   48.     Joint committals—Children, Youth and Families Act 2005  
   49.     Statute law revision  
   50.     New Part 8.2 inserted  

           Division 4--provides that the court may make alternative arrangements for the giving of direct testimony.

   51.     Amendment of cross-references consequential on renumbering  
   52.     Renumbering of sections 338–361 consequential on insertion of new Part 8.2  
   53.     New section 414 inserted  
   54.     Renumbering of sections 362 onwards  
   55.     New Chapter 10 inserted  
   56.     Substitution of Schedule 2  
   57.     Amendment of Schedule 3  
   58.     New Schedule 4 inserted  

   PART 3--AMENDMENT OF CHILDREN, YOUTH AND FAMILIES ACT 2005

   59.     Definitions  
   60.     Procedure on appeals to County Court or Supreme Court  
   61.     DPP reference  
   62.     Children to be proceeded against by summons  
   63.     Child to be brought before Court or bail justice  
   64.     Referral to Secretary  
   65.     Adjournment of criminal proceeding when therapeutic treatment order made  
   66.     Division heading amended  
   67.     Section heading amended  
   68.     Part 5.3 amended  
   69.     Substitution of Part 5.4  

           Division 7--of Part 6.3 of Chapter 6 of the Criminal Procedure Act 2009 applies as if a reference to that Part were a reference to this Division.

   70.     Establishment of corrective services  
   71.     Power of arrest in youth justice centre  
   72.     Assignment of magistrates  
   73.     Jurisdiction of Criminal Division  
   74.     Koori Court (Criminal Division)  
   75.     Neighbourhood Justice Division  
   76.     Procedural guidelines  
   77.     Explanation of and reasons for orders  
   78.     Powers of Children's Court  
   79.     Process  
   80.     Pre-sentence reports  
   81.     Witness or other person who has previously appeared in Children's Court  
   82.     Transfer of proceedings  
   83.     Powers of Supreme Court or County Court  
   84.     Rules  
   85.      Supreme Court—limitation of jurisdiction  
   86.     New sections 609 and 610 inserted  
   87.     Amendment of Schedules  

   PART 4--AMENDMENT OF PUBLIC PROSECUTIONS ACT 1994

   88.     Definitions  
   89.     Chief Crown Prosecutor is responsible to Director  
   90.     Functions of Director  
   91.     Power to discontinue criminal proceedings  
   92.     Delegation  
   93.     Functions of Crown Prosecutors  
   94.     Functions of Solicitor for Public Prosecutions  
   95.     Outcome of trial cannot be challenged on ground relating to special decision  
   96.     Substitution of section 49  

   PART 5--CONSEQUENTIAL AND OTHER AMENDMENTS TO OTHER ACTS

   97.     Consequential and other amendments  

   PART 6--REPEAL

   98.     Repeal of Act  
           SCHEDULE
           ENDNOTES