Victorian Current Acts

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CRIMINAL PROCEDURE ACT 2009 - SECT 118

Case direction notice

S. 118(1) amended by No. 68/2009 s. 49(e).

    (1)     If a hand-up brief is served under section 107, the accused and the DPP or, if the DPP is not conducting the committal proceeding, the informant must jointly file with the registrar a case direction notice at least 7 days before the committal mention hearing.

    (2)     If the accused is not represented by a legal practitioner and does not sign a case direction notice, the DPP or, if the DPP is not conducting the committal proceeding, the informant must file the case direction notice, despite—

        (a)     it not being signed by or on behalf of the accused; and

        (b)     the accused not having participated in any discussion or other activity connected with its preparation.

    (3)     If the Magistrates' Court at any time fixes another date for a committal mention hearing, the court may—

S. 118(3)(a) amended by No. 68/2009 s. 49(f).

        (a)     direct that another case direction notice is to be jointly filed with the registrar by the accused and the DPP or, if the DPP is not conducting the committal proceeding, the informant at least 7 days before that date or within any other period that is fixed by the court; and

        (b)     give any direction that it considers appropriate as to the matters to be dealt with by that case direction notice.



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