Victorian Current Acts

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CRIMINAL PROCEDURE ACT 2009 - SECT 142

Determination of committal proceeding where plea brief used

    (1)     If a plea brief is served, the Magistrates' Court, at the committal mention hearing, must—

        (a)     ask how the accused pleads to the charge to which the committal proceeding relates; and

        (b)     if the accused pleads guilty and, in the opinion of the court, the evidence is of sufficient weight to support a conviction for the offence with which the accused is charged, commit the accused for trial in accordance with section 144.

    (2)     If the accused does not plead guilty to the charge to which the committal proceeding relates, the Magistrates' Court must direct the informant to prepare and serve a hand-up brief.



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