Victorian Current Acts

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CRIMINAL PROCEDURE ACT 2009 - SECT 163

Time limits for filing certain indictments

    (1)     If a person is committed for trial in respect of an offence other than a sexual offence, the DPP or a Crown Prosecutor may     file an indictment against the person—

        (a)     within 6 months after the date of committal; or

        (b)     if the period referred to in paragraph (a) or any extension of that period is extended under section 247, within the extended period.

    (2)     If a person is committed for trial in respect of a sexual offence in which the complainant was a child or a person with a cognitive impairment when the criminal proceeding was commenced, the DPP or a Crown Prosecutor may file an indictment against the person—

        (a)     within 14 days after the date of committal; or

        (b)     if the period referred to in paragraph (a) or any extension of that period is extended under section 247, within the extended period.

    (3)     If a person is committed for trial in respect of a sexual offence other than one referred to in subsection (2), the DPP or a Crown Prosecutor may file an indictment against the person—

        (a)     at least 28 days before the day on which the trial is listed to commence; or

        (b)     if the period referred to in paragraph (a), or any extension or abridgment of that period, is extended or abridged under section 247, within the extended or abridged period.



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