Victorian Current Acts

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CRIMINAL PROCEDURE ACT 2009 - SECT 201

Court may decide pre-trial issue without a hearing

    (1)     If—

        (a)     the court is notified of an issue under section 200(1) at least 14 days before the day on which the trial of the accused is listed to commence; and

        (b)     all the parties to the proceeding agree—

the court may decide the issue entirely on the basis of written submissions, without the appearance of the parties.

    (2)     If the parties agree to have the issue decided on the basis of written submissions, at least 10 days before the day on which the trial of the accused is listed to commence, the party who raised the issue must file in court and serve on all other parties a copy of that party's submission.

    (3)     Within 5 days after a party is served with a copy of a submission under subsection (2), that party must file in court and serve on all other parties a copy of a written submission in reply.

    (4)     Within 3 days after a party is served with a written submission in reply under subsection (3), that party must file in court and serve on all other parties a copy of a written submission in response to the reply.

    (5)     If an issue could be decided in accordance with subsection (1) but the parties do not agree to do so, at least 10 days before the day on which the trial of the accused is listed to commence, the party who raised the issue must—

        (a)     notify the court that agreement has not been reached; and

        (b)     request the court to conduct a directions hearing.



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