Victorian Current Acts

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Procedure for joint trials if no-case submission made

    (1)     This section applies to a trial in which 2 or more accused are named on the indictment.

    (2)     After the close of the case for the prosecution, an accused who wishes to make a submission that there is no case for the accused to answer must do so at that time.

S. 229(3) amended by No. 68/2009 s. 49(k).

    (3)     If, after the trial judge has ruled on all no-case submissions, 2 or more accused remain on trial, the accused named first on the indictment must advise the trial judge, in response to questioning under section 227 or 228, which of the options referred to in section 226(b) or (c) the accused elects to take.

    (4)     Each accused named subsequently on the indictment is not required to advise the trial judge of the election of that accused until the close of the case for the previously named accused.

    (5)     The cases of all accused must proceed according to the order in which the accused are named on the indictment, unless the trial judge otherwise orders.

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