Victorian Current Acts

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CRIMINAL PROCEDURE ACT 2009 - SECT 268

Respondent's failure to appear on appeal by DPP

S. 268(1) amended by Nos 68/2009 s. 24(3)(a), 3/2016 s. 73.

    (1)     If a respondent to an appeal under section 257 or 260 by the DPP fails to appear at the time listed for the hearing of the appeal, the County Court or the Supreme Court, as the case requires—

        (a)     may adjourn the proceeding on any terms that it considers appropriate; or

S. 268(1)(b) amended by No. 68/2009 s. 24(3)(b).

        (b)     if satisfied that notice of the appeal has been given in accordance with section 258 or 261, as the case may be, may hear and determine the appeal in the absence of the respondent.

Note to s. 268(1)(b) amended by Nos 65/2011 s. 107(Sch. item 4.5) (as amended by No. 43/2012 s. 3(Sch. item 47.3)), 3/2016 s. 73.

Note

The County Court or the Supreme Court, as the case requires cannot impose a sentence that requires the consent of the respondent, for example a community correction order, in the absence of the respondent.

S. 268(2) amended by Nos 68/2009 s. 24(4), 3/2016 s. 73.

    (2)     If the County Court or the Supreme Court, as the case requires adjourns the proceeding and is satisfied that notice of the appeal has been given in accordance with section 258 or 261, as the case may be, the court may issue a warrant to arrest the respondent and to bring the respondent before the judge who issued the warrant or any other judge of the court.



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