Victorian Current Acts

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Reference by Attorney-General

S. 327(1) amended by No. 25/2023 s. 7(Sch.  1 item 7).

    (1)     If a person convicted on indictment or found unfit to stand trial or found not guilty because of mental impairment petitions for the exercise of His Majesty's mercy in relation to the conviction or finding, or the sentence imposed on the person, the Attorney-General—

        (a)     may refer the whole case to the Court of Appeal; or

        (b)     may refer any point arising in the case to the judges of the Trial Division of the Supreme Court for their opinion.

    (2)     If the Attorney-General refers the whole case to the Court of Appeal, the Court of Appeal must hear and determine the case as if it were an appeal by the person.

    (3)     If the Attorney-General refers a question to the judges of the Trial Division of the Supreme Court, those judges or any 3 of them must consider the point and provide the Attorney-General with their opinion.

    (4)     Nothing in this Chapter affects the prerogative of mercy.

Note to s. 327 substituted by No. 68/2009 s. 36.


1     Chapter 8 contains general provisions that apply to all criminal proceedings.

2     Clause 11 of Schedule 4 contains transitional provisions.

Ch. 7A (Heading and ss 327A327S) inserted by No. 81/2011 s. 17.

Chapter 7A—Limitations on rules relating to double jeopardy

S. 327A inserted by No. 81/2011 s. 17.

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