Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMINAL PROCEDURE ACT 2009 - SECT 371

Time limits for special hearing

    (1)     If a special hearing is to be held, it must be held—

        (a)     within 3 months after the day on which the accused is committed for trial; and

        (b)     before the court at which the indictment is filed.

Note

Section 212 imposes time limits for commencing trials for sexual offences.

S. 371(2) substituted by No. 48/2012 s. 25.

    (2)     The court may extend the time for holding a special hearing if the court considers that it is in the interests of justice to do so, having regard to—

        (a)     if the complainant is a child, the age and maturity of the child; and

        (b)     if the complainant is cognitively impaired, the severity of that impairment; and

        (c)     the period of time since the complaint was first made; and

        (d)     the period of time since the offence was allegedly committed; and

        (e)     any other matter that the court considers relevant.

    (3)     The court may extend time under subsection (2) before or after the time expires.

    (4)     More than one extension of time may be granted under subsection (2).

S. 371A inserted by No. 48/2012 s. 26.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback