Victorian Current Acts Victorian Current Acts(1) At any time except during trial, the court may order that one or more charges in an indictment be tried by the trial judge alone, without a jury, if—
(a) each charge is for an offence under the law of Victoria; and
(b) each accused consents to the making of the order; and
(c) the court is satisfied that each accused has obtained legal advice on whether to give that consent, including legal advice on the effect of the order; and
(d) the court considers that it is in the interests of justice to make the order.
(2) The court may make an order under subsection (1)—
(a) on its own motion while a pandemic declaration is in force; or
(b) at any time on an application made by the prosecution or an accused while a pandemic declaration is in force.
(3) In determining whether to make an order under subsection (1), the court must have regard to the submissions, if any, of the prosecution.
(4) However, the court may make an order under subsection (1) whether or not the prosecution consents to the making of the order.
Division 3—Verdict and judgment
New s. 420F inserted by No. 11/2022 s. 3.