Victorian Current Acts

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Pleading to course of conduct charge

    (1)     In this section course of conduct charge has the same meaning as in clause 4A of Schedule 1.

    (2)     This section applies if an accused, on being asked to plead to a course of conduct charge, informs the court that they—

        (a)     would plead guilty to the charge if it related only to a specified period falling within the period to which the charge set out in the charge-sheet relates; and

        (b)     would plead not guilty to the charge insofar as it relates to any other period within the period to which the charge set out in the charge-sheet relates.

    (3)     If an accused informs the court in accordance with subsection (2) and the court is satisfied that, having regard to that information, it is not appropriate for the accused to be asked to plead to the charge, the court may adjourn the proceeding to allow a fresh charge-sheet to be filed relating only to the specified period referred to in subsection (2)(a).

    (4)     If a fresh charge-sheet as described in subsection (3) is filed and the accused does not plead guilty to the charge as set out in that charge-sheet, a further fresh charge-sheet may be filed that sets out the original charge or an amended version of that charge.

    (5)     If the accused does not plead to that charge, the Magistrates' Court may order that a plea of not guilty be entered on behalf of the accused unless it considers that it is not in the interests of justice to do so.

Division 5—Opening addresses

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