Victorian Current Acts Victorian Current Acts(1) The author of a pre-sentence report under this Subdivision may be required to attend to give evidence at the hearing of the appeal to which the report is relevant by a notice given in accordance with subsection (2) by—
(a) the person in respect of whom the report has been prepared; or
(b) if the person is a child, a parent of that child; or
(c) the Secretary; or
(d) the appellate court.
(2) A notice under subsection (1) must be—
(a) in writing; and
S. 430L(2)(b) amended by No. 1/2022 s. 53.
(b) filed with the registrar of the County Court, the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals (as the case requires) as soon as possible and, if practicable, not later than 2 working days before the hearing.
S. 430L(3) amended by No. 1/2022 s. 53.
(3) On the filing of a notice under subsection (1), the registrar of the County Court, the Prothonotary of the Supreme Court or the Registrar of Criminal Appeals (as the case requires) must immediately notify the author of the report that his or her attendance is required on the return date.
(4) A person is guilty of contempt of court if, being the author of a report who has been required to attend the appellate court under subsection (1), he or she fails, without sufficient excuse, to attend as required.
(5) The author of a report who has been required under subsection (1) by the person or, if the person is a child, a parent of the child or the Secretary to attend at the hearing of an appeal must, if required by the person or the parent or the Secretary (as the case requires), be called as a witness and may be cross-examined on the contents of the report.
S. 430M inserted by No. 68/2009 s. 69.