Victorian Current Acts Victorian Current ActsS. 102(1) amended by No. 68/2009 s. 97(Sch. item 110.76).
(1) Subsection (2) applies where on the trial or hearing of an offence—
S. 102(1)(a) amended by No. 30/2010 s. 25(a).
(a) a verdict of guilty has been found or a plea of guilty has been received but no judgment or sentence has been given or imposed on it; and
S. 102(1)(b) amended by Nos 68/2009 s. 97(Sch. item 110.76), 30/2010 s. 25(b).
(b) the judge or magistrate who presided at the trial or hearing or received the plea (as the case requires) goes out of office or it appears to be probable that because of incapacitating illness or other serious cause he or she will be unable to give judgment or impose sentence within a reasonable time.
S. 102(2) amended by No. 30/2010 s. 25(b)(c).
(2) If this subsection applies any other judge of the Supreme Court or the County Court or magistrate (as the case requires) may in open court take (if necessary) all steps preliminary to the giving of judgment or the imposing of sentence and may give judgment or impose sentence.
S. 102(3) amended by No. 30/2010 s. 25(a).
(3) In all cases where it is possible so to do the judge or magistrate referred to in subsection (1)(b) must be consulted before judgment is given or sentence is imposed under subsection (2).
(4) Non-compliance with subsection (3) does not affect the validity of the judgment or sentence.
S. 102(5) amended by No. 30/2010 s. 25(b).
(5) The question whether it appears probable that a judge or magistrate will be unable for the reasons mentioned in subsection (1)(b) to give judgment or impose sentence within a reasonable time must be decided by the Chief Justice of the Supreme Court or the Chief Judge of the County Court or the Chief Magistrate (as the case requires) and his or her decision is not liable to be challenged on any ground whatsoever.
S. 102(6) amended by Nos 68/2009 s. 97(Sch. item 110.76), 30/2011 s. 25(b).
(6) If on the trial or hearing of an offence—
(a) a verdict of guilty has been found or a plea of guilty has been received; and
S. 102(6)(b) amended by No. 30/2010 s. 25(a)(c).
(b) all steps preliminary to the giving of judgment or the imposing of sentence have been taken but no judgment or sentence has been given or imposed—
any other judge of the Supreme Court or the County Court or magistrate (as the case requires) may give the judgment or impose the sentence determined by the judge or magistrate who presided at the trial or hearing or received the plea (as the case requires).
S. 102(7) amended by No. 68/2009 s. 97(Sch. item 110.77).
(7) If at any time before the commencement of the trial of an indictable offence (including one heard summarily) the accused person pleads guilty, any judge of the Supreme Court or the County Court or magistrate (as the case requires) other than the one receiving the plea may take (if necessary) all steps preliminary to the giving of judgment or imposing of sentence and may give judgment or impose sentence.
S. 102(8) amended by Nos 68/2009 s. 97(Sch. item 110.78), 30/2010 s. 25(a).
(8) A judgment given or sentence imposed under subsection (2), (6) or (7) has for all purposes the same effects and consequences as if it had been given or imposed by the judge or magistrate who presided at the trial or hearing or received the plea (as the case requires).
(9) This section does not take away from any power possessed by a judge or magistrate under statute or at common law.