Victorian Consolidated Regulations Victorian Consolidated Regulations(1) Subject to paragraph (2), a judicial registrar may constitute the Court in a criminal proceeding for a hearing in respect of a power delegated by paragraph (3).
(2) A judicial registrar may constitute the Court under paragraph (1) during a trial only with the consent of—
(a) the trial judge;
(b) each accused; and
(c) the prosecution.
(3) The following powers of the Court under the Bail Act 1977 are delegated to a judicial registrar—
(a) the power under section 5A(1) of that Act to give a direction described in section 5A(1)(c) of that Act and grant bail under section 5A(1)(d)(i), if the application for bail is not opposed;
(b) the power under section 5A(1) of that Act to give a direction described in section 5A(1)(c) of that Act, and to refuse bail and give a direction referred to in section 5A(1)(d)(ii), if—
(i) there is no application for bail; or
(ii) there is an application for bail to be refused, and that application is not opposed;
(c) the power under section 12(3) of that Act to grant bail, if the application for bail is not opposed;
(d) the power under section 12(3) of that Act to refuse bail, if—
(i) there is no application for bail; or
(ii) there is an application for bail to be refused, and that application is not opposed;
(e) the power under section 12B(2)(a) of that Act to remand the accused, if—
(i) there is no application for bail; or
(ii) there is an application for the accused to be remanded, and that application is not opposed;
(f) the power under section 12B(2)(b) of that Act to grant bail, if the granting of bail is not opposed;
(g) the power under section 16(2) of that Act to extend the bail of a person charged, if the application for the extension is not opposed;
(h) the power under section 18AD(a) of that Act to vary the amount of bail or conditions of bail, if the application for the variation is not opposed;
(i) the power under section 18AF(a) of that Act to revoke bail, if the application for revocation is not opposed;
(j) the power under section 19(2) of that Act to remand a person in custody, if—
(i) there is no application for bail; or
(ii) there is an application for the accused to be remanded, and that application is not opposed;
(k) the power under section 19(2) of that Act to require a person to furnish new or additional sureties, if the application to have that requirement imposed is not opposed.
Rule 2A.11(4) amended by S.R. No. 16/2023 rule 10(7).
(4) When a judicial registrar constitutes the Court under paragraph (1), the following additional powers under the Bail Act 1977 are delegated to the judicial registrar—
(a) the powers under section 8(3) and (4) of that Act to adjourn the hearing of the proceeding and remand the accused in custody;
(b) the power under section 8(6) of that Act to adjourn the hearing of the proceeding and remand the accused in custody.
Note
Further powers relating to bail are also delegated to judicial registrars by Rule 2A.2.
Rule 2A.12 inserted by S.R. No. 98/2021 rule 5.