Victorian Consolidated Regulations

CHILDREN, YOUTH AND FAMILIES (CHILDREN'S COURT JUDICIAL REGISTRARS) RULES 2021 - REG 2.04

    (1)     The Court constituted by a judicial registrar may deal with the following proceedings and matters in the Criminal Division, whether or not the proceeding or matter is contested—

        (a)     an application for the grant of an indemnity certificate under section 17 of the Appeal Costs Act 1998 , if the proceeding relates to the adjournment of a criminal proceeding by the Court constituted by that judicial registrar;

        (b)     a proceeding under section 16 of the Bail Act 1977 (extension of bail);

        (c)     a proceeding under Part 3.4 of the Criminal Procedure Act 2009 except for the power to rehear the charge (leave to rehear charge on which a sentence was imposed in absence of person);

        (d)     a proceeding under sections 344B and 344C of the Act (application to extend time for commencing proceeding against a child for a summary offence and extension of period of time for commencing such a proceeding);

        (e)     a proceeding under section 344D of the Act (power to set aside proceedings), except for the power to re-hear the proceeding;

        (f)     a proceeding under section 368 of the Act (dismissal of charge where conditions of bond observed);

        (g)     a proceeding under the procedure in Part 7.9 of the Act and Schedule 3 to the Act (CAYPINS);

        (h)     an application for review of a registrar's decision under clause 10 of Schedule 3 to the Act (CAYPINS).

    (2)     In a criminal proceeding for a summary offence or an indictable offence triable summarily, the Court constituted by judicial registrar may exercise all or any powers of the Court, including the power to strike out a charge, under—

        (a)     section 53(a), (c), (d) or (e) of the Criminal Procedure Act 2009 (mention hearings); and

        (b)     section 54(1), (3), (4) or (6) of the Criminal Procedure Act 2009 (summary case conferences)—

but not otherwise the power to hear and determine the charge.

    (3)     The Court constituted by a judicial registrar may exercise all or any powers of the Court under sections 101 and 102 of the Criminal Procedure Act 2009 (filing hearings).