Victorian Numbered Acts Victorian Numbered Acts(1) For section 201(1) of the Criminal Procedure Act 2009 substitute —
"(1) This section applies if the court is notified of an issue under section 200(1) at least 14 days before the day on which the trial of the accused is listed to commence.
(1A) The court may decide the issue without an oral hearing and entirely on the basis of written submissions and without the appearance of the parties—
(a) if the court is satisfied that it is in the interests of justice to do so; and
(b) whether or not the parties consent to the court doing so.
(1B) For the purposes of subsection (1A), in deciding whether it is in the interests of justice to decide the issue without an oral hearing, the court must have regard to—
(a) the right of an accused to a fair hearing; and
(b) the nature of the issue; and
(c) whether the accused or the offender (as the case requires) has had the opportunity to obtain legal advice; and
(d) whether the parties consent to the court doing so.".
(2) In section 201(2) of the Criminal Procedure Act 2009 for "parties agree to have the issue decided" substitute "court decides to decide the issue".
(3) Section 201(5) of the Criminal Procedure Act 2009 is repealed .