Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (SYSTEM ENHANCEMENTS AND OTHER MATTERS) ACT 2021 (NO. 11 OF 2021) - SECT 48

After section 337 of the Criminal Procedure Act 2009 insert —

        " 337A     Court may determine issue in criminal proceeding without oral hearing

    (1)     In addition to, and without limiting, section 201, a court may determine any issue (other than determining whether an accused is guilty or not guilty) in any criminal proceeding 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.

Note

Section 201 provides for issues to be decided before trial on the basis of written submissions and without the appearance of the parties.

    (2)     For the purposes of subsection (1), in determining whether it is in the interests of justice to determine an issue in a criminal proceeding without an oral hearing, the court must have regard to—

        (a)     the right of an accused to be present at the accused's trial; and

        (b)     the right of an accused to a fair hearing; and

        (c)     the nature of the issue; and

        (d)     whether the accused or the offender (as the case requires) has had the opportunity to obtain legal advice; and

        (e)     whether the parties consent to the court doing so.

    (3)     Nothing in this section affects any other power of the court to determine an issue in a criminal proceeding without an oral hearing.".