Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (SEX OFFENCES PROCEDURE) ACT 2008 (NO. 18 OF 2008) - SECT 3

See:
Act No. 6231.
Reprint No. 19
as at
1 December 2006 and amending
Act Nos
16/2004, 97/2005, 23/2006, 48/2006, 50/2006, 50/2007, 32/2007 and 57/2007.
LawToday:
www.
legislation.
vic.gov.au

    (1)     In section 359A(1)(a) of the Crimes Act 1958 omit "(if the complainant was under the age of 16 at the time of the alleged offence)".

    (2)     After section 359A(2) of the Crimes Act 1958 insert —

    "(2AA)     The trial of a person that relates (wholly or partly) to a charge for a sexual offence in relation to which the complainant was a child or a person who had a cognitive impairment at the time at which the legal proceeding commenced, must commence, and the jury must be empanelled, not more than three months after the person is directed to be tried or the person is charged on indictment or presentment with the alleged offence.

Notes

1     See section 41G of the Evidence Act 1958 regarding the requirement to hold a special hearing.

2     See section 26 of the Magistrates' Court Act 1989 in relation to the commencement of a proceeding.

    (2AAB)     The court may grant an extension of the period referred to in subsection (2AA) if the court is satisfied that it is in the interests of justice to do so.

    (2AAC)     The court may grant an extension of the period referred to in subsection (2AA) whether or not the time has expired, being an extension for a period not exceeding three months.".

    (3)     In sections 359A(2A), 359A(3) and 359A(4) of the Crimes Act 1958 after "subsection (2)" insert "or (2AA)".

    (4)     After section 359A(5) of the Crimes Act 1958 insert —

    "(6)     For the purposes of subsection (2AA), "sexual offence" means an offence under Subdivision (8A), (8B), (8C), (8D) or (8E) of Division 1 of Part I or under any corresponding previous enactment or an attempt to commit any such offence or an assault with intent to commit any such offence.".