Victorian Numbered Acts

JUSTICE LEGISLATION MISCELLANEOUS AMENDMENT ACT 2018 (NO. 48 OF 2018) - SECT 27

    (1)     For section 141(1) of the Criminal Procedure Act 2009 substitute —

    "(1)     After the evidence for the prosecution is concluded, the Magistrates' Court must enquire—

        (a)     except in a committal proceeding to which section 123 applies, whether the accused intends to call any witness; and

Note

Section 123 provides that there is to be no cross-examination in certain sexual offence cases.

        (b)     whether the accused intends to make any submission.".

    (2)     In section 141(2) of the Criminal Procedure Act 2009 —

        (a)     for "must inform the accused, in a manner likely to be understood by the accused, that—" substitute "must—";

        (b)     in paragraph (a), for "the accused has the right" substitute "inform the accused that the accused has the right";

        (c)     for paragraph (b) substitute —

    "(b)     except in a committal proceeding to which section 123 applies, inform the accused that whatever choice referred to in paragraph (a) is made, the accused may call any witnesses to give sworn or affirmed evidence for the accused.".

    (3)     After section 141(2) of the Criminal Procedure Act 2009 insert —

    "(2A)     The Magistrates' Court is required to give information referred to in subsection (2) in a manner likely to be understood by the accused.".

Division 2—Pre-trial examination and cross-examination of witnesses