Welcome to the Criminal Procedure Act 2009


The Criminal Procedure Act 2009 has been in operation for a few years now. While there continues to be interpretation and amendment of its provisions, the transition from the old legislation to the new has successfully been made, and a blog exclusively dedicated to the Act is no longer necessary.

If you're looking for a frequently updated blog on general legal matters in Victoria, have a look at Quis Custodes Ipsos Custodes? by the same authors.















2010-01-23

366. Application of this Division

366. Application of this Division

(1) This Division applies to a criminal proceeding (other than a committal proceeding) that relates (wholly or partly) to a charge for—

(a) a sexual offence; or

(b) an indictable offence which involves an assault on, or injury or a threat of injury to, a person.

Note

For committal proceedings see Chapter 4.

(2) This Division applies to a witness in a criminal proceeding referred to in subsection (1) if the witness is—

(a) a person under the age of 18 years; or

(b) a person with a cognitive impairment.

(3) In this Division, witness means a witness referred to in subsection (2).

Section 366 is similar, but not identical, to previous provisions in the Evidence Act 1958 (repealed).

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