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.


11. Place of hearing

11. Place of hearing

(1) A criminal proceeding in the Magistrates' Court is to be heard at the venue of the court that is nearest to-

(a) the place where the offence is alleged to have been committed; or

(b) the place of residence of the accused-

except where otherwise provided by this or any other Act or by a nomination
under subsection (2).


Part 2 of the Magistrates' Court Act 1989 sets out the special requirements for matters that may be heard in the various Divisions of the Magistrates' Court: the Drug Court Division, the Koori Court Division, the Family Violence Court Division and the Neighbourhood Justice Division.

(2) The Chief Magistrate may from time to time, by notice published in the Government Gazette, nominate a venue of the Magistrates' Court as a venue for the hearing of a specified criminal proceeding or a specified class of criminal proceeding.

(3) A criminal proceeding in the Magistrates' Court is not invalid only because it was conducted at a venue of the court other than the venue referred to in subsection (1) or nominated under subsection (2).


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