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.


30. Procedure for indictable offences that may be heard and determined summarily

30. Procedure for indictable offences that may be heard and determined summarily

(1) The informant or the accused may apply for a summary hearing under section 29(1).

(2) Without any application under subsection (1), the Magistrates' Court may offer a summary hearing under section 29(1).

(3) An application for, or an offer of, a summary hearing may be made at any time before the Magistrates' Court determines whether to commit the accused for trial.


Section 6(4) provides that an informant may include a request for a committal proceeding in a charge-sheet containing a charge for an indictable offence that may be heard and determined summarily.

(4) If an application for a summary hearing is made before the hearing of any evidence, the Magistrates' Court may seek from the prosecutor or, if the informant is appearing in person, the informant and he or she must give-

(a) an outline of the evidence which will be presented for the
prosecution; and

(b) any other information which the court considers relevant-

for the purpose of enabling the court to determine whether to grant a summary hearing.

(5) Any statement made by the prosecutor or informant under subsection (4) is not admissible in evidence in any subsequent proceeding in respect of the charge.

(6) If the Magistrates' Court grants a summary hearing, the hearing and determination of the charge must be conducted in accordance with Part 3.3.


Sections 112A to 113D of the Sentencing Act 1991 provide for maximum penalties in the Magistrates' Court.

(7) Subject to subsection (8), if-

(a) a committal hearing commences; and

(b) the Magistrates' Court subsequently grants a summary hearing-

the court may, with the consent of the accused, admit as evidence in the summary hearing-

(c) the oral evidence of any witness; and

(d) the statement of any witness; and

(e) any document or exhibit-

given or tendered during the committal hearing.

(8) If evidence is admitted under subsection (7)-

(a) the Magistrates' Court must, at the request of the informant or the accused, call or recall (as the case requires) any witness for examination or cross-examination; and

(b) the hearing must otherwise be conducted in the same manner as a proceeding for a summary offence.


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