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.















2009-06-27

31. Court may change place of hearing

31. Court may change place of hearing

If the Magistrates' Court considers that-

(a) a fair hearing in a criminal proceeding cannot otherwise be had; or

(b) for any other reason it is appropriate to do so-

the court may order that the hearing be held at another place or venue of the court that the court considers appropriate.

In DPP v Towle (Ruling No 1) VSC 551, Cummings J discussed the competing considerations in play regarding hearing an emotive trial in proximity to the location of the alleged offences.

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