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

60. Court may give sentence indication

60. Court may give sentence indication

At any time during a proceeding for a summary offence or an indictable offence that may be heard and determined summarily, the Magistrates' Court may indicate that, if the accused pleads guilty to the charge for the offence at that time, the court would be likely to impose on the accused-

(a) a sentence of imprisonment that commences immediately; or

(b) a sentence of a specified type.

Note

Section 126 of the Magistrates' Court Act 1989 enables the court to close a proceeding to the public.

Nothing in Division 3 of Part 3.3 of the Criminal Procedure Act 2009 requires a magistrate to give a sentencing indication if they do not wish to.

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