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.


328. Appearance

328. Appearance

A party to a criminal proceeding may appear—

(a) personally; or

(b) by a legal practitioner or other person empowered by law to appear for the party; or

(c) in the Magistrates' Court, in the case of an informant who is a member of the police force, by a police prosecutor; or

(d) if the proceeding was commenced by the filing, by a prescribed person or a member of a prescribed class of persons, of a charge under—

(i) section 18W(1), 26(1), 31(1), 47(1) or 79(1) of the Sentencing Act 1991; or

(ii) section 158 of the Infringements Act 2006—
by any other prescribed person or any other member of the prescribed class of persons within the meaning of the Sentencing Act 1991 or the Infringements Act 2006, as the case requires.


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