Victorian Current Acts Victorian Current ActsS. 168(1) amended by No. 30/2010 s. 61(2).
(1) At any time except during trial, the Supreme Court or the County Court may order that a proceeding for a charge for an indictable offence that may be heard and determined summarily be transferred to the Magistrates' Court or the Children's Court (as the case requires) if—
(a) the accused consents to the transfer; and
S. 168(1)(b) substituted by No. 30/2010 s. 61(3).
(b) the court considers that the charge is appropriate to be determined summarily, having regard to—
(i) in the case of the Magistrates' Court, the matters in section 29(2); or
(ii) in the case of the Children's Court, whether the Children's Court is required to hear and determine the charge summarily by section 356(3) of the Children, Youth and Families Act 2005 .
Note
See section 28 for indictable offences that may be heard and determined summarily.
S. 168(2) amended by Nos 30/2010 s. 61(4), 43/2017 s. 26.
(2) Subject to section 168A, the court must not transfer a charge that the Magistrates' Court or the Children's Court has refused to hear and determine summarily unless there has been a significant change in the charges against the accused or in the prosecution case against the accused.
(3) If an order is made under this section, the transferred charge must be heard and determined summarily.
S. 168(4) inserted by No. 68/2009 s. 18.
(4) If an order is made under this section, the transferring court may—
S. 168(4)(a) amended by No. 30/2010 s. 61(5).
(a) order that the accused appear before the Magistrates' Court or the Children's Court (as the case requires) on a specified date; or
S. 168(4)(b) amended by No. 30/2010 s. 61(6).
(b) if the accused is a natural person, remand the accused in custody, or grant bail, to appear before the Magistrates' Court or the Children's Court (as the case requires) on a specified date; or
(c) in the case of a corporate accused, order the accused to appear, by a representative or a legal practitioner, before the Magistrates' Court on a specified date.
S. 168A inserted by No. 43/2017 s. 27.