Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CRIMINAL PROCEDURE ACT 2009 - SECT 389A

Application of Division

    (1)     This Division applies to a criminal proceeding that relates (wholly or partly) to a charge for—

        (a)     a sexual offence; or

        (b)     an offence if the conduct constituting the offence consists of family violence within the meaning of the Family Violence Protection Act 2008 ; or

        (c)     an indictable offence which involves an assault on, or injury or a threat of injury to, a person; or

        (d)     any offences against section 23 or 24 of the  Summary Offences Act 1966 if the offences are related offences to an offence specified in paragraph (a) or (c), despite whether any such related offences are withdrawn or dismissed before an offence against section 23 or 24 of the Summary Offences Act 1966 is heard and determined.

    (2)     This Division applies at any stage of the criminal proceeding, including an appeal or rehearing.

S. 389A(3) substituted by No. 38/2022 s. 69.

    (3)     This Division applies to—

        (a)     a witness (including a complainant) other than the accused in a criminal proceeding referred to in subsection (1) if the witness is—

              (i)     a person under the age of 18 years; or

              (ii)     a person with a cognitive impairment; and

        (b)     a witness who is a complainant in relation to a charge for a sexual offence.

    (4)     In this Division, "witness" means a witness referred to in subsection (3).

S. 389AB inserted by No. 38/2022 s. 70.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback