Victorian Current Acts

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CRIMINAL PROCEDURE ACT 2009 - SECT 413

Transfer of charge to court with jurisdiction

    (1)     If, as a result of error, a charge is before a court which does not have jurisdiction to hear it, the court may order that the charge be transferred to the appropriate court, if the court is satisfied that it is in the interests of justice to do so.

S. 361(2) inserted by No. 68/2009 s. 42, renumbered as s. 413(2) by No. 68/2009 s. 52(za).

    (2)     If an order is made under this section, the transferring court may—

        (a)     order that the accused appear before the court to which the charge is transferred on a specified date; or

        (b)     if the accused is a natural person, remand the accused in custody, or grant bail, to appear before the court to which the charge is transferred 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 court to which the charge is transferred on a specified date.

S. 414 inserted by No. 68/2009 s. 53.



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