Victorian Current Acts

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CRIMINAL PROCEDURE ACT 2009 - SECT 420M

Determination of appeal

    (1)     An appeal against a decision regarding trial by judge alone is to be determined on the basis of—

        (a)     submissions made by the accused and the prosecution to the trial judge in relation to the decision; and

        (b)     if the Court of Appeal gives either party leave to make further submissions, those submissions.

    (2)     On an appeal under section 420I, the Court of Appeal—

        (a)     may affirm or set aside the decision regarding trial by judge alone (the  original decision ); and

        (b)     if it sets aside a decision not to make an order under section 420E, may make that order; and

        (c)     must remit the matter to the court that made the original decision (the  originating court ) for trial.

    (3)     If the Court of Appeal remits a matter to the originating court under subsection (2)(c)—

        (a)     it may give directions concerning the manner of the trial, including—

              (i)     a direction as to whether the trial is to be conducted by the same judge or a different judge; and

              (ii)     if the Court of Appeal set aside a decision to make an order under section 420E, a direction that the trial be by jury; and

        (b)     the originating court, whether constituted by the same judge or a different judge, must conduct the trial in accordance with the directions given, if any.

New s. 420N inserted by No. 11/2022 s. 3.



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