This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
Act index » Chapter 8 - General » Part 8.1 - Conduct of proceeding
337A Court may determine issue in criminal proceeding without oral hearing
How this provision has changed across versions can't be shown yet: the versions of this Act held here were read by different versions of the parser, and comparing them would report the parsers' own disagreements as amendments. Re-parse every version to restore it.
(1)In addition to, and without limiting, section 201, a court may determine any issue (other than determining whether an accused is guilty or not guilty) in any criminal proceeding without an oral hearing and entirely on the basis of written submissions and without the appearance of the parties—
(a)if the court is satisfied that it is in the interests of justice to do so; and
(b)whether or not the parties consent to the court doing so.
Section 201 provides for issues to be decided before trial on the basis of written submissions and without the appearance of the parties.
(2)For the purposes of subsection (1), in determining whether it is in the interests of justice to determine an issue in a criminal proceeding without an oral hearing, the court must have regard to—
(a)the right of an accused to be present at the accused's trial; and
(b)the right of an accused to a fair hearing; and
(c)the nature of the issue; and
(d)whether the accused or the offender (as the case requires) has had the opportunity to obtain legal advice; and
(e)whether the parties consent to the court doing so.
(3)Nothing in this section affects any other power of the court to determine an issue in a criminal proceeding without an oral hearing.