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.
provides for when a matter is listed for a mention hearing or a filing hearing. This clause deals with the allocation of proceedings to the summary stream or the committal stream in the Magistrates' Court. If the charge-sheet contains a charge for an indictable offence that may be heard and determined summarily (and does not contain any charges for offences that are indictable only), it is possible to move from one stream to another. For example, if the charge-sheet is initially allocated to the summary stream, it is possible for the accused to decline to consent to a summary hearing. Conversely, if the charge-sheet is initially allocated to the committal stream, it is possible for an application for summary hearing to be made at any time before the court determines whether to commit the accused for trial. In particular, the application (or offer of a summary hearing) could be at a committal mention hearing or the committal hearing. Subclause (1) requires a matter to be listed for a mention hearing if a charge-sheet contains a charge for a summary offence. Subclause (2) allows the court to list a matter for either a mention hearing or a filing hearing if a charge-sheet contains a charge for an indictable offence that may be heard and determined summarily, having regard to any request for a committal proceeding included on the charge-sheet. This is subject to subclause (3) which provides that a mention hearing must be listed if a charge-sheet was filed after a notice to appear under clause 21 was given. Notices to appear should be used in cases where summary process will be appropriate and, as a result, such cases should not be put into the committal stream without an order by a Magistrate. Subclause (4) confirms that a matter must be listed for a filing hearing if a charge-sheet contains a charge for an indictable offence which cannot be heard and determined summarily.