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.
requires the court to enquire, after the prosecution's evidence concludes, whether the accused intends to call any witnesses or make an submission. If the accused is unrepresented, the court must inform them in a manner likely to be understood that they have the right to answer the charge and must choose either to give sworn evidence or to say nothing in answer to the charge and that, in either case, they may call any witness to give sworn evidence for them. The court must then ask the accused what they intend to do. The clause sets out that the court must proceed at the conclusion of all evidence and submissions by—
discharging the accused if it considers that the evidence is insufficient to support a conviction for an indictable offence;
committing the accused for trial (in accordance with clause 144 which sets out the procedure for committing the accused for trial) if it considers that the evidence is sufficient to support a conviction for the offence in question;
adjourning the committal proceeding to enable the informant to file a charge-sheet in respect of another offence if it considers that the evidence is sufficient to support a conviction for an indictable offence other than that with which the accused is charged. If a charge- sheet is filed, the court must commit the accused for trial in accordance with clause 144. If a charge-sheet is not filed within the adjournment period, the court is required to discharge the accused.