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 the procedure to be followed before and on committing the accused for trial. The clause requires the court, before committing an accused for trial, to ask whether they plead guilty or not guilty and to inform them that a guilty plea and the stage at which it was indicated may be a relevant consideration at sentencing. If the accused does not indicate whether they plead guilty or not guilty, the court will treat their silence as not guilty as the prosecution must prove the guilt of the accused unless the accused admits that they are guilty. The clause sets out the process which the court must follow when committing an accused for trial—
If an accused was unrepresented at the committal proceeding, the court must explain to them the importance of obtaining representation at trial and their right to legal aid if eligible. The court must also warn the accused that if they wish to be legally aided, it is their responsibility to apply to Victoria Legal Aid as soon as possible.
If relevant, the court must explain in a manner likely to be understood by the accused provisions relating to alibi evidence (clause 190), rules (5) to (5C) in section 37A(1) of the Evidence Act 1958 (these rules involve restrictions on cross-examining a complainant about their sexual history) and any other information required to be given by the rules of court.
Where the accused is a natural person, the court must either remand them in custody or grant bail until trial or a fixed date before trial.
Where the accused is a corporation, the court must order it to appear (by a representative or legal practitioner) on the day the trial is listed to commence or another specified day. The note refers to clause 252 which provides that it is an offence for a corporate accused to fail to appear on any day on which they are required to appear.