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.
confirms that the court has the power to decide a wide range of issues and make orders before trial, including with respect to—
any issue of law or procedure, which includes a decision as to the admissibility of any evidence;
any issue of fact, or of mixed law and fact, that may be determined lawfully by a judge alone without a jury, including a decision as to the admissibility of any evidence;
any application for an order under the Bill or under any other Act or at common law; and
any other issue with respect to the trial.
This clause uses the phrase "at any time before trial" to describe its operation. This is different to other clauses that operate before trial which use the phrase "at any time except during trial" (for example, clause 168). The difference reflects the intention that this clause enables pre-trial decision-making rather than limiting decision-making powers during trial. This clause applies despite clauses 181 (powers of court at directions hearings), 183 (response of accused to summary of prosecution opening and notice of pre-trial admissions), 184 (intention to depart at trial from document filed and served) and 200 (disclosure of pre-trial issues). A decision made at a directions hearing or other pre-trial hearing has the same effect as if it had been made after the commencement of the trial. Finally, subclause (4) provides that nothing in this clause limits the power of the court to make any decision that it has the power to make under this Division. This provision is to ensure that, for example, a change of venue application or applications for orders under the Evidence Act 2008 are able to be decided before trial. Similarly, common law decisions can be made including a decision on an application to quash a charge in an indictment. This phrase replaces and modernises the historical term "demurrer" (currently referred to in section 390A(1) of the Crimes Act 1958). The broad range of decisions that can be made pre-trial under this provision incorporates the substance of section 391A of the Crimes Act 1958.