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.

Clause 229

governs the procedure for joint trials (where two or more accused are named on the indictment) if a no-case submission is made. Currently there is no statutory provision dealing with this issue in the context of joint trials. In practice, the position is governed by a common law approach in R v Faure & Corrigan [1978] VR 246 and R v Webster [1974] VR 457 which allows a trial judge to determine whether to rule on a no case submission before or after hearing the case for one or more of the accused. For compatibility with the affirmation in the Charter of Human Rights and Responsibilities of the presumption of innocence, the Bill proceeds on the basis that all submissions should be heard at the end of the prosecution case.