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.
allows the Supreme Court or the County Court to hear and determine a charge for a related summary offence where an accused pleads guilty to an indictable offence or is found guilty or not guilty of an indictable offence. The court may hear and determine the summary offence before sentencing or otherwise dealing with the accused in relation to the indictable offence. A related summary offence is transferred to the County Court or the Supreme Court from the Magistrates' Court under clause 145. These summary offences may then be dealt with after the proceeding in relation to the indictable offence has been completed. In many cases it will be more efficient for the County Court or Supreme Court to deal with the summary offences. In some cases this may involve the prosecution withdrawing the summary charges because these charges were alternative offences to the indictable offence and the accused is being dealt with for the indictable offence. In other cases, the matters may be able to be dealt with as part of a plea which also deals with the indictable offence. There may also be occasions in which it is efficient and practicable for the court to hear further evidence to determine the summary charge. Alternatively, it may be more appropriate to remit the summary offence to the Magistrates' Court to be determined. The court must hear and determine the charge for a related summary offence without a jury and, as far as practicable, in accordance with Part 3.3 (summary hearing). The evidence given in the trial or depositions (in the case of a guilty plea) relating to the indictable offence can be admitted as evidence (if the court has a discretion concerning whether to admit it) on the hearing of a charge for a related summary offence. Further evidence can be adduced with the leave of the court. The court can ultimately impose any sentence that may be imposed for the offence by the Magistrates' Court. The court may, if it considers appropriate to do so, transfer the proceeding for the related summary offence back to the Magistrates' Court for hearing and determination. Related offences and related summary offence are defined in clause 3.