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 an indictable offence to be heard and determined summarily if the accused (or their legal practitioner) consents and the Magistrates' Court considers that the charge is appropriate to be determined summarily having regard to—
the seriousness of the offence;
the adequacy of sentencing orders available to the court, having regard to the criminal record of the accused;
whether a co-accused is charged with the same offence; and
any other matters considered relevant by the court.
These considerations are not relevant to a proceeding in the Children's Court as the Children, Youth and Families Act 2005 provides that indictable offences must be heard and determined summarily unless, for instance, the Children's Court does not have the jurisdiction to hear the offence or the child objects to the case being heard and determined summarily. The clause provides that both a body corporate and a natural person who are jointly charged with an indictable offence which may be heard and determined summarily must consent to a summary hearing before the court hears the charge. If a corporate accused fails to appear in a proceeding and the natural person consents to a summary hearing then the court may proceed to hear the charge. The charge against the corporate accused may be heard and determined summarily, in its absence, in accordance with clause 82. A matter may also be heard and determined summarily if the County Court or Supreme Court orders that a charge for an indictable offence triable summarily be transferred under clause 168.