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 65

is a new Division that, together with Divisions 6 and 7, set out the course of a summary hearing in the Magistrates' Court. Currently this is dealt with in clause 2, Schedule 2 to the Magistrates' Court Act 1989 by referring to procedure at trial in the Supreme Court "with any necessary modifications". Consistent with the general approach taken in the Bill, the steps in a summary hearing are clearly set out in Divisions 5, 6 and 7 and largely reflect the trial provisions in the Bill. This clause provides that the prosecution may give an opening address and the accused may give an opening address in response to the prosecution opening if the Magistrates' Court grants leave to do so. The clause is not prescriptive therefore an accused is not required to make an opening address, which is different to the current position in the Crimes (Criminal Trials) Act 1999. This is consistent with the accused's right to silence. The court may limit the length of the address of either party. Division 6—Case for the accused