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Act index » Part 2 - The Magistrates' Court of Victoria
4Q Sentencing procedure in Neighbourhood Justice Division
(1)This section applies to the Neighbourhood Justice Division when it is considering which sentence to impose on an accused.
S. 4Q(1) amended by No. 68/2009 s. 97(Sch. item 82.16).
(2)The Neighbourhood Justice Division may inform itself in any way it thinks fit, including by considering a report prepared by, or a statement or submission prepared or made to it by, or evidence given to it by—
(g)anyone else whom the Division considers appropriate.
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(4)Nothing in this section affects the requirement to observe the rules of natural justice.
(5)This section does not limit—
(a)any other power conferred on the Court by or under this or any other Act; or
(b)any other specific provision made by or under this or any other Act for the making of any report, statement or submission, or the giving of any evidence, to the Court for the purpose of assisting it in determining a sentence.
(6)To avoid doubt, Part 3.10 of the Evidence Act 2008 does not apply to the Neighbourhood Justice Division in considering the sentence to impose under this section, unless the Neighbourhood Justice Division directs, in accordance with section 4(2) of the Evidence Act 2008, that it applies.
S. 4Q(6) inserted by No. 69/2009 s. 54(Sch. Pt 1 item 34.2).