Victorian Current Acts

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Adjournment without appearance of parties

    (1)     If the parties have indicated in a case direction notice under section 118 that an adjournment of the committal mention hearing would assist them in determining how the matter should be dealt with, the Magistrates' Court may, without requiring the appearance of the informant or the accused, if satisfied that it is in the interests of justice to do so—

        (a)     adjourn the hearing for up to 14 days and fix another date for a committal mention hearing; and

        (b)     if the accused has been granted bail in respect of the committal proceeding—

              (i)     excuse the accused from attending on the date on which the accused was bailed to attend; and

              (ii)     extend the bail of the accused to the date fixed under paragraph (a).

    (2)     If the Magistrates' Court adjourns a committal mention hearing under subsection (1), it must give to the prosecution and the accused written notice of the date to which the hearing is adjourned.

S. 121(3) amended by No. 28/2023 s. 67(1)(a).

    (3)     If the Magistrates' Court extends bail under subsection (1)(b)(ii) it must give to the accused and each bail guarantor, if any, written notice of—

S. 121(3)(a) amended by No. 28/2023 s. 67(1)(b).

        (a)     the extension of bail by the court in the absence of the accused and the bail guarantor; and

        (b)     the date, time and place at which the accused is bound to attend; and

        (c)     the consequences of failure to attend on that date at that time and place.

S. 121(4) inserted by No. 28/2023 s. 67(2).

    (4)     In this section—

"bail guarantor" has the same meaning as in the Bail Act 1977 .

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