Victorian Current Acts

CRIMINAL PROCEDURE ACT 2009 - SECT 138

If an accused—

        (a)     has been absent from a committal hearing; and

        (b)     was not represented by a legal practitioner during the absence—

then, on the accused's attendance, the Magistrates' Court—

        (c)     must direct that—

              (i)     the record of evidence be played or read in the presence of the accused; or

              (ii)     the accused be supplied with a transcript of the evidence; and

        (d)     may, on the application of the accused and subject to section 124, recall for further examination any witness who gave oral evidence during the accused's absence.

Part 4.8—Evidence in committal proceeding