Victorian Current Acts

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Determination of committal proceeding where accused elects to stand trial

    (1)     Any time after the service on an accused of a hand-up brief, the accused may elect to stand trial.

    (2)     An election is made by—

        (a)     filing with the registrar a notice in the form prescribed by the rules of court and signed by the accused; and

S. 143(2)(b) amended by No. 68/2009 s. 51(zd).

        (b)     serving a copy of the notice on the informant in accordance with section 392.

    (3)     As soon as practicable after a notice is filed with the registrar under this section, the Magistrates' Court must—

        (a)     if the accused is in custody, direct that the accused be brought before the court; or

        (b)     if the accused is not in custody, direct that a summons to attend or warrant to arrest be issued.

    (4)     On the attendance of the accused before the Magistrates' Court, if the court considers that the accused understands the nature and consequence of the election, the court must commit the accused for trial in accordance with section 144.

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