Victorian Current Acts

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CRIMINAL PROCEDURE ACT 2009 - SECT 183

Response of accused to summary of prosecution opening and notice of pre-trial admissions

S. 183(1) amended by No. 68/2009 s. 51(zj).

    (1)     After being served with a copy of the documents referred to in section 182 , the accused must serve on the prosecution in accordance with section 392 and file in court, at least 14 days before the day on which the trial of the accused is listed to commence—

        (a)     a copy of the response of the accused to the summary of the prosecution opening; and

        (b)     a copy of the response of the accused to the notice of pre-trial admissions.

    (2)     The response of the accused to the summary of the prosecution opening must identify the acts, facts, matters and circumstances with which issue is taken and the basis on which issue is taken.

    (3)     The response of the accused to the notice of pre‑trial admissions must indicate what evidence, as set out in the notice of pre-trial admissions, is agreed to be admitted as evidence without further proof and what evidence is in issue and, if issue is taken, the basis on which issue is taken.

    (4)     Despite subsections (2) and (3), the accused is not required to state—

        (a)     the identity of any witness (other than an expert witness) to be called by the accused; or

        (b)     whether the accused will give evidence.



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