Victorian Current Acts

CRIMINAL PROCEDURE ACT 2009 - SECT 344

An application for leave under section 342 —

        (a)     in the case of a summary proceeding, must be filed with the Magistrates' Court and served on the informant in accordance with section 392 at least 7 days before the summary hearing;

        (b)     in the case of a committal proceeding, must be filed with the Magistrates' Court and served on the informant and the DPP in accordance with section 392 at least 7 days before the committal hearing;

S. 344(ba) inserted by No. 22/2020 s. 16.

        (ba)     in the case of a pre-trial cross-examination under an order made under section 198A or a limited preparatory cross-examination under an order made under section 198B, must be—

              (i)     filed with the County Court or the Supreme Court, as the case requires; and

              (ii)     served on the DPP in accordance with section 392 at least 7 days before the cross-examination;

        (c)     in the case of a trial, must be filed with the County Court or the Supreme Court (as the case requires) and served on the DPP in accordance with section 392—

              (i)     at least 14 days before the day on which the trial is listed to commence; or

              (ii)     if a special hearing is to be held, at least 14 days before that hearing;

        (d)     in the case of a sentencing hearing, must be filed with the relevant court and served on the informant or the DPP (as the case requires) in accordance with section 392 at least 7 days before the sentencing hearing is listed to commence.

New s. 345 inserted by No. 68/2009 s. 50.