Victorian Numbered Regulations

MAGISTRATES' COURT CRIMINAL PROCEDURE AMENDMENT (AUDIO VISUAL APPEARANCE) RULES 2016 (SR NO 115 OF 2016) - REG 6

In Form 21 of the Principal Rules—

        (a)     after—

" □     The proceeding has been adjourned and the accused is to be brought before the Magistrates' Court at at 10.00 a.m. on"

insert —

    " □     The proceeding has been adjourned and, in accordance with section 42JA of the Evidence (Miscellaneous Provisions) Act 1958 , the accused is required to appear before the Magistrates' Court at [ venue ] on the [ date of hearing ] via audio visual link at the time of [ time of hearing ], unless the accused is held in a place without audio visual facilities, in which case the accused is to be brought physically before the Court at that time.";

        (b)     for—

"You must receive the person named in this warrant into custody and safely keep that person—

        (a)     for the period specified, or in the circumstances described, in this warrant; or

        (b)     until that person is otherwise removed or discharged from custody by due course of law."

substitute —

"You must receive the person named in this warrant into custody and safely keep that person—

        (a)     until the [ date of next hearing ] when you are to convey the person to the [ court location ] at the time of [ time of hearing ]; or

        (b)     for the period specified, or in the circumstances described, in this warrant; or

        (c)     until that person is otherwise removed or discharged from custody by due course of law.".