Victorian Numbered Acts Victorian Numbered Acts(1) After the evidence for the prosecution is concluded, the Magistrates' Court must enquire whether the accused intends to call any witness or make any submission.
(2) If the accused is not represented by a legal practitioner, the Magistrates' Court must inform the accused, in a manner likely to be understood by the accused, that—
(a) the accused has the right to answer the charge and must choose either—
(i) to give sworn evidence, that is, to enter the witness box, take the oath or make an affirmation and say what the accused wants to say in answer to the charge and then to respond to any questions from the prosecution or the court about the evidence of the accused; or
(ii) to say nothing in answer to the charge; and
(b) in either case, the accused may call any witnesses to give sworn evidence for the accused.
(3) After giving the information referred to in subsection (2), the Magistrates' Court must ask the accused what the accused wants to do.
(4) At the conclusion of all of the evidence and submissions, if any, the Magistrates' Court must—
(a) if in its opinion the evidence is not of sufficient weight to support a conviction for any indictable offence, discharge the accused; or
(b) if in its opinion the evidence is of sufficient weight to support a conviction for the offence with which the accused is charged, commit the accused for trial in accordance with section 144; or
(c) if in its opinion the evidence is of sufficient weight to support a conviction for an indictable offence other than the offence with which the accused is charged, adjourn the committal proceeding to enable the informant to file a charge-sheet in respect of that other offence and, if a charge-sheet is filed, must commit the accused for trial in accordance with section 144.
(5) If the informant does not file a charge-sheet for the other offence within the period of an adjournment under subsection (4)(c), the Magistrates' Court must discharge the accused.