Victorian Numbered Acts

CRIMINAL PROCEDURE AMENDMENT (DOUBLE JEOPARDY AND OTHER MATTERS) ACT 2011 (NO. 81 OF 2011) - SECT 6

After section 53 of the Criminal Procedure Act 2009 insert —

        " 53A     Documents to be provided by police at first mention hearing

    (1)     This section applies if the informant is a member of the police force.

    (2)     At the first mention hearing, the informant must have the following documents available for provision to the accused or the legal practitioner representing the accused—

        (a)     a copy of the preliminary brief (if prepared);

        (b)     a copy of the full brief (if prepared);

        (c)     if neither a preliminary brief nor a full brief has been prepared—

              (i)     a copy of the charge-sheet in respect of the alleged offence; and

              (ii)     a statement of the alleged facts on which the charge is based; and

              (iii)     either—

    (A)     a copy of the criminal record of the accused that is available at the time of the first mention hearing; or

    (B)     a statement that the accused has no previous convictions or infringement convictions known at that time.

    (3)     This section does not apply to a proceeding for—

        (a)     an offence under the Road Safety Act 1986 or regulations or rules under that Act that is detected by a road safety camera, a speed detector or a process prescribed for the purposes of that Act; or

        (b)     an offence under the Melbourne City Link Act 1995 that is detected by a tolling device or a process prescribed for the purposes of Part 4 of that Act; or

        (c)     an offence under the EastLink Project Act 2004 that is detected by a tolling device or a process prescribed for the purposes of Part 9 of that Act.".