Victorian Current Acts

YOUTH JUSTICE ACT 2024 - SECT 825

After section 300 of the Criminal Procedure Act 2009 insert —

        " 300A     Determination of appeal—interlocutory decision on presumption against criminal responsibility

    (1)     This section applies to an appeal under section 295 against an interlocutory decision that the presumption against criminal responsibility has been rebutted in respect of a charge for an offence allegedly committed by a person at 12 or 13 years of age.

    (2)     The appeal is to be determined on the evidence, if any, given in the proceeding to which the appeal relates, unless the Court of Appeal gives leave to adduce additional evidence.

    (3)     Despite section 300(2), the Court of Appeal—

        (a)     may affirm the decision that the presumption against criminal responsibility is rebutted; or

        (b)     may set aside the decision and enter a judgment of acquittal of the relevant offence.

    (4)     On affirming a decision that the presumption against criminal responsibility is rebutted, the Court of Appeal may order that the matter proceed to trial or to the determination of other pre-trial issues (as the case requires).

    (5)     A judgment of acquittal of the relevant offence under subsection (3)(b)—

        (a)     has the same effect as if it were a verdict of not guilty by the jury on the trial of the accused for the charge for the offence; and

        (b)     is to be entered on the record of the court that made the decision as a decision of not guilty.".