(ii) an equivalent provision of the laws of a jurisdiction other than Victoria— before the day on which Schedule 3 to the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 came into operation. (2) A reference to a finding of guilt in this Act does not include a finding of guilt that is subsequently quashed or set aside by a court. 5 Meaning of charged with an offence For the purposes of this Act, a person is deemed to have been charged with an offence if— (a) an indictment has been filed for the offence; S. 5(a) amended by or No. 68/2009 s. 97(Sch. item 136.1). (b) a charge-sheet charging the offence has been S. 5(b) amended by filed against the person, whether or not— No. 68/2009 s. 97(Sch. (i) a summons to answer to the charge; or item 136.2). (ii) a warrant to arrest the person— has been issued and served. 6 When is a charge pending? (1) Subject to any regulations made under subsection S. 6(1) amended by (2), for the purposes of this Act a charge against a No. 72/2016 person for an offence is pending until the charge s. 5. is finally dealt with, including in any of the following ways— (a) the charge is withdrawn or the person dies without the charge having been determined; (b) the charge is dismissed by a court; (c) the person is discharged by a court following a committal hearing;
(ii) an equivalent provision of the laws of a jurisdiction other than Victoria— before the day on which Schedule 3 to the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 came into operation. (2) A reference to a finding of guilt in this Act does not include a finding of guilt that is subsequently quashed or set aside by a court. 5 Meaning of charged with an offence For the purposes of this Act, a person is deemed to have been charged with an offence if— S. 5(a) amended by No. 68/2009 s. 97(Sch. item 136.1). (a) an indictment has been filed for the offence; or S. 5(b) amended by No. 68/2009 s. 97(Sch. item 136.2). (b) a charge-sheet charging the offence has been filed against the person, whether or not— (i) a summons to answer to the charge; or (ii) a warrant to arrest the person— has been issued and served. 6 When is a charge pending? S. 6(1) amended by No. 72/2016 s. 5. (1) Subject to any regulations made under subsection (2), for the purposes of this Act a charge against a person for an offence is pending until the charge is finally dealt with, including in any of the following ways— (a) the charge is withdrawn or the person dies without the charge having been determined; (b) the charge is dismissed by a court; (c) the person is discharged by a court following a committal hearing;
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