Where a new trial is ordered on appeal and is to be held after the commencement of the Criminal Procedure Act 2009 (Vic), the Crown must file indictments rather than presentments. The expression 'indictment previously filed' in s 164 includes 'presentment previously filed' in such transitional cases. However, additional charges not the subject of the appeal order that were committed under the old law must still proceed on presentments.
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