Section 212 of the Criminal Procedure Act 2009 (Vic) does not impose a time limit for the commencement of a retrial following a hung jury; it applies only to original trials and retrials ordered by the Court of Appeal. Even if s 212 did apply, non-compliance would not invalidate the trial or deprive the County Court of jurisdiction, applying Project Blue Sky principles. Statutory time limits for criminal trials that are directed to the court (rather than the parties) and are capable of extension after expiry are directory, not mandatory, and non-compliance does not render proceedings a nullity.
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