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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Juries (Prejudicial Publicity) Amendment
Bill 2015
A BILL FOR
An Act to amend the
Juries
Act 1927
.
Contents
Part 2—Amendment of Juries
Act 1927
4Amendment of section 7—Trial without
jury
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Juries (Prejudicial Publicity) Amendment
Act 2015.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Juries Act 1927
4—Amendment
of section 7—Trial without jury
(1) Section 7—after subsection (3c) insert:
(3ca) Where, in a
criminal trial before the Supreme Court or the District Court, an accused
applies for a stay of proceedings on the basis that publicity has prevented, or
may prevent, the accused from receiving a fair trial, the court may, at any
time, if it considers it necessary in order to ensure a fair trial, order that
the accused be tried by judge alone.
(3cb) A court may make an order under
subsection (3ca)
whether or not—
(a) a jury has been constituted in accordance with this Act to try the
issues on the trial; or
(b) in a trial in which 2 or more people are jointly charged, the
court also makes an order under that subsection in respect of the remaining
accused.
(3cc) Nothing in
subsection (3ca)
affects the powers of a court to punish a person for contempt of that
court.
(2) Section 7(3d)—after "subsection (3a)" insert:
or (3ca)