South Australian Current Acts

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CRIMINAL PROCEDURE ACT 1921 - SECT 118

118—Change of forum

        (1)         Where the Supreme Court is of the opinion that a defendant committed for trial or sentence in the Supreme Court (not being a defendant committed for trial or sentence on a charge of treason or murder, or an attempt or conspiracy to commit or an assault with intent to commit either of those offences) should be tried or sentenced in the District Court, the Supreme Court may order that the case be referred to the District Court.

        (2)         Where the Supreme Court is of the opinion that a defendant committed for trial or sentence in the District Court should be tried or sentenced in the Supreme Court, the Court may remove the case into the Supreme Court.

        (3)         Where the District Court is of the opinion that a defendant committed for trial or sentence in the District Court should be tried or sentenced in the Supreme Court, the Court may order that the case be referred to the Supreme Court.

        (4)         Where a case is referred to the District Court or removed or referred to the Supreme Court under this section, the case will proceed as if the committal had been to the Court to which the case is referred or removed.

        (5)         In deciding whether to exercise its powers under this section, the Supreme Court or the District Court will have regard to—

            (a)         the gravity of the case; and

            (b)         the difficulty of any questions of law or fact; and

            (c)         the views (insofar as they have been expressed) of the prosecutor and defendant; and

            (d)         any other relevant factors.



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