South Australian Current Acts

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CRIMINAL PROCEDURE ACT 1921 - SECT 132

132—Determinations of court binding on trial judge

A determination or order made by a judge of the superior court in proceedings dealing with charges laid in an information is binding on a judge of the court presiding at the trial of the defendant, whether the trial is the first or a new trial following a stay of the proceedings, discontinuance of an earlier trial or an appeal, unless—

            (a)         the trial judge considers that it would not be in the interests of justice for the determination or order to be binding; or

            (b)         the determination or order is inconsistent with an order made on such an appeal.



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