South Australian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

STATUTES AMENDMENT (SERIOUS AND ORGANISED CRIME) ACT 2012 (NO 12 OF 2012) - SECT 38

38—Amendment of section 275—Information may be presented in name of Director of Public Prosecutions

Section 275—after subsection (2) insert:

        (3)         The Supreme Court and the District Court must make rules for expediting prescribed proceedings and, if there has been a determination by a bail authority under the Bail Act 1985 that the defendant in such proceedings is a serious and organised crime suspect, the trial of the matter must be commenced within the period of 6 months after the making of that determination, unless the determination ceases to apply or the Court determines—

            (a)         on its own initiative, that it is not reasonably practicable for the Court to deal with the matter within that period; or

            (b)         on application by the Director of Public Prosecutions or the defendant, that exceptional circumstances exist that justify the matter being set down for trial at a later date.

        (4)         For the avoidance of doubt, any power of the Supreme Court or the District Court to order the transfer of proceedings under this or any other Act or law applies to proceedings brought under this section in the same way as it applies to any other criminal proceedings.

        (5)         In this section—

"prescribed proceedings" means proceedings brought under this section for —

            (a)         an alleged serious and organised crime offence; or

            (b)         an offence joined in the same information as an alleged serious and organised crime offence.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback