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CRIMINAL PROCEDURE ACT 2009 - SECT 331

Power to adjourn proceeding

    (1)     A court may adjourn the hearing of a criminal proceeding before the court—

        (a)     to any time and place; and

        (b)     for any purpose; and

        (c)     on any terms as to costs or otherwise—

that it considers appropriate.

    (2)     If at any time a court adjourns the hearing of a criminal proceeding, the court may—

        (a)     allow the accused to go at large; or

        (b)     remand the accused in custody; or

        (c)     grant the accused bail or extend his or her bail.

Note to s. 331(2) substituted as Notes to s. 331(2) by No. 43/2017 s. 35.

Notes

1     See section 333 of this Act and section 5A of the Bail Act 1977 where the accused is undergoing a sentence of detention in a youth justice centre.

2     If an order is made under paragraph (a) or (c) and the accused is the subject of a youth remand warrant that was issued in another criminal proceeding, the youth remand warrant remains in effect.

3     If an accused is remanded into custody under paragraph (b), section 6A(2A) of the Corrections Act 1986 provides that the remand order under paragraph (b) takes effect despite the existence of a youth remand warrant.

    (3)     If a court has adjourned the hearing of a criminal proceeding to a particular time, it may order that the hearing be held or resumed before that time.

    (4)     A court may only make an order under subsection (3)—

        (a)     with the consent of all the parties; or

        (b)     on the application of a party who has given reasonable notice of the application to the other parties.

S. 331(5) amended by No. 6/2018 s. 68(Sch. 2 item 38.4).

    (5)     If a court adjourns a criminal proceeding in which a jury has been sworn (by jurors taking an oath or making an affirmation), whether or not the accused is present, the court may discharge the jury from giving a verdict and order a new trial.

    (6)     If a court has adjourned the hearing of a criminal proceeding to a particular time and has remanded the accused in custody, the court may order that the accused be brought at any time before then—

        (a)     before the court; or

S. 331(6)(b) amended by No. 69/2009 s. 54(Sch. Pt 2 item 18.1).

        (b)     to another place specified in the order where facilities exist to enable the accused to appear before the court by audio visual link (within the meaning of Part IIA of the  Evidence (Miscellaneous Provisions) Act 1958 )—

in order that the hearing may be held or continued.

    (7)     The officer in charge of the prison or youth justice centre or other officer who has custody of the accused must obey an order under subsection (6).



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