Western Australian Current Acts Western Australian Current Acts (1) If an accused is
committed on a charge to a superior court or indicted in a superior court on a
charge, the prosecutor or the accused may apply to the court for an order that
the trial of the charge be by a judge alone without a jury.
(2) Any such
application must be made before the identity of the trial judge is known to
the parties.
(3) On such an
application, the court may inform itself in any way it thinks fit.
(4) On such an
application the court may make the order if it considers it is in the
interests of justice to do so but, on an application by the prosecutor, must
not do so unless the accused consents.
(5) Without limiting
subsection (4), the court may make the order if it considers —
(a) that
the trial, due to its complexity or length or both, is likely to be
unreasonably burdensome to a jury; or
(b) that
it is likely that acts that may constitute an offence under The Criminal Code
section 123 would be committed in respect of a member of a jury.
(6) Without limiting
subsection (4), the court may refuse to make the order if it considers the
trial will involve a factual issue that requires the application of objective
community standards such as an issue of reasonableness, negligence, indecency,
obscenity or dangerousness.
(7) If an accused is
charged with 2 or more charges that are to be tried together, the court must
not make such an order in respect of one of the charges unless the court also
makes such an order in respect of each other charge.
(8) If 2 or more
accused are to be tried together, the court must not make such an order in
respect of one of the accused unless the court also makes such an order in
respect of each other accused.
(9) If such an order
is made, the court cannot cancel the order after the identity of the trial
judge is known to the parties.