Western Australian Current Acts

CRIMINAL PROCEDURE ACT 2004 - SECT 122

122 .         Incapacity of judge

        (1)         If in a trial by jury the trial judge becomes incapable of continuing with the trial —

            (a)         another judge may take over the conduct of the trial; but

            (b)         if that does not occur within a reasonable time, some other officer of the court must discharge the jury from giving its verdict.

        (2)         If in a trial of an accused the trial judge becomes incapable of continuing with the trial and —

            (a)         another judge does not take over the trial under subsection (1)(a); or

            (b)         the trial is being conducted without a jury,

                the accused, if in custody, must remain in custody until he or she can be brought before another judge who may adjourn the case.