Australian Capital Territory Current Acts

COURT PROCEDURES ACT 2004 - SECT 76

    (1)     The Supreme Court has jurisdiction in relation to the conduct of a criminal proceeding against an accused person for an indictable offence—

        (a)     if the accused person is committed to the sittings of the Supreme Court for the offence—when the Magistrates Court has completed making—

              (i)     an order to commit the accused person to the sittings of the Supreme Court (the committal order ); and

              (ii)     any other orders incidental to the committal order; or

        (b)     in any other case—when an indictment for the offence is presented against the accused person in the Supreme Court.

    (2)     Any orders, rulings or directions that may be made by the Supreme Court for the purposes of a trial for an indictable offence may be made before—

        (a)     if the tribunal of fact for the trial is a jury—the jury is empanelled; or

        (b)     if the tribunal of fact for the trial is a judge alone—the judge starts hearing evidence to determine the guilt or innocence of the accused person.

    (3)     An order, ruling or direction of the Supreme Court under subsection (2) is binding on the trial judge at the hearing of the trial unless in the opinion of the trial judge it is not in the interests of justice for the order, ruling or direction to remain binding.

    (4)     Subject to this Act, the point in a criminal proceeding on indictment against an accused person when an order, ruling or direction under subsection (2) is made is taken to be part of the trial of the accused person.

    (5)     If an accused person elects to be tried by a jury, the person may be arraigned again in the presence of the panel of jurors.