Australian Capital Territory Current Acts

COURT PROCEDURES ACT 2004 - SECT 77

    (1)     This division applies to a criminal proceeding that is a trial on indictment of an accused person in which—

        (a)     the Supreme Court has jurisdiction; and

        (b)     neither of the following events in the trial has happened:

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

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

    (2)     In this section:

"criminal proceeding"—a reference to a criminal proceeding includes a criminal proceeding begun before the day on which this section commences.

"trial"—a reference to a trial includes a retrial.