15Abortive proceedings and new trials after proceedings discontinued

15 Abortive proceedings and new trials after proceedings discontinued

[Section 15 Subsection (1) amended by No. 19 of 1990, s. 7 ]

(1)  *[Section 15 Subsection (1) amended by No. 45 of 1978, s. 6 ]*Where after the commencement of this Act –

(a) any civil or criminal proceedings are rendered abortive by the death, retirement, resignation, or protracted illness of a judicial officer before whom the proceedings are heard or by disagreement on the part of the jury where the proceedings are with a jury;

(b) an appeal from the conviction of a person (in this section referred to as "the appellant") convicted on indictment is upheld and a new trial is ordered; or

(c) [Section 15 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] [Section 15 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] the hearing of any civil or criminal proceedings is discontinued and a new trial ordered by a judicial officer before whom the proceedings are heard for a reason not attributable in any way to the act, neglect, or default, in the case of civil proceedings, of all or of any one or more of the parties thereto or their Australian legal practitioners, or, in the case of criminal proceedings, of the accused or his Australian legal practitioners, and the judicial officer grants a certificate–

(i) [Section 15 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] in the case of civil proceedings, to any party thereto stating the reason why the proceedings were discontinued and a new trial ordered and that the reason was not attributable in any way to the act, neglect, or default of all or any one or more of the parties to the proceedings or of their Australian legal practitioners; or

(ii) [Section 15 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] in the case of criminal proceedings, to the accused stating the reason why the proceedings were discontinued and a new trial ordered and that the reason was not attributable in any way to the act, neglect, or default of the accused or of his Australian legal practitioners–