77Application—div 8.3

77 Application—div 8.3 (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. 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.