361AArgument before jury is sworn

361A Argument before jury is sworn

[Section 361A Inserted by No. 21 of 1994, s. 5 ][Section 361A Amended by No. 80 of 2001, Sched. 1, Applied:01 Jul 2002] [Section 361A Amended by No. 70 of 2003, s. 4, Applied:15 Dec 2003]

(1)  [Section 361A Amended by No. 17 of 2024, s. 18, Applied:01 Nov 2024] If an accused person is to be tried for a crime, all or any of the following may occur before a jury is sworn if the court thinks fit:

(a) the accused person may make admissions under section 184 of the Evidence Act 2001 ;

(b) the court may determine any question of law or procedure that has arisen or is expected to arise in the trial;

(c) the court may determine any question of fact that may lawfully be determined by a judge alone without a jury;

(d) the court may determine any other question that it considers necessary or convenient to determine in order to ensure that the trial will be conducted fairly and expeditiously;

(e) the court may give such directions as it thinks fit in order to resolve any issue or matter that it considers necessary or convenient to resolve before a jury is sworn.

(2)  If  –

(a) an admission, determination or direction is made or given under subsection (1) ; and

(b) a new trial of the indictment is had at the same or any future sittings of the court, whether before the same or a different judge –

the admission, determination or direction has the same status for the purposes of the new trial as if it had been made or given, between the arraignment of the accused and the empanelment of the jury, during that new trial.

(3)  [Section 361A Amended by No. 17 of 2024, s. 18, Applied:01 Nov 2024] Subsection (2) does not apply to an admission, determination or direction made or given under in respect of a matter if a judge presiding over a trial for the matter is satisfied that –