361AATrial by judge alone

361AA Trial by judge alone

[Section 361AA Amended by No. 4 of 2022, s. 4, Applied:08 Jun 2022]

(1)  Despite section 361 , a party to proceedings in respect of a crime may apply to the court for an order to have the trial in respect of the crime be determined by a single judge in place of a trial by jury.

(2)  An application for an order under subsection (1) in respect of a crime –

(a) [Section 361AA Amended by No. 33 of 2023, s. 11, Applied:27 Nov 2023] may only be made within the 3-month period immediately after the accused person, in respect of the crime, has first appeared before the Supreme Court in respect of the crime; and

(b) may only be made by the prosecutor for the crime if –

(i) the accused person, in respect of the crime, has given informed consent to the proposed order; or

(ii) as part of the application, the prosecutor requests that the court make the proposed order without the consent of the accused person, in respect of the crime, in accordance with subsection (8) ; and

(c) may not be made in respect of an offence against a law of the Commonwealth.

(3)  Despite subsection (2)(a) , the court may consider an application made outside of the period specified in that paragraph if the court is satisfied that the applicant has provided a reasonable explanation for the delay in the making of the application.

(4)  In determining whether to make an order under subsection (1) , the court may inform itself in any manner it thinks appropriate.

(5)  The court must not make an order under subsection (1) in respect of a crime unless the court is satisfied that –

(a) the accused person, in respect of the crime, has given informed consent in accordance with subsection (6) to the proposed order; and