NSWIn ForceAct
Criminal Procedure Act 1986
129Time within which indictment to be presented
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#### 129 Time within which indictment to be presented
129 Time within which indictment to be presented
> > (1) In this section, relevant court, in relation to a matter, means the Supreme Court or the District Court before which the matter has been listed for trial or mention.
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> > (2) An indictment is to be presented within 4 weeks after the committal of the accused person for trial, except as provided by this section.
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> > (3) The time within which the indictment is to be presented may be extended—
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> > > (a) by the regulations or (subject to the regulations) the rules of the relevant court, or
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> > > (b) by order of the relevant court.
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> > (4) If an indictment is not presented within the time required by this section, the relevant court may—
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> > > (a) proceed with the trial if an indictment has been presented, or
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> > > (b) adjourn the proceedings, or
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> > > (c) take such other action as it thinks appropriate in the circumstances of the case.
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> > (5) The prosecutor has no right to an adjournment merely because an indictment has not been presented.
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> > (6) The relevant court must, in exercising any power under this section, have regard to the fact that the Crown does not have a right of appeal if the accused person is acquitted.
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> > (7) This section does not affect the powers of the relevant court under section 21.
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> **s 129 (previously s 54):** Renumbered 2001 No 119, Sch 1 \[55\]. Am 2001 No 119, Sch 1 \[56\].