8Application to stay indictment

#### 8 Application to stay indictment 8 Application to stay indictment > > (1) This clause applies to— > > > > > (a) any application to the Supreme Court or District Court for an order staying or quashing an indictment, and > > > > > (b) any demurrer to an indictment. > > > (2) Unless the court otherwise orders, an application or demurrer to which this clause applies must not be listed for hearing unless it has been filed within the prescribed time after a copy of the draft indictment was given to the accused person or the accused person’s Australian legal practitioner under clause 7 (3) or (6). > > > (3) For the purposes of this clause, the prescribed time is— > > > > > (a) 1 month, in the case of an accused person who is in custody for the offence to which the indictment relates, or > > > > > (b) 3 months, in any other case.