42JApplication of Division

42J Application of Division This Division applies to the appearance before a court of an accused in a criminal proceeding including a proceeding associated with, or ancillary to, or in consequence of, the prosecution for the offence[[6]](#endnote-7). S. 42JA inserted by No. 38/2016 s. 3. 42JA Appearance of adult accused before Magistrates' Court S. 42JA(1) amended by No. 11/2021 s. 8(1). (1) Subject to subsection (2) or (3), unless the Magistrates' Court makes a direction under section 42L(1), an accused, other than a child, being held in custody who is required to appear, or be brought, before the Magistrates' Court on a proceeding (including a proceeding with respect to bail or sentencing) is required to appear before it by audio visual link. (2) Unless the Magistrates' Court makes a direction under section 42M(1), an accused, other than a child, being held in custody who is required to appear, or be brought, before the Magistrates' Court is required to appear, or be brought, physically before the Magistrates' Court— (a) on an inquiry into the accused's fitness to plead to the charge; or S. 42JA(2)(b) amended by No. 5/2025 s. 56(a). (b) on the hearing of the charge if the accused is pleading not guilty. S. 42JA(2)(c) repealed by No. 5/2025 s. 56(b). S. 42JA(2A) inserted by No. 11/2021 s. 8(2), amended by No. 11/2022 s. 8(1), repealed by No. 6246/1958 s. 42YA(a) (as amended by No. 11/2022 s. 8(2)). S. 42JA(3) substituted by No. 44/2021 s. 5. (3) Unless the Magistrates' Court makes a direction under section 42MAA(1), an accused, other than a child, who has been taken into custody and who is required to be brought before a bail justice or the Magistrates' Court within a reasonable time of being taken into custody to be dealt with according to law is, if being brought before the Magistrates' Court, required to be brought physically before the court. S. 42K inserted by No. 4/1997 s. 3, amended by Nos 10/1999 s. 8(6), 68/2009 s. 97(Sch. items 54.25–54.29), 38/2016 s. 4, substituted by No. 11/2021 s. 9.