4AApplication of Act to criminal proceedings without juries

4A Application of Act to criminal proceedings without juries

(1) This section applies to—

(a) a summary hearing or committal proceeding under the Criminal Procedure Act 2009; and

S. 4A(1)(ab) inserted by No. 32/2024 s. 835.

(ab) a pre-trial hearing under Division 5 of Part 5.5 of the Criminal Procedure Act 2009; and

(b) an appeal or case stated under the Criminal Procedure Act 2009; and

(c) an appeal or case stated under Part 5.4 of the Children, Youth and Families Act 2005; and

(d) a special hearing under Division 3 of Part 5A of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997; and

(e) an appeal under section 24AA or 38ZE of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997.

(2) The court's reasoning with respect to any matter in relation to which Part 4, 5, 6 or 7 makes provision—

(a) must be consistent with how a jury would be directed in accordance with this Act; and

(b) must not accept, rely on or adopt—

(i) a statement or suggestion that this Act prohibits a trial judge from making; or

(ii) a direction that this Act prohibits a trial judge from giving.