46AChanges in constitution of Court during proceedings

46A Changes in constitution of Court during proceedings (1) In particular proceedings, the Court need not be constituted by the same person or persons for the whole of the proceedings, until the taking of evidence commences. (2) Once the taking of evidence commences, the Court must be constituted by the same person or persons until the proceedings are determined. Youth Justice Act 2005 31 (3) If, in criminal proceedings, the defendant pleads guilty and the proceedings are adjourned before the making of sentencing submissions commences, after that adjournment: (a) the Court need not be constituted by the same person as when the plea was entered; but (b) the Court must then be constituted by the same person until the proceedings are determined. (4) Further, if at any stage of proceedings the person who constitutes the Court is unable to continue, the Court constituted by a different person or persons may continue to deal with the proceedings. (5) The question whether a person is unable to continue is decided by the Chief Judge and the Chief Judge's decision is not liable to be challenged on any ground. (6) In this section, a person is unable to continue if the person: (a) dies; or (b) vacates office; or (c) is, by reason of illness, injury or other cause, unable to continue dealing with the proceedings without unreasonable delay.