Australian Capital Territory Consolidated Acts

COURT PROCEDURES ACT 2004 - SECT 76

    (1)     The Supreme Court has jurisdiction in relation to the conduct of a proceeding on indictment as soon as the indictment is presented and the accused person is arraigned.

    (2)     Any orders that may be made by the Supreme Court for the purposes of the trial in the absence of the jury may be made before—

        (a)     a jury is empanelled; or

        (b)     if the accused person elects to be tried by a judge alone—the trial starts.

    (3)     If a proceeding is held for the purpose of making an order to which subsection (2) applies after the indictment is presented and before a jury is empanelled or a trial by judge alone starts—

        (a)     the proceeding is part of the trial of the accused person; and

        (b)     if the accused person is to be tried by a jury—the accused person must be arraigned again on the indictment when the jury is empanelled for the continuation of the trial.

    (4)     This section does not require a jury to be empanelled for the trial of the accused person for an offence if the accused person pleads guilty to the offence before the jury is empanelled.