SUPREME COURT ACT 1933 - SECT 68B Trial by judge alone in certain criminal proceedings

SUPREME COURT ACT 1933 - SECT 68B

    (1)     A criminal proceeding against an accused person for an offence other than an excluded offence must be tried by a judge alone if—

        (a)     the person elects in writing to be tried by a judge alone; and

        (b)     the person produces a certificate signed by a legal practitioner stating that—

              (i)     the legal practitioner has advised the person in relation to the election; and

              (ii)     the person has made the election freely; and

        (c)     the election and certificate are filed in the court before—

              (i)     the person, or the person's legal representative, knows the identity of the judge for the person's trial; and

              (ii)     any time limit prescribed under the rules; and

        (d)     if there is more than 1 accused person in the proceeding—

              (i)     each other accused person also elects to be tried by a judge alone; and

              (ii)     each other accused person's election is made in relation to all offences for which that person is to be tried in the proceeding; and

              (iii)     none of the offences for which any other accused person is to be tried is an excluded offence.

    (2)     An accused person who elects to be tried by a judge alone may, at any time before the person is arraigned, elect to be tried by a jury.

    (3)     If an accused person makes and then withdraws an election, the person may not make another election.

    (4)     In this section:

"excluded offence" means an offence against a provision mentioned in an item in schedule 2 (Trial by judge alone—excluded offences), part 2.2, column 3 of an Act mentioned in the item, column 2.