Australian Capital Territory Consolidated Acts

SUPREME COURT ACT 1933 - SECT 68B

    (1)     An accused person in criminal proceedings shall be tried by a judge alone if—

        (a)     the accused person elects in writing to undergo such a trial; and

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

              (i)     he or she has advised the accused in relation to the election; and

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

        (c)     the election is made before the court first allocates a date for the person's trial; and

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

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

              (ii)     each accused person's election is made in relation to all offences with which he or she is charged.

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

    (3)     If an accused person makes and then withdraws an election, he or she shall not make another election.