(1) If the presiding judge of criminal proceedings being tried by a jury in
the District Court or the Supreme Court dies, becomes ill or is otherwise
unable to continue the proceedings (the
"former presiding judge" ), the senior judicial officer of the relevant court
may, after hearing submissions from the parties to the proceedings--
(a)
nominate another judge of the court (the
"new presiding judge" ) to take over the conduct of the proceedings, or
(b)
discharge the jury and order a new trial.
(2) Before making a decision to
nominate a new presiding judge, the senior judicial officer must consider
whether it would be in the interests of justice to do so, including (but not
limited to) the following matters--
(a) whether the new presiding judge will
be available to take over the conduct of the proceedings within a reasonable
time,
(b) whether a transcript, audio or video recording of all of the
proceedings is available,
(c) the time that will be required for the
new presiding judge to familiarise himself or herself with any available
transcript or audio or video recording of the proceedings, and with any
evidence that has been given in the proceedings,
(d) the submissions from the
parties,
(e) the progress of the trial, including whether any key witnesses
for the prosecution or the defence have given evidence,
(f) the history,
estimated length and complexity of the trial,
(h) whether the decision to nominate a new presiding judge would
be unfair to any of the parties to the trial.
(3) If the senior judicial
officer of the relevant court is unable to make a decision, the senior
judicial officer may nominate another judge of the relevant court to make a
decision in accordance with this section.
(3A) To avoid doubt, this section
does not apply--
Note : Section 5F (Appeal against interlocutory judgment or order)
of the Criminal Appeal Act 1912does not extend to a decision made under this
section.