(1) A preliminary order made in proceedings is binding on the presiding Judge
in those proceedings unless, in the opinion of the presiding Judge, it would
not be in the interests of justice for the order to be binding.
(2) If, on an
appeal against conviction or sentence, a new trial or sentencing hearing is
ordered, a preliminary order, or an order made by the presiding Judge, in
relation to the proceedings from which the conviction or sentence arose, is
binding on the presiding Judge who is presiding at the fresh hearing unless--
(a) in the opinion of the presiding Judge who is presiding at the fresh
hearing, it would not be in the interests of justice for that order to be
binding, or
(b) that order is inconsistent with an order made on appeal.
(3)
If proceedings before a presiding Judge are discontinued for any reason, a
preliminary order, or an order made by the presiding Judge, in relation to
those proceedings is binding on a presiding Judge presiding at any subsequent
hearing relating to the same offence as the discontinued proceedings unless,
in the opinion of the presiding Judge presiding at the subsequent hearing, it
would not be in the interests of justice for the order to be binding.
(4) In
this section--
"preliminary order" means any order made by a Judge, before the commencement
of a trial or sentencing hearing, in proceedings to which this Division
applies.
