CRIMINAL PROCEDURE REGULATION 2010 - REG 8 Application to stay indictment

This legislation has been repealed.

CRIMINAL PROCEDURE REGULATION 2010 - REG 8

8 Application to stay indictment

(1) This clause applies to:

(a) any application to the Supreme Court or District Court for an order staying or quashing an indictment, and

(b) any demurrer to an indictment.

(2) Unless the court otherwise orders, an application or demurrer to which this clause applies must not be listed for hearing unless it has been filed within the prescribed time after a copy of the draft indictment was given to the accused person or the accused person's Australian legal practitioner under clause 7 (3) or (6).

(3) For the purposes of this clause, the
"prescribed time" is:

(a) 1 month, in the case of an accused person who is in custody for the offence to which the indictment relates, or

(b) 3 months, in any other case.