South Australian Consolidated Acts

MAGISTRATES COURT ACT 1991 - SECT 7A

7A—Constitution of Court

        (1)         Subject to this section, the Court, when sitting to adjudicate on any matter, must be constituted of a Magistrate.

        (2)         The Court may—

            (a)         in its Petty Sessions Division be constituted of a special justice; and

            (b)         in any other case, be constituted of a special justice if there is no Magistrate available to constitute the Court, but when constituted of a special justice, the Court may not impose a sentence of imprisonment in criminal proceedings.

        (2a)         If there is no Magistrate or special justice available to constitute the Court as a bail authority, the Court may be constituted of 2 justices for the purposes of an application under the Bail Act 1985 .

        (3)         The Court may, at any one time, be separately constituted in accordance with this section for the hearing and determination of any number of separate matters.