South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to this
section, the Court, when sitting to adjudicate on any matter must be
constituted of a Judge or a Magistrate.
(2) The Court, when
sitting to hear and determine a charge of a major indictable offence, must be
constituted of a Judge.
(3) The Court, when
constituted of a Magistrate in criminal proceedings, may not impose a sentence
of detention for more than 2 years.
(4) The Court may be
constituted of a special justice if there is no Judge or Magistrate available
to constitute the Court but the Court, when so constituted—
(a) may
not impose a sentence of detention in criminal proceedings; and
(b) may
not hear and determine proceedings in which an order for the protection or
care of a child is sought.
(5) If the Court, when
constituted of a Magistrate or a special justice in criminal proceedings, is
of the opinion that the limitation on its powers imposed under this section
prevents it from imposing an appropriate sentence, the Court may adjourn the
question of sentence for hearing and determination by a Judge.
(6) 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.
(7) A Registrar or
special justice may—
(a)
issue summonses and warrants on behalf of the Court; or
(b)
adjourn proceedings; or
(c)
exercise any procedural or non-judicial powers assigned by the rules.