CRIMINAL PROCEDURE ACT 2004 - SECT 169

CRIMINAL PROCEDURE ACT 2004 - SECT 169

169 .         Prosecution determined by court without jurisdiction

        (1)         In this section, unless the contrary intention appears —

        jurisdictional error , in relation to a charge against a person being dealt with by a court, means an error of fact or law that is material to whether the court has jurisdiction to deal with the charge.

        (2)         If a court that does not have jurisdiction to deal with a charge against a person determines the charge as a result of a jurisdictional error —

            (a)         the court’s determination has full force and effect; and

            (b)         anything done as a result of the determination is lawful.

        (3)         If a court that does not have jurisdiction to deal with a charge against a person determines a charge as mentioned in subsection (2), a party to the prosecution or the Attorney General may apply to —

            (a)         that court; or

            (b)         if the determination is subject to an appeal, the court dealing with the appeal,

                for an order varying or setting aside the determination.

        (4)         The court to which such an application is made may either —

            (a)         refuse the application; or

            (b)         vary the determination and any sentence imposed or other order made as a result of the determination; or

            (c)         set aside the determination and any sentence imposed or other order made as a result of the determination and order the prosecution to be sent to and dealt with by a court that does have jurisdiction to deal with the charge against the person,

                and may make any necessary consequential orders.

        (5)         If a court is dealing with an appeal in relation to the determination, subsection (4) is in addition to the court’s powers on the appeal.

        [Section 169 inserted: No. 2 of 2008 s. 28.]