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CRIMINAL PROCEDURE ACT 2004 - SECT 98

CRIMINAL PROCEDURE ACT 2004 - SECT 98

98 .         Issues that may be dealt with before trial

        (1)         This section applies if an accused is committed to, or is charged on indictment in, a superior court.

        (2)         At any time before the accused’s trial begins, the court —

            (a)         may determine any question of law or procedure, give any direction, or do any other thing, that is necessary or convenient in order to facilitate the preparation for, or the conduct of, the trial, or that is otherwise desirable;

            (b)         may determine any question of fact that in a trial may be determined lawfully by a judge alone without a jury;

            (c)         if it is satisfied as a matter of law that the accused has no case to answer on a charge, may find the accused not guilty of the charge without requiring a jury to give its verdict on the charge;

            (d)         may, whether or not a party asks the court to do so, refer a question of law to the Court of Appeal in accordance with the Criminal Appeals Act 2004 section 46;

            (e)         may deal with any application made by a party under this Part, Part 5 or Schedule 3;

            (f)         may exercise any power under this Act that may be exercised by the court on its own initiative;

            (g)         may permit the accused to make an admission under the Evidence Act 1906 section 32;

            (h)         may make an order under the Juries Act 1957 section 43A;

                  (i)         may make any order under section 137.

        (3)         If the accused is committed for sentence, the court may exercise the powers in subsection (2)(a) or (b) at any time before sentencing the accused.

        (4)         If under subsection (2)(d) a court refers a question of law to the Court of Appeal, it must adjourn the trial until the Court of Appeal gives its judgment.

        (5)         The judge constituting the court that deals with any matter under subsection (2) need not be the judge who constitutes the court when the trial of the accused takes place.

        (6)         Any proceedings under subsection (2) are to be taken to be part of the accused’s trial.

        (7)         The powers of a judge in a trial include, but are not limited to, the powers in this section.

        [Section 98 amended: No. 2 of 2008 s. 23.]