The Magistrates Court of South Australia has the implied power to permanently stay criminal proceedings where a trial would be unfair and amount to an abuse of the court's processes. R v O'Loughlin; Ex Parte Ralphs (1971) 1 SASR 219, which held that courts of summary jurisdiction lacked such power, is distinguishable because the Magistrates Court Act 1991 (SA) established a court of permanence and continuity with state-wide jurisdiction. The power is to be exercised only in exceptional circumstances where there is a fundamental defect going to the root of the trial that cannot be remedied by other means.
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