Where circumstances relevant to a decision to elect trial by judge alone arise after the time for election has expired under the Juries Rules 1996 (SA), and the accused would have elected within time had those circumstances been known, this provides a basis upon which a refusal to extend time would be unjust. The limitation on the right of election imposed by rules 8(5) and 8(7) is valid, being tempered by the discretion in rules 16 and 17. The expression 'special reasons' takes its colour from the context in which it is found and the purpose the statutory provision is intended to serve.
The full text is available to signed-in members.