Where jury trials have resumed following a COVID-19 suspension, the court may reconsider a proposed judge alone order under s 68BA of the Supreme Court Act 1933 (ACT) where no final order has been made. The accused's lack of consent to a judge alone trial remains at least relevant to the exercise of the discretion, though there is a difference of judicial opinion within the ACT Supreme Court as to the weight to be given to that factor.
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