Once an order for trial by judge alone is made under s 420E of the Criminal Procedure Act 2009 (Vic), the accused cannot withdraw consent and the order cannot be varied or revoked by any judge; the only avenue of challenge is by appeal under s 420I. The filing of a fresh indictment charging the same offence does not commence a new criminal proceeding and does not affect an existing judge alone order. Section 337(2) of the CPA, which confers power to revoke or vary orders, is confined to procedural matters and does not extend to substantive orders affecting the fundamental right to trial by jury.
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