Supreme Court Act 1933

A criminal proceeding against an accused person for an offence other than an excluded offence must be tried by a judge alone if—

the person elects in writing to be tried by a judge alone; and

the person produces a certificate signed by a legal practitioner stating that—

the legal practitioner has advised the person in relation to the election; and

the person has made the election freely; and

the election and certificate are filed in the court before—

the person, or the person’s legal representative, knows the identity of the judge for the person’s trial; and

any time limit prescribed under the rules; and

if there is more than 1 accused person in the proceeding—

each other accused person also elects to be tried by a judge alone; and

each other accused person’s election is made in relation to all offences for which that person is to be tried in the proceeding; and

none of the offences for which any other accused person is to be tried is an excluded offence.

An accused person who elects to be tried by a judge alone may, at any time before the person is arraigned, elect to be tried by a jury.

If an accused person makes and then withdraws an election, the person may not make another election.

In this section:

excluded offence means an offence against a provision mentioned in an item in schedule 2 (Trial by judge alone—excluded offences), part 2.2, column 3 of an Act mentioned in the item, column 2.