Trial by judge alone in certain criminal proceedings
68B Trial by judge alone in certain criminal proceedings
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.
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