Christmas Island Act 1958

Subject to this section, the Supreme Court, in the exercise of its criminal jurisdiction, may sit in a State if to do so would not be contrary to the interests of justice.

The Supreme Court may, at any time after the presentation of an indictment for an offence against a law in force in the Territory and before the jury has returned its verdict, if it is satisfied that the interests of justice require it, order:

if the trial of the offence has not begun—that the trial be held in a State, and at a time and place, specified in the order; and

if the trial of the offence has begun—that the trial be discontinued, the jury be discharged and a new trial be held in a State, and at a time and place, specified in the order.

The Supreme Court may make an order under subsection (2) at a sittings of the Court in the Territory or in a State.

The Supreme Court may make an order under subsection (2) at a sittings of the Court in a State whether or not the accused is present but, if the accused is not present, the Court shall only make the order if:

the accused is represented; and

the Court is satisfied that the accused understands the effect of the order.

Where the Supreme Court makes an order under subsection (2), the Court may order that:

on the warrant of the Registrar, a magistrate of the Territory or such other person as the Supreme Court directs (being a person who holds an office in relation to the Court), the accused be removed to the place specified in the order, and held there, for the purposes of the trial of that person and for any related proceedings; and

on the summons of the Registrar, all persons required to attend to give evidence in the trial or proceedings attend at the place specified in the order.

When exercising its criminal jurisdiction in a State, the Supreme Court has, and may exercise, all the powers that it would have if it were exercising its criminal jurisdiction in the Territory.

A power exercised by the Supreme Court under subsection (6) shall be deemed to have been exercised by the Court at a sittings of the Court in the Territory.

Where the Supreme Court is sitting in a State for the purpose of a trial in that State, the Court may, if it is satisfied that the interests of justice require it, order that, for the purpose of viewing a place, or taking evidence from a person, in the Territory, or for a prescribed purpose:

the trial be adjourned for such time as the Court considers reasonable and necessary, and be continued in the Territory for so long as is necessary for that purpose;

on the warrant of the Registrar, the accused be returned to the Territory for the purposes of the continuation of the trial and any related proceedings; and

the jurors empanelled for the trial go to the Territory and remain there for such time as the Court directs for the purpose of continuing to attend as jurors in the trial.

A person who appears as a witness in the Supreme Court in a trial, or in related proceedings, held wholly or partly in a State, shall be paid by the Commonwealth such fees and allowances as would be payable to the person if the person had appeared as a witness in a trial held in the Territory.

Where:

the Supreme Court, when exercising its criminal jurisdiction in a State, makes an order, issues a warrant or summons or gives a judgment;

a person fails to comply with that order, warrant, summons or judgment; and

that failure would have constituted an offence against a law in force in the Territory if it had occurred there;