Power of court to order committal proceedings to be continued in certain cases
8A Power of court to order committal proceedings to be continued in certain cases
Where a person deemed to be convicted on indictment under section 102(2) of the Criminal Procedure Act 1986, appeals to the court against the conviction, the court may, either of its own motion, or on the application of the appellant, order that the proceedings before the Judge of the Local Court at which the appellant pleaded guilty be continued at a time and place to be specified in the order, if the court considers that a miscarriage of justice has occurred, and, that having regard to all the circumstances, the miscarriage of justice can be more adequately remedied by an order that those proceedings be so continued than by any other order which the court is empowered to make.
Where an order is made under subsection (1), the proceedings before the Judge of the Local Court shall be continued in all respects as if the appellant had not pleaded guilty and as if those proceedings had been adjourned by the judge to the time and place specified in the order.
Upon the making of the order, the court may, subject to the Bail Act 2013, exercise any power that the Judge of the Local Court might have exercised under section 41 of the Criminal Procedure Act 1986, if the order had been an order made by the judge adjourning the proceedings to the time and place so specified, and the provisions of section 41 of that Act apply to and in respect of the appellant.
The powers conferred on the court by this section are in addition to any other power conferred on the court by this Act.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.