Criminal Code Act 1983

(1) This section applies if the presiding Judge becomes incapable of continuing with a trial.

(2) The Chief Justice or acting Chief Justice may, after hearing submissions from the parties, decide:

(a) to take over, or assign another Judge to take over, the conduct of the trial; or

(3) For the purpose of hearing submissions and making the decision, the Chief Justice or acting Chief Justice may make the orders the Chief Justice or acting Chief Justice considers appropriate.

(4) If a Judge (the new presiding Judge) takes over the conduct of the trial:

(a) rulings of the former presiding judge about the conduct of the trial continue to have effect; and

(b) the rulings may be re-examined only if the new presiding judge is satisfied the re-examination is justified because of fresh evidence or material brought before the court.

(5) However, if the Chief Justice or acting Chief Justice decides to terminate the trial, the Chief Justice or acting Chief Justice must:

(b) remand the accused in custody, or release the accused on bail, to await a further trial.

(6) If, because of the circumstances of the incapacity of the presiding Judge it is impracticable for the Chief Justice or acting Chief Justice to make a decision under subsection (2) in a reasonable time:

(b) if in custody, the accused must remain in custody to await a further trial but has the same rights relating to bail as applied on the original committal for trial.