Local Court Act 2015

(1) In particular proceedings, the Court need not be constituted by the same person or persons for the whole of the proceedings, until the taking of evidence commences.

Example for subsection (1)

In criminal proceedings, a person who is arrested may initially be brought before the Court constituted by Judge A. When the person appears to plead the Court may be constituted by Judge B. An application under section 105G of the Local Court (Criminal Procedure) Act 1928 for leave to cross‑examine a witness may be dealt with by Judge C. The preliminary examination may then be conducted by the Court constituted by Judge D. However, under subsection (2), Judge D must then complete the proceedings.

(2) Once the taking of evidence commences, the Court must be constituted by the same person or persons until the proceedings are determined.

(3) However, if the defendant in criminal proceedings pleads guilty and the proceedings are adjourned before the making of sentencing submissions commences, after that adjournment:

(a) the Court need not be constituted by the same person or persons as when the plea was entered; but

(b) the Court must then be constituted by the same person or persons until the proceedings are determined.

Example for subsection (3)

Criminal proceedings may be adjourned after a defendant pleads guilty if a pre‑sentence report is required. If the adjournment occurs before sentencing submissions commence, when the defendant re-appears for sentencing, the Court may be constituted by a different Judge from the one who constituted the Court when the plea was taken.

the person or one of the persons who constitutes the Court is unable to continue, the Court constituted by a different person or persons may continue to deal with the proceedings.

(5) The question whether a person is unable to continue is decided by the Chief Judge and the Chief Judge's decision is not liable to be challenged on any ground.

(6) In this section, a person is unable to continue if the person:

(b) vacates office and is unable to finish dealing with the proceedings under section 58(2) or 64(2); or

(c) is, by reason of illness, injury or other cause, unable to continue dealing with the proceedings without unreasonable delay.