Criminal Code Act 1899

The court may make a no jury order if it considers it is in the interests of justice to do so.

However, if the prosecutor applies for the no jury order, the court may only make the no jury order if the accused person consents to it.

If the accused person is not represented by a lawyer, the court must be satisfied that the accused person properly understands the nature of the application.

Without limiting subsection (1), (2) or (3), the court may make a no jury order if it considers that any of the following apply—

the trial, because of its complexity or length or both, is likely to be unreasonably burdensome to a jury;

there is a real possibility that acts that may constitute an offence under section 119B would be committed in relation to a member of a jury;

there has been significant pre-trial publicity that may affect jury deliberations.

Without limiting subsection (1), the court may refuse to make a no jury order if it considers the trial will involve a factual issue that requires the application of objective community standards including, for example, an issue of reasonableness, negligence, indecency, obscenity or dangerousness. sch 1 pt 8 ch 62 ch div 9A s 615 prev s 615 om 1995 No. 42 s 76 sch 2