Pre-trial hearings
2A.2 Pre-trial hearings
Subject to this Rule, a judicial registrar may constitute the Court for the purposes of a pre-trial hearing.
A judicial registrar must not constitute the Court for—
a special hearing under Division 6 of Part 8.2 of the Act; or
a sentencing hearing.
When a judicial registrar constitutes the Court at a pre-trial hearing under paragraph (1), all the powers under the Act that the Court would have at such a hearing are delegated to the judicial registrar—
except the powers of the Court referred to in paragraph (4); and
in the case of the powers of the Court under sections 168(4)(b), 331(2) and 413(2)(b) of the Act, subject to the qualifications set out in Rule 2A.3.
Note
Rule 2A.3 qualifies the exercise, by a judicial registrar, of the powers under the Act to grant or extend bail, and to remand an accused in custody.
The following powers of the Court are not delegated to the judicial registrar—
the power of the Court under section 181(2)(i) of the Act to determine any objection relating to the disclosure of information or material by the prosecution;
the power of the Court to, in accordance with section 181(2)(k) of the Act, determine an application under section 208 of the Act for a sentence indication under section 207 of the Act;
the powers of the Court under sections 193(1) and (2) and 195 of the Act to order that certain charges be tried separately;
the power of the Court under section 242(1) and (1A) of the Act to hear and determine a charge for a related summary offence, except as described in paragraph (5);
the powers of the Court under section 243(1) and (1A) of the Act to hear and determine a charge for an unrelated summary offence, except as described in paragraph (5);
Rule 2A.2(4)(f) amended by S.R. No. 90/2022 rule 14(1).
the power of the Court to grant leave under section 342 of the Act, except as described in paragraph (6);
the power of the Court under section 387F(1)(b) of the Act to order that a recorded statement referred to in section 387E of the Act is not admissible;
the power of the Court under section 387F(2)(c) of the Act to determine whether the Court is satisfied as described in that paragraph;
the power of the Court under section 387F(4) of the Act to rule as inadmissible the whole or any part of the content of a recorded statement referred to in section 387E of the Act;
the power of the Court under section 387G(2) of the Act to admit as evidence‑in‑chief a recorded statement;
the power of the Court under section 387J(1) of the Act to order that a recorded statement be produced for use;
the power of the Court under section 415 of the Act to direct that a person be tried for perjury;
the power of the Court to impose any sentence.
Nothing in paragraph (4)(d) or (e) prevents the judicial registrar from—
exercising the power of the Court under section 242(1) or (1A) of the Act to determine a charge for a related summary offence by striking out the charge; or
exercising the power of the Court under section 243(1) or (1A) of the Act to determine a charge for an unrelated summary offence by striking out the charge—
if the striking out of the charge is not opposed.
Rule 2A.2(6) inserted by S.R. No. 90/2022 rule 14(2), substituted by S.R. No. 16/2023 rule 5.
Nothing in paragraph (4)(f) prevents the judicial registrar from exercising the power of the Court to grant leave under section 342 of the Act in respect of—
(a) the taking of evidence (including cross-examination and re-examination) under section 198 of the Act; or
cross-examination and re-examination under section 198A or 198B of the Act—
at a pre-trial hearing before the Court constituted by a judicial registrar.
Rule 2A.3 substituted by S.R. No. 98/2021 rule 5.
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