Hearings during trial
2A.4 Hearings during trial
Subject to paragraph (2), a judicial registrar may constitute the Court during a trial for a hearing in respect of a power delegated to the judicial registrar under paragraph (3).
A judicial registrar may constitute the Court under paragraph (1) only with the consent of—
the trial judge;
each accused; and
the prosecution.
The following powers of the Court are delegated to a judicial registrar for exercise during trial—
the power of the Court under section 242(5) of the Act to transfer a proceeding for a related summary offence to the Magistrates' Court for hearing and determination;
the power of the Court under section 243(4) of the Act to direct that a charge for an unrelated summary offence be transferred to the Magistrates' Court for hearing and determination;
the power of the Court to issue a subpoena on an application under section 336 of the Act;
the power of the Court under section 389(2) of the Act to direct that a witness give evidence by audiovisual link;
the power of the Court under section 397 of the Act to make an order for substituted service;
the power of the Court under section 404(1) of the Act to make an order with respect to the costs of and incidental to the trial;
the power of the Court under section 413(1) of the Act to transfer a charge to the appropriate court;
the power of the Court under section 413(2)(b) of the Act to remand an accused, if—
there is no application for bail; or
the remanding of the accused is not opposed;
the power of the Court under section 413(2)(b) of the Act to grant bail, if the granting of bail is not opposed.
Note
Other Rules in this Order also delegate various powers of the Court to judicial registrars in a way that makes them exercisable during trial. The power may be exercisable during trial because the provision provides for the exercise of that power in a criminal proceeding, or in a proceeding to which these Rules relate, or when a judicial registrar constitutes the Court in accordance with this Order.
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