Pre-trial orders and other decisions generally binding on trial judge

Current

S. 204 amended by No. 32/2024 s. 822 (ILA s. 39B(1)).

(1)

An order or other decision made at a directions hearing or other pre-trial hearing by a judge who is not the trial judge is binding on the trial judge unless the trial judge considers that it would not be in the interests of justice for the order or other decision to be binding.

S. 204(2) inserted by No. 32/2024 s. 822.

(2)

This section does not apply to a pre-trial determination of whether the presumption against criminal responsibility is rebutted.

Note

See section 206E.

This Act’s bill:Explanatory memorandum Second reading speech

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204 Pre-trial orders and other decisions generally binding on trial judge