Criminal Procedure Act 2009

If an application for an order under section 420E is made before the repeal of Chapter 9, and is not determined before that repeal, then despite that repeal—

the application may be heard and determined after that repeal as if Chapter 9 had not been repealed; and

for the purposes of the application, and any order made on the application, and any trial to which that order relates, Chapter 9 as in force immediately before its repeal continues to have effect.

If, immediately before the repeal of Chapter 9, there was in force an order under section 420E and judgment had not yet been delivered in the trial to which that order relates, then despite that repeal—

the order continues to have effect after that repeal as if Chapter 9 had not been repealed; and

for the purposes of the order and the trial to which it relates, Chapter 9 as in force immediately before its repeal continues to have effect.

Subsection (2) applies in relation to an order whether or not the trial to which the order relates commenced before the repeal of Chapter 9.

On and after the repeal of Chapter 9, Chapter 6 applies to an appeal that relates to a trial by judge alone in the same way that it applies to an appeal that relates to a trial by jury.

On and after the repeal of section 420F, a verdict of a trial judge on a trial by judge alone has, for all purposes, the same effect as a verdict of a jury.

Subsection (5) has effect despite the repeal of section 420F.

Nothing in this section limits section 14 of the Interpretation of Legislation Act 1984.

In this section—