Australian Capital Territory Numbered Acts

CRIMES (AMENDMENT) ACT 1999 (NO. 32 OF 1999) - SECT 14

    Section 428J of the Principal Act is amended—

        (a)     by omitting subsection (2) and substituting the following subsections:

“(2)     A special hearing shall be a trial by jury—

        (a)     unless—

              (i)     the court is satisfied that the accused is capable of making an election to have a special hearing to be a trial by a single judge without a jury before the court first fixes a date for the hearing; and

              (ii)     the accused makes the election before that date; or

        (b)     unless—

              (i)     the court is satisfied that the accused is incapable of making the election mentioned in subparagraph (a) (i); and

              (ii)     before the court first fixes a date for the hearing, any guardian of the accused notifies the court that, in his or her opinion, it is in the best interests of the accused for the special hearing to be a trial by a single judge without a jury.

“(2A)     If subsection 428I (1) applies, the court shall—

        (a)     unless satisfied that the accused is capable of making an election under subparagraph (2) (a) (i); or

        (b)     if satisfied that—

              (i)     the accused is incapable of making an election under subparagraph (2) (a) (i); and

              (ii)     a guardian has not been appointed by the Guardianship and Management of Property Tribunal under the Guardianship and Management of Property Act 1991 , who has power to make an election of that kind;

direct that tribunal to appoint a guardian with power to make an election of that kind.

“(2B)     If—

        (a)     the accused makes an election under subparagraph (2) (a) (ii); or

        (b)     a guardian notifies the court under subparagraph (2) (b) (ii);

the special hearing shall be by single judge without a jury.

“(2C)     Despite paragraph (2) (b), if before the date fixed by the court for the hearing—

        (a)     the court is satisfied that the accused is capable of making the election mentioned in subparagraph (2) (a) (i); and

        (b)     the accused notifies the court that he or she objects to the special hearing being a trial by a single judge without a jury;

the special hearing shall be a trial by jury.”; and

        (b)     by omitting from subsection (6) “At the commencement of a special hearing, the Court shall” and substituting “If a special hearing is a trial by jury, the court shall, at the commencement of the hearing,”.