New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 130

130 Trial proceedings after presentation of indictment and before empanelment of jury

(1) In this section,
"court" means the Supreme Court or District Court.

(2) The court has jurisdiction with respect to the conduct of proceedings on indictment as soon as the indictment is presented and the accused person is arraigned, and any orders that may be made by the court for the purposes of the trial in the absence of a jury may be made before a jury is empanelled for the trial.

(3) If proceedings are held for the purpose of making any such orders after the indictment is presented to commence the trial and before the jury is empanelled--

(a) the proceedings are part of the trial of the accused person, and

(b) the accused person is to be arraigned again on the indictment when the jury is empanelled for the continuation of the trial.

(4) Nothing in this section requires a jury to be empanelled if the accused person pleads guilty to an offence during proceedings to which this section applies.

(5) This section applies to proceedings in respect of indictments presented after the commencement of this section.