South Australian Current Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 269B

269B—Distribution of judicial functions between judge and jury

        (1)         An investigation under this Part by the Supreme Court or the District Court into—

            (a)         a defendant's mental competence to commit an offence or a defendant's mental fitness to stand trial; or

            (b)         whether elements of the offence have been established,

is to be conducted before a jury unless the defendant has elected to have the matter dealt with by a judge sitting alone.

        (2)         The same jury may deal with issues arising under this Part about a defendant's mental competence to commit an offence, or fitness to stand trial, and the issues on which the defendant is to be tried, unless the trial judge thinks there are special reasons to have separate juries.

        (3)         Any other powers or functions conferred on a court by this Part are to be exercised by the court constituted of a judge sitting alone.

        (4)         The defendant's right to elect to have an investigation under this Part conducted by a judge sitting alone is not subject to any statutory qualification. ¹

Note—

1         The intention is to ensure that the right to elect for trial by judge alone is unfettered by the statutory qualifications on that right imposed by the Juries Act 1927 (thus preserving the principle enunciated in R v T [1999] SASC 429 on this point).