South Australian Current Acts

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CRIMINAL LAW (LEGAL REPRESENTATION) ACT 2001 - SECT 10

10—Certain costs may be awarded against defendant personally

        (1)         If—

            (a)         the court adjourns a trial or associated proceedings in order to allow the defendant to make an application for legal assistance or to obtain legal representation in some other way; and

            (b)         the adjournment is attributable to the defendant's failure to make proper arrangements for legal representation in advance of the proceedings or to a change of mind on the part of the defendant about legal representation,

the court may make an order against the defendant personally for the costs of the adjournment and the costs of the proceedings thrown away by the adjournment.

        (2)         However, the court may not make such an order if the adjournment is to allow a defendant who is not legally represented in a trial to obtain legal representation for the purposes of the cross-examination of a section 13B witness in the trial.



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