South Australian Current Acts South Australian Current Acts (1) The court's
jurisdiction under this Act may be exercised by a Master or a Judge.
(2) However, a Judge
who exercises the court's jurisdiction under Part 5 before the trial commences
is not to preside in substantive proceedings and the trial Judge is not to
exercise that jurisdiction before the conclusion of the trial.
(3) In
subsection (2)—
"substantive proceedings" means the trial and associated proceedings in which
any of the following issues is raised:
(a) the
validity of the charge;
(b) the
court's jurisdiction to hear the charge;
(c) if
defendants are jointly charged—whether they should be tried separately;
(d) if
multiple offences are charged—whether the offences should be tried
separately;
(e)
whether separate charges should be tried together;
(f) the
admissibility of evidence at the trial;
(g) any
other issue that could result in the striking out of a charge or seriously
affect the nature or extent of the trial.
(4) A person who is
dissatisfied with a decision of a Master in proceedings under Part 5 may,
within 14 days after the date of the decision, apply to the court to have the
decision reviewed by a Judge.
(5) On an application
under subsection (4), the court must review the Master's decision and may
confirm, vary or reverse it.