Page 2556 - Week 06 - Thursday, 23 June 2011

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Schedule 3

Criminal Proceedings Legislation Amendment Bill 2011

Amendments moved by Mrs Dunne

Clause 3, note

Page 2, line 13—

omit

Clause 10

Proposed new section 68B

Page 5, line 4—

omit proposed new section 68B, substitute

68B Trial by judge alone in criminal proceedings

(1) A criminal proceeding against an accused person must be tried by a judge alone if—

(a) the—

(i) person elects in writing to be tried by judge alone; or

(ii) prosecutor elects in writing for the person to be tried by judge alone, and the person consents to the election; and

(b) an election under paragraph (a) is filed in the court before—

(i) the court first allocates a date for the person’s trial; and

(ii) the person, or the person’s legal representative, knows the trial judge’s identity; and

(c) the court is satisfied that it is in the interests of justice to make an order that the person be tried by judge alone.

(2) Without limiting subsection (1) (c), the court may—

(a) make the order if it is satisfied that—

(i) the length and complexity of the person’s trial is likely to prove unreasonably burdensome for a jury; or

(ii) there is a reasonable risk of the commission of an offence against the Criminal Code, division 7.2.3 (Protection of people involved in legal proceedings) involving a juror in the trial; or

(b) refuse to make the order if it is satisfied that the trier of fact in the person’s trial will be required to decide important issues of fact by applying community standards.

Examples—important issues of fact

• reasonableness

• negligence

• indecency

• obscenity

• dangerousness

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