New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 129

129 Time within which indictment to be presented

(1) In this section,
"relevant court" , in relation to a matter, means the Supreme Court or the District Court before which the matter has been listed for trial or mention.

(2) An indictment is to be presented within 4 weeks after the committal of the accused person for trial, except as provided by this section.

(3) The time within which the indictment is to be presented may be extended--

(a) by the regulations or (subject to the regulations) the rules of the relevant court, or

(b) by order of the relevant court.

(4) If an indictment is not presented within the time required by this section, the relevant court may--

(a) proceed with the trial if an indictment has been presented, or

(b) adjourn the proceedings, or

(c) take such other action as it thinks appropriate in the circumstances of the case.

(5) The prosecutor has no right to an adjournment merely because an indictment has not been presented.

(6) The relevant court must, in exercising any power under this section, have regard to the fact that the Crown does not have a right of appeal if the accused person is acquitted.

(7) This section does not affect the powers of the relevant court under section 21.