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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Juries (Prejudicial Publicity) Amendment
Bill 2014
A BILL FOR
An Act to amend the Juries
Act 1927.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Juries
Act 1927
4Amendment of section 7—Trial without
jury
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Juries (Prejudicial Publicity) Amendment
Act 2014.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Juries Act 1927
4—Amendment
of section 7—Trial without jury
(1) Section 7—after subsection (3c) insert:
(3ca) Where, in a
criminal trial before the Supreme Court or the District Court, an accused
applies for a stay of proceedings on the basis that publicity has prevented, or
may prevent, the accused from receiving a fair trial, the court may, at any
time, if it considers it necessary in order to ensure a fair trial, order that
the accused be tried by judge alone.
(3cb) A court may make an order under
subsection (3ca)
whether or not—
(a) a jury has been constituted in accordance with this Act to try the
issues on the trial; or
(b) in a trial in which 2 or more people are jointly charged, the
court also makes an order under that subsection in respect of the remaining
accused.
(3cc) Nothing in
subsection (3ca)
affects the powers of a court to punish a person for contempt of that
court.
(2) Section 7(3d)—after "subsection (3a)" insert:
or (3ca)