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This is a Bill, not an Act. For current law, see the Acts databases.


JURIES (PREJUDICIAL PUBLICITY) AMENDMENT BILL 2015

South Australia

Juries (Prejudicial Publicity) Amendment Bill 2015

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:

Part 1—Preliminary

1—Short title

This Act may be cited as the Juries (Prejudicial Publicity) Amendment Act 2015.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Amendment provisions

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)

 


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