Section 322 — Crimes Act 1961: Changing venue or sitting

322 Changing venue or sitting (1) Where any person is committed for any crime to appear at any sitting of the High Court or of a District Court (hereinafter referred to as the Court of committal),

and it appears to a Judge or a District Court Judge (as the case may require) that it is expedient for the ends of justice that the person should be tried for that crime— (a) Where the High Court is the Court of committal, at some place or at some sitting other than the place or sitting for trial to which he was committed, or at which he would in the ordinary course of law be tried; or (b) Where a District Court is the Court of committal, at some District Court or at some sitting of the Court of committal other than the Court or sitting to which he was committed, or at which he would in the ordinary course of law be tried,— the Judge, either of his own motion, or on application made by or on behalf of the prosecutor or the person charged, may by order, either before or after an indictment is filed, direct that the person shall be tried at such place and sitting of the Court, or (as the case may require) by such Court and at such sitting of that Court (hereinafter referred to as the substituted Court), as he thinks fit. (2) Any application for an order as aforesaid may be made to a Judge when sitting in Court or in Chambers;

and it shall not be necessary for the person charged to be brought or appear in person before the Judge, either upon the making or the determination of the application, or to plead to any such indictment in the Court of committal. (3) The Judge may make any such order subject to such conditions concerning bail and the payment of the costs of the prosecutor and witnesses, and of the removal of the indictment, and of the removal of the person charged, and concerning the publication of any report or account of the proceedings in connection with the making of the order, and concerning any other matter or thing whatsoever, as the Judge in his discretion thinks fit. (4) After any such order has been made, no indictment shall be filed to or at the Court of committal against that person for the crime. (5) If the indictment has not been filed when the order is made, the indictment may be filed at the substituted Court. (6) If the indictment has been filed when the order is made, the Registrar of the Court of committal shall forthwith transmit to the Registrar of the substituted Court the indictment and any bail bond, depositions, examinations, informations, or other documents relating to the alleged crime. (7) On the making of an order under subsection (1) of this section, the Registrar shall forthwith give notice of the order to the prison manager of any prison in which the person charged is then held. (8) Where any person is committed to the High Court for trial (otherwise than pursuant to an order for the transfer of the proceedings made under section 28J of the District Courts Act 1947 ), and before he is given in charge to the jury a Judge of that Court is satisfied that every charge that is contained or that might lawfully be contained in the indictment discloses an offence within the jurisdiction of a District Court presided over by a Judge, he may make an order under this section directing that the person be tried at such sitting of a District Court (hereinafter referred to as the substituted Court) as he thinks fit; and the provisions of this section and of sections 323 to 327 of this Act shall apply accordingly. Compare: 1908 No 32 s 370 Subsection (1) was substituted, as from 1 May 1981, by section 6(1) Crimes Amendment Act (No 2) 1980 (1980 No 85). Subsections (1), (4), (5) and (6) were amended, as from 1 March 1996, by section 4(1) Crimes Amendment Act (No 2) 1995 (1995 No 68) by substituting the word “ filed ” for the word “ presented ” . See clause 2 Crimes Amendment Act Commencement Order 1996 (1996/1). Subsection (7) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the words “ prison manager ” for the word “ Superintendent ” . See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52). Subsection (7) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the word “ prison ” for the words “ penal institution ” . See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52). Subsection (8) was inserted, as from 1 May 1981, by section 6(2) Crimes Amendment Act (No 2) 1980 (1980 No 85).