Section 326 — Crimes Act 1961: Trial in substituted Court

326 Trial in substituted Court (1) Where an indictment is transmitted or removed to, or filed at, a substituted Court, the charge may be dealt with, tried, and determined, and a verdict and judgment given, by and before that Court in all respects as if the person charged had been originally committed for trial or the indictment had been filed at that Court. (2) Except as provided in section 379A of this Act, it shall not be lawful for any person, by himself or by his counsel, to take any objection either in the Court of committal or in the substituted Court, or in the Court of Appeal, to any order of a Judge, or to any other proceeding under which an indictment is transmitted or removed to, or a trial ordered to be had at, the substituted Court, or to any matter or thing set out or appearing on the face of the record, except to the indictment alone. (3) It shall not be necessary for any purpose to prove that an indictment has been duly transmitted or removed to the substituted Court, but every such indictment shall be presumed to have been duly removed and transmitted upon production of it in the substituted Court by the Registrar, and no evidence or proof to the contrary shall be admitted. Compare: 1908 No 32 ss 370(5), (6), 380, 381, 382 Subsection (1) was 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 (SR 1996/1). Subsection (2) was amended, as from 1 January 1967, by section 8(2) Crimes Amendment Act 1966 (1966 No 98) by inserting the words “ Except as provided in section 379A of this Act, ” . Subsection (2) was amended, as from 1 May 1981, by section 7 Crimes Amendment Act (No 2) 1980 (1980 No 85) by omitting the words “ of the High Court ” .