Section 361B — Crimes Act 1961: Accused may apply for trial before a Judge without a jury

361B Accused may apply for trial before a Judge without a jury (1) Subject to the succeeding provisions of this section, where any accused person is committed to the High Court or to a District Court Judge exercising jurisdiction under section 28A of the District Courts Act 1947 for trial for any offence other than one referred to in subsection (5) of this section, he may, within 28 days after the date on which he is so committed, give written notice to the Registrar of the High Court or of the District Court, as the case may require at the place to which he is so committed of his wish to be tried before a Judge of that Court without a jury. (2) Where a Registrar receives such a notice under subsection (1) of this section, he shall forthwith give a copy of the notice to the prosecutor. (3) Where the accused, within the period prescribed by subsection (1) of this section, gives notice in accordance with that subsection of his desire to be tried before a Judge without a jury, the Registrar shall refer the matter to a Judge of the Court (who may or may not be the Judge before whom the trial is to be held). (4) The Judge to whom any matter is referred under subsection (3) of this section shall order that the accused be tried before a Judge without a jury unless, having regard to the interests of justice, the Judge considers that the accused should be tried before a Judge with a jury, in which case he shall order accordingly. (5) No one shall be entitled to apply to be tried by a Judge without a jury if he is charged with an offence for which the maximum penalty is imprisonment for life or imprisonment for a term of 14 years or more. (6) Where 2 or more persons are to be tried together, they shall be tried before a Judge with a jury unless each of them applies to be tried by a Judge without a jury. (7) Any notice purporting to be given under this section on behalf of the accused by his counsel or solicitor shall, unless the contrary is proved, be deemed to be given with the authority of the accused. (8) Notwithstanding anything in subsection (1) of this section, an accused person may give notice under that subsection during or at the end of the preliminary hearing before the District Court. Sections 361A to 361C were inserted, as from 14 December 1979, by section 2(1) Crimes Amendment Act (No 2) 1979 (1979 No 127). Subsection (1) was amended, as from 1 March 1996, by section 4(1) Crimes Amendment Act (No 2) 1995 (1995 No 68) by inserting the words “ or to a District Judge exercising jurisdiction under section 28A of the District Courts Act 1947 ” . See section 6 of that Act as to the transitional and savings provisions relating to power of District Court to order trial by Trial Judge alone. See clause 2 Crimes Amendment Act Commencement Order 1996 (SR 1996/1). Subsection (1) was amended, as from 1 March 1996, by section 4(1) Crimes Amendment Act (No 2) 1995 by inserting the words “ or of the District Court, as the case may require ” . See section 6 of that Act as to the transitional and savings provisions relating to power of District Court to order trial by Trial Judge alone. See clause 2 Crimes Amendment Act Commencement Order 1996 (SR 1996/1). Subsection (1) was amended, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124) by substituting the words “ High Court ” for the words “ Supreme Court ” . Subsection (5) was amended, as from 26 December 1989, by section 3(7) Abolition of the Death Penalty Act 1989 (1989 No 119) by omitting the words “ death or ” . Subsection (8) was amended, as from 1 April 1980, pursuant to section 18 District Courts Amendment Act 1979 (1979 No 125) by substituting the words “ District Court ” for the words “ Magistrate's Court ” .