Section 361C — Crimes Act 1961: Judge may order trial without a jury in certain cases

361C Judge may order trial without a jury in certain cases (1) Without limiting anything in section 361B of this Act but subject to the succeeding provisions of this section, where any person is committed for trial for any offence other than one referred to in section 361B(5) of this Act, he may, at any time before he is given in charge to the jury, with leave of the Judge apply to the Judge for an order that he be tried before the Judge without a jury. (2) The Judge shall not grant leave under subsection (1) of this section unless he is satisfied— (a) That the accused was not given notice, in accordance with section 168C of the Summary Proceedings Act 1957 , of his right to apply under section 361B of this Act to be tried before a Judge without a jury; or (b) That there were good and sufficient reasons why the accused did not exercise that right in accordance with the said section 361B ; or (c) That it is in the interests of justice that leave be granted. (3) No such leave shall be granted in any case where a Judge has, pursuant to section 361B(4) of this Act, ordered that the accused shall be tried before a Judge with a jury. (4) Where 2 or more persons are to be tried together, no leave shall be granted under subsection (1) of this section unless each of them seeks such leave. (5) Where the Judge grants leave, he shall order that the accused be tried before the Judge without a jury unless, having regard to the interests of justice, the Judge considers that the accused should be tried before the Judge with a jury, in which case he shall order accordingly. 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 (2)(a) was amended, as from 1 March 1996, by section 4(1) Crimes Amendment Act (No 2) 1995 (1995 No 68) by substituting the expression “ section 168C ” for the expression “ section 168B ” . 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).