Crimes Act 1961

361E Judge may order trial without jury in cases involving intimidation of juror or jurors

• (1) The Judge may, on a written application for the purpose made by the prosecutor before an accused person is given in charge to the jury, order that the accused person be tried for the offence before the Judge without a jury.

  (2) However, the Judge may make an order under subsection (1) only if satisfied that there are reasonable grounds to believe—

  • (a) that intimidation of any person or persons who may be selected as a juror or jurors has occurred, is occurring, or may occur; and

  • (b) that the effects of that intimidation can be avoided effectively only by making an order under subsection (1).

  (3) If the accused person is one of 2 or more persons to be tried together, all of them must be tried before a Judge with a jury unless an order under subsection (1) for all of them to be tried by a Judge without a jury is applied for and made.

  (4) This section does not limit sections 361B to 361D.

  Section 361E: inserted, on 25 December 2008, by section 4(1) of the Crimes Amendment Act (No 2) 2008 (2008 No 37).