Crimes Act 1961

361C Judge may order trial without a jury in certain cases

• (1) Without limiting anything in section 361B 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), 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) unless he is satisfied—

  • (a) that the accused was not given notice, in accordance with section 184S 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), 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) 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.

  Section 361C: inserted, on 14 December 1979, by section 2(1) of the Crimes Amendment Act (No 2) 1979 (1979 No 127).

  Section 361C(2)(a): amended, on 29 June 2009, by section 18 of the Summary Proceedings Amendment Act (No 2) 2008 (2008 No 41).