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Act index » Chapter 5 - Trial on indictment » Part 5.5 - Pre-trial procedure » Division 5 - Procedure for pre-trial hearing about presumption against criminal responsibility
206A Application for pre-trial hearing about presumption against criminal responsibility
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(1)At any time before trial of an accused for an offence allegedly committed at 12 or 13 years of age, the court may order that the issue of whether the presumption against criminal responsibility is rebutted be determined by a judge alone, without a jury, if—
(a)the offence is an indictable offence under an Act; and
(b)the charge for the offence will not be heard and determined summarily; and
(c)the court is satisfied that the accused has obtained legal advice on the effect of the issue being determined by a judge alone, without a jury, before the trial of the accused; and
(d)the court considers that it is in the interests of justice to determine the issue before the trial of the accused.
(2)The court may make an order under subsection (1) on the application of the accused.
(3)If the accused intends to raise the issue of whether the presumption against criminal responsibility is rebutted before trial, the accused must give notice to the court and the prosecution in accordance with section 200.
(4)In determining whether to make an order under subsection (1), the court is to have regard to the submissions, if any, of the prosecution and the accused.
(5)The court may make an order under subsection (1) whether or not the prosecution consents to the making of the order.
(6)Subsection (1) applies despite sections 181, 183 and 184.
(7)To avoid doubt, this section does not limit the application of section 199(1) in relation to any other issue that the court considers appropriate to hear and decide before a trial.