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Act index » Chapter 5 - Trial on indictment » Part 5.8 - General » Division 3 - Powers and obligations
251 Judge at earlier trial not prevented from presiding at later trial
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(1)This section applies if an offence charged in an indictment and an offence that was tried at an earlier trial are the same or related offences.
(2)The trial judge at an earlier trial, or a judge who conducted a directions hearing or other pre-trial hearing in relation to the earlier trial, is not prevented from being the trial judge at the later trial merely because the judge made a decision in relation to the earlier trial on any issue of law or procedure that, in his or her opinion, is likely to be contentious in the later trial.
See the definition of related offences in section 3.