Text as at 1 July 2026

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371 Time limits for special hearing

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Explained inBill clause 371

(1)If a special hearing is to be held, it must be held—

(a)within the applicable period after the accused is committed for trial; and

S. 371(1)(a) amended by No. 5/2025 s. 21(1).

(b)before the court at which the indictment is filed.

S. 371(1A)(b) amended by No. 1/2026 s. 76(1)(a).

Sections 211 and 212 impose time limits for commencing trials for offences.

Note to s. 371(1) substituted by No. 5/2025 s. 21(2).

(1A)Subject to subsection (1B), the applicable period is—

S. 371(1A) inserted by No. 5/2025 s. 21(3).

(a)for a trial in a criminal proceeding that relates (wholly or partly) to a charge for a sexual offence, a period of 3 months; or

(b)for a trial in a criminal proceeding that relates (wholly or partly) to a charge for a family violence offence, a period of 12 months; or

(c)for a trial in a criminal proceeding that relates (wholly or partly) to a charge for an offence against section 21A(1) of the Crimes Act 1958 (stalking), a period of 12 months.

S. 371(1A)(c) inserted by No. 1/2026 s. 76(1)(b).

(1B)If a trial in a criminal proceeding relates partly to a charge for a sexual offence and partly to a charge for a family violence offence or an offence against section 21A(1) of the Crimes Act 1958 (stalking), the applicable period is a period of 3 months.

S. 371(1B) inserted by No. 5/2025 s. 21(3), amended by No. 1/2026 s. 76(2).

(2)The court may extend the time for holding a special hearing if the court considers that it is in the interests of justice to do so, having regard to—

S. 371(2) substituted by No. 48/2012 s. 25.

(a)if the complainant is a child, the age and maturity of the child; and

(b)if the complainant is cognitively impaired, the severity of that impairment; and

(c)the period of time since the complaint was first made; and

(d)the period of time since the offence was allegedly committed; and

(e)any other matter that the court considers relevant.

(3)The court may extend time under subsection (2) before or after the time expires.

(4)More than one extension of time may be granted under subsection (2).