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Act index » Schedule 4 - Savings and transitional provisions (Section 439)
8 Trial
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(1)On and from the commencement day, Chapter 5 applies to a criminal proceeding in which—
(a)the accused is committed for trial; or
(b)a direct indictment is filed against the accused—
(2)If an accused is committed for trial on or after the commencement day in a criminal proceeding that was commenced before the commencement day, the criminal proceeding is taken to be a criminal proceeding commenced under Chapter 2.
(a)section 168 applies to a criminal proceeding in which the accused was committed for trial before the commencement day;
(b)sections 216 and 241 apply to an accused committed for trial or against whom a presentment was filed before the commencement day, as if the presentment were an indictment filed under this Act;
(3A)An indictment may be filed in accordance with Part 5.2 charging an accused with an offence in respect of which that accused, before the commencement day—
(a)was committed for trial; or
(b)was given a notice of trial or a notice of intention to prefer a presentment—
if the indictment charges the same or a related offence against at least one other accused who was not committed for trial for that offence before the commencement day.
(3B)An indictment may be filed in accordance with Part 5.2 charging an accused with an offence in respect of which that accused, before the commencement day—
(a)was committed for trial; or
(b)was given a notice of trial or a notice of intention to prefer a presentment—
if the indictment charges a related offence in respect of which the accused was not committed for trial before the commencement day.
(3C)If an indictment is filed under subclause (3A) or (3B)—
(a)Chapter 5 applies to each charge in the indictment; and
(b)the criminal proceeding against each accused is taken to be a criminal proceeding commenced under Chapter 2; and
(c)where presentment of an accused has already been made, a charge in the indictment for the same offence as an offence charged in the presentment or a related offence is taken to be a fresh indictment filed under section 164.