Criminal Procedure Act 1986 No 209
Current version for 28 October 2014 to date (accessed 26 November 2014 at 16:16)
Chapter 3Part 3Division 1

Division 1 Listing

121   Definitions

In this Part:

Criminal Listing Director means:

(a)  in relation to the Supreme Court—the public servant employed in the Supreme Court to make arrangements for the listing of criminal proceedings that are to be heard and determined before the Supreme Court, and
(b)  in relation to the District Court—the public servant employed in the District Court to make arrangements for the listing of criminal proceedings that are to be heard and determined before the District Court, and
(c)  any public servant authorised by a person referred to in paragraph (a) or (b), or in accordance with the regulations, to exercise any functions of the Criminal Listing Director.

criminal proceedings means:

(a)  proceedings relating to the trial of a person before the Supreme Court or the District Court,
(b)  proceedings relating to the sentencing of a person by the Supreme Court or the District Court, or
(c)  proceedings relating to an appeal under the Crimes (Local Courts Appeal and Review) Act 2001 to the District Court in its criminal jurisdiction.

122   Listing

(1)  The Criminal Listing Director is, subject to the regulations, to make arrangements for the listing of criminal proceedings that are to be heard and determined before the Supreme Court or the District Court.
(1A)  In making such listing arrangements, the Criminal Listing Director is responsible to:
(a)  the Chief Justice of the Supreme Court, in the case of criminal proceedings that are to be heard and determined before that Court, or
(b)  the Chief Judge of the District Court, in the case of criminal proceedings that are to be heard and determined before that Court.
(2)  The regulations may make provision for or with respect to the practice and procedure to be adopted for the listing of criminal proceedings that are to be heard and determined before the Supreme Court or the District Court.
(3)  Regulations made under this section prevail over rules of court, or any direction or order of a court, to the extent of any inconsistency.

123   Authority of Criminal Listing Director

It is the duty of all persons involved in criminal proceedings to abide, as far as practicable, by the arrangements made by the Criminal Listing Director in exercising functions under this Act.

124   Liaison

For the purpose of exercising the functions conferred on the Criminal Listing Director, the Criminal Listing Director may liaise with the Judges and officers of the Supreme Court and the District Court, prosecutors, accused persons and their Australian legal practitioners, and other persons involved in criminal proceedings.

125   Certain matters not affected

(1)  This Division does not authorise the Criminal Listing Director:
(a)  to fix or change the venue of proceedings, except with the consent of the accused person and the prosecutor, or
(b)  to determine when or where a court is to exercise its jurisdiction.
(2)  Nothing in this Division relating to the Criminal Listing Director affects:
(a)  the power of the Attorney General to fix or change the venue of any matter,
(b)  the power of a court to regulate proceedings before it,
(c)  the power of a court to adjourn any matter,
(d)  proceedings in the Court of Criminal Appeal,
(e)  proceedings in the Supreme Court in its summary jurisdiction, or
(f)  proceedings under the Bail Act 2013.
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