DISTRICT COURT RULES 1973 - SECT 53.7 Venue

DISTRICT COURT RULES 1973 - SECT 53.7

53.7 Venue

(1) This rule applies subject to any order made by the Supreme Court under Section 577 of the Crimes Act 1900 , or by the Attorney General, in respect of the venue of any proceedings.

(2) Subject to this rule, the venue for the hearing of any proceedings shall be:

(a) in the case of a person committed for trial or sentence to the Court sitting at a proclaimed place--that proclaimed place, or

(b) in the case of an appeal under section 11, or an application for leave to appeal under section 12 or 13, of the Crimes (Appeal and Review) Act 2001 , the proclaimed place nearest to the Local Court at which was made the conviction or order or was imposed the sentence, appealed, or sought to be appealed, against, or

(c) in the case of an appeal under section 23 (1) of the Crimes (Appeal and Review) Act 2001 --the nearest proclaimed place to the Local Court at which was imposed the sentence appealed against.

(3) Whether or not the hearing of any proceedings has commenced, the Court may, on the application of a party or of its own motion, on terms order that the venue of the proceedings be changed to another proclaimed place.

(4) Notwithstanding anything in subrule (2), and without limiting subrule (3), the Court may, on the application of a party or of its own motion, direct that any proceedings for hearing at a specified proclaimed place comprised within a District are to be heard at another proclaimed place that is comprised within the same District.

(5) The powers of the Court under subrule (4) may, in respect of a District, be exercised by the Court, or by the registrar in the criminal jurisdiction for that District.