Territories Legislation Amendment Act 2020 (154 of 2020)

Schedule 1   Amendments of Territory Acts

Part 3   Supreme Court of Norfolk Island

Division 1   Amendments

Norfolk Island Act 1979

120   Section 60H

Repeal the section, substitute:

60H Return of accused to Norfolk Island for particular purposes

(1) A court of a prescribed State or Territory that is, in exercising jurisdiction under this Act in respect of a person accused of an offence, sitting in the prescribed State or Territory may, for a purpose covered by subsection (3), order that:

(a) the trial of the accused be adjourned for such time as the court considers reasonable and necessary, and be continued in Norfolk Island for so long as is necessary for the purpose; and

(b) on the warrant of an issuing officer, the accused be returned to Norfolk Island for the purposes of the continuation of the trial and any related proceedings; and

(c) any jurors empanelled for the trial go to Norfolk Island and remain there for such time as the court directs for the purpose of continuing to attend as jurors in the trial.

(2) However, the court may make an order under subsection (1) only if the court is satisfied that the interests of justice require it.

(3) The following purposes are covered by this subsection:

(a) viewing a place in Norfolk Island;

(b) taking evidence from a person in Norfolk Island;

(c) a purpose prescribed by regulations made for the purposes of this paragraph.

(4) If an order is made under subsection (1), an issuing officer may:

(a) by warrant directed to all constables, require the accused to be conveyed in custody from the prescribed State or Territory to the prison specified in the warrant and delivered into the custody of the officer for the time being in charge of that prison; and

(b) by warrant directed to that officer, require the officer to detain the accused in that prison under this section.

(5) The warrant may be executed by any constable.