Document ID: chunk:federal_register_of_legislation:C2005C00504:clause:2_9a
Version: federal_register_of_legislation:C2005C00504
Segment Type: clause
Provision Reference: sch 2 cl 9A
Character Range: 50576–52825

9A  Limitation of jurisdiction to review related criminal justice process decisions

 (1) Subject to subsection (2), at any time when:
 (a) a prosecution for an offence against a law of the Commonwealth, a State or a Territory is before any court; or
 (b) an appeal arising out of such a prosecution is before any court;
no court has jurisdiction to hear, continue to hear or determine an application under this Act, by the person who is or was the defendant in the prosecution, in relation to a related criminal justice process decision.

 (2) Subsection (1) does not apply if an applicant has commenced an application under this Act before the commencement of a prosecution for an offence against a law of the Commonwealth, or of a State or a Territory.

 (3) Where subsection (2) applies, the prosecutor may apply to the court for a permanent stay of proceedings in the hearing and determination of the application and the court may grant such a stay if the court determines that:
 (a) the matters that are the subject of the application are more appropriately dealt with in the criminal justice process; and
 (b) a stay of proceedings will not substantially prejudice the applicant.

 (4) In this section:

appeal includes an application for a new trial and a proceeding to review or call in question the proceedings, decision or jurisdiction of a court or judge.

related criminal justice process decision, in relation to an offence, means a decision (other than a decision to prosecute) made in the criminal justice process in relation to the offence, including:
 (a) a decision in connection with the investigation, committal for trial or prosecution of the defendant; and
 (b) a decision in connection with the appointment of investigators or inspectors for the purposes of such an investigation; and
 (c) a decision in connection with the issue of a warrant, including a search warrant or a seizure warrant; and
 (d) a decision requiring the production of documents, the giving of information or the summoning of persons as witnesses; and
 (e) a decision in connection with an appeal arising out of the prosecution.

Note: A decision to prosecute a person for an offence is not reviewable under this Act: see paragraph (xa) of Schedule 1.