s.129Election of trial by Judge alone
129
Section 129Part 6 — Procedure in Trials before the Grand Court

Election of trial by Judge alone

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If an accused person is of the opinion that, due to the nature of the case or of the surrounding circumstances, a fair trial with a jury may not be possible, the accused person may, at least twenty-one days before the date of the trial or the date of arraignment, whichever is earlier, elect to be tried by a Judge alone; and such election shall be made by notice in writing addressed to the Clerk.
Notwithstanding subsection (1), a judge may permit an accused person to make an oral or written election at any time before a jury is empanelled where such accused person has proven that, because of exigent circumstances, it was not possible for such accused person to make an election within the time limit specified in subsection (1).
Thereupon the trial shall proceed before a Judge alone, and, mutatis mutandis, Part 4 shall apply thereto: Provided that nothing in this section shall abridge or derogate from the powers conferred on a Judge by this or any other law.
If any difficulty shall arise in respect of any such trial by a Judge alone, the court may give directions as to the procedure to be followed for the removal of such difficulty.
Where there are two or more accused persons joined in the same indictment, the election mentioned in subsection (1) shall only be exercisable by all such accused persons jointly.

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