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Criminal Procedure Act 2011

General provisions - Conduct of proceeding - Retrial or rehearing if defendant found guilty or sentenced in his or her absence

127: Registrar may deal with applications in relation to category 1 offences

You could also call this:

"A Registrar can make decisions about some cases, even if it's not usually allowed, if the prosecutor agrees."

Illustration for Criminal Procedure Act 2011

If you are dealing with a category 1 offence, a Registrar can make some decisions. This can happen even if section 125(2)(c) or section 126(2)(c) says something different. The Registrar can do this if the prosecutor agrees and you are asking for a retrial or rehearing because you were not told about the trial or hearing.

The Registrar has the power to make decisions under section 125 or section 126 in these cases. You need the prosecutor to not object to the Registrar's decision. You must also be asking for a retrial or rehearing because you did not know about the original trial or hearing.

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Part 5General provisions
Conduct of proceeding: Retrial or rehearing if defendant found guilty or sentenced in his or her absence

127Registrar may deal with applications in relation to category 1 offences

  1. Despite section 125(2)(c) or 126(2)(c), a Registrar may exercise the power under section 125 in relation to a category 1 offence or the power under section 126 if—

  2. the prosecutor does not object; and
    1. the application for the retrial or rehearing is made on the grounds that the defendant was not notified of the trial or hearing.