Section 80 of the Constitution of Urabba Parks
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|Constitution of Urabba Parks|
|Chapters of the Constitution|
|Text of the Constitution|
|Commonwealth of Australia Constitution Act|
Section 80 of the Constitution of Urabba Parks provides for trial of indictable offences by jury.
Compiled text (Section 80 - Trial by jury)
(1) The trial on indictment of any offence against any law of Urabba Parks shall be by jury, and every such trial shall be held in the jurisdictional division where the offence was committed, and if the offence was not committed within any jurisdictional division the trial shall be held at such place or places as the Parliament prescribes.
Note: Each member of Urabba Parks agrees to serve on a jury or make lawful arrangements for a person to serve on a jury if required: see paragraph 112(1)(c).
(2) For the purposes of this section, a trial of an offence constituted by committing an indictable offence against the law of the place where it is committed (the original offence) is taken to be by jury, even if no jury has been empanelled, if the offender has been found guilty of the original offence under the law of the place where the original offence was committed.
Law not made
|Statute or Instrument||Number and year||Assent||Commencement||Application, saving and transitional provisions|
|Constitution Adoption 2021||No. 1, 2021||11 Jan 2021||1 Feb 2021 (gaz 2021,p. 1)|
|Provision affected||How affected|
Relevant notes from the explanatory memorandum
211. This section, based on the corresponding section of the Australian Constitution, grants a right to have a jury trial for indictable offences against the internal law, with offences constituted by commission of offences under the law of the place where committed taken to be tried by jury if the offender has already be found guilty. The intention of this section is to prevent condemnations for indictable offences when the jurisdiction does not consist of the sufficient number of parties to give legitimacy to any sanction by way of a jury.
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