ACT Legislative Assembly

Continuing resolution 10

Sub judice

This resolution provides for sub judice principles, based on the House of Commons resolution, and sets out guidelines on what matters would be subject to the sub judice convention.

Resolution agreed by the Assembly

6 March 2008

Subject to the discretion of the Chair, and to the right of the Assembly to legislate on any matter or to discuss any matter, the Assembly in all its proceedings (including proceedings of committees of the Assembly) shall apply the following rules on matters sub judice:

  1. (1) Cases in which proceedings are active in the courts shall not be referred to in any motion, debate or question.

    1. (a)

      1. (i) Criminal proceedings are active when a charge has been made or a summons to appear has been issued.

      2. (ii) Criminal proceedings cease to be active when they are concluded by verdict and sentence or discontinuance, or in cases dealt with by courts martial, after the conclusion of the mandatory post-trial review.

    2. (b)

      1. (i) Civil proceedings are active when arrangements for the hearing, such as setting down a case for trial, have been made, until the proceedings are ended by judgment or discontinuance.

      2. (ii) Any application made for the purposes of any civil proceedings shall be treated as a distinct proceeding.

    3. (c) Appellate proceedings, whether criminal or civil, are active from the time when they are commenced by application for leave to appeal or by notice of appeal until ended by judgment or discontinuance.

    4. (d) For the purposes of this resolution matters before a Coroner’s court shall be treated as matters within paragraph (1) (a).

      But where a ministerial decision is in question, or in the opinion of the Speaker a case concerns issues of national importance such as the economy, public order or the essential services, reference to the issues or the case may be made in motions, debates or questions.

  2. (2) Specific matters which the Assembly has expressly referred to any judicial body for decision and report shall not be referred to in any motion, debate or question, from the time when the resolution of the Assembly is passed until the report is laid before the Assembly.

  3. (3) This resolution has effect unless amended or repealed by this or any subsequent Assembly.


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Page last updated on 16 May 2018
2015 Legislative Assembly for the ACT