103 Judge may order Judge-alone trial in cases involving intimidation of juror or jurors

(1)

The court may, on the application of the prosecutor, order that the defendant be tried before a Judge without a jury.

(2)

An application under subsection (1) must be made before the trial and within the time prescribed by rules of court.

(3)

The court must not make an order under subsection (1) unless the court is satisfied that there are reasonable grounds to believe—

(a)

that intimidation of any person or persons who may be selected as a juror or jurors has occurred, is occurring, or may occur; and

(b)

that the effects of that intimidation can be avoided effectively only by making an order under subsection (1).

(4)

If the defendant is one of 2 or more co-defendants to be tried together, all of them must be tried before a Judge with a jury unless an order under subsection (1) for all of them to be tried by a Judge without a jury is applied for and made.

(5)

This section does not limit section 102.

Compare: 1961 No 43 s 361E