| (10)
Where, after the evidence is presented at the hearing of an application, the judge considers that subsection 745(1) of the Code does not apply to the applicant, the judge shall refer the application back to the Chief Justice and adjourn the hearing pending a determination by the Chief Justice.
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(11)
Where an application is referred back to the Chief Justice pursuant to paragraph 50.07(18)(b) or sub rule 50.08(10) and the Chief Justice determines that subsection 745(1) of the Code does not apply to the applicant, the Chief Justice shall dismiss the application and the judge shall discharge the jury.
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