New South Wales Repealed Acts

This legislation has been repealed.

JUSTICES ACT 1902 - SECT 75D

75D Material to be considered in ex parte proceedings

(1) A Magistrate who proceeds to hear and determine a matter without the defendant may determine the matter on the basis of the information without hearing the informant's witnesses or any other additional evidence of the informant, if of the opinion that the matters set out in the information are sufficient to establish the offence.

(2) Before determining the matter, the Magistrate must consider any written material:

(a) given to the Magistrate by the informant, and

(b) lodged by the defendant in accordance with section 75.

(3) The Magistrate may require the informant to provide additional evidence if of the opinion that the matters set out in the information are not sufficient to establish the offence.

(4) The additional evidence is not admissible unless:

(a) it is in the form of written statements that comply with section 48C, and

(b) a copy of any such statement has been given to the defendant a reasonable time before consideration of the additional evidence by the Magistrate.

(5) The Magistrate must reject a written statement, or any part of a written statement, tendered in proceedings if the statement or part is inadmissible because of this section.

(6) Despite subsection (4), the Magistrate may require evidence to be given orally if it is not practicable to comply with that subsection or if the Magistrate thinks it necessary in the particular case.