Northern Territory Numbered Acts

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JUSTICE LEGISLATION AMENDMENT (COMMITTALS REFORM) ACT 2010 (NO 31 OF 2010) - SECT 14

Amendment of section 122A (Serious or difficult matters not to be dealt with summarily)

(1)     Section 122A, before "If it"

insert

    (1)    

(2)     Section 122A(1)

omit

Court, the Court may conduct a preliminary examination under this Part in relation to the offence.

substitute

Court:

    (a)     the Court may discontinue the summary proceedings; and

    (b)     the Magistrate who constituted the Court may continue the proceedings as a preliminary examination.

(3)     After section 122A(1)

insert

    (2)     A Magistrate who continues proceedings under subsection (1)(b) may, having regard to the stage reached in the summary proceedings, do any or all of the following:

    (a)     dispense with the requirement for a committal brief to be served;

    (b)     grant leave for witnesses to give oral evidence-in-chief or be cross-examined without requiring compliance with sections 105G to 105K;

    (c)     otherwise dispense with or modify the requirements of Division 1 to the extent to which the Magistrate considers appropriate to facilitate the proceedings being conducted fairly, efficiently, economically and expeditiously.



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