Northern Territory Numbered Acts

JUSTICE LEGISLATION AMENDMENT (COMMITTALS REFORM) ACT 2010 (NO 31 OF 2010) - SECT 9

Sections 110 and 111

repeal, substitute

110     Defendant may give evidence and call witnesses

    (1)     A Justice proceeding with a preliminary examination under section 109(3)(c) must explain to the defendant, in a way reasonably likely to be understood by the defendant, that:

    (a)     the defendant has the right to answer the charge; and

    (b)     the defendant may give evidence on oath in his or her defence, but is not required to do so; and

    (c)     if the defendant chooses to give evidence:

        (i)     he or she may be questioned by the Justice and cross-examined by the prosecution; and

        (ii)     anything the defendant says will be recorded and may be given in evidence at trial; and

    (d)     the defendant may call other witnesses to give evidence on oath in his or her defence, but is not required to do so.

    (2)     A Justice need not give the explanation required by subsection (1) if the defendant is represented by a legal practitioner and the Justice is satisfied the matters mentioned in subsection (1) have been adequately explained to the defendant by the legal practitioner.

    (3)     After giving the explanation required by subsection (1), or dispensing with it under subsection (2), the Justice must give the defendant the opportunity to give evidence and call any witnesses.

    (4)     If the defendant chooses to give evidence, he or she is to give his or her evidence-in-chief on oath and may be:

    (a)     questioned by the Justice; and

    (b)     cross-examined by the prosecutor and then re-examined.

    (5)     If the defendant is committed for trial, any evidence given by the defendant at the preliminary examination may be given in evidence at the trial.

    (6)     Any witness called by the defendant is to give his or her evidence-in-chief on oath and may be cross-examined by the prosecution and re-examined.