(1) Before the criminal proceeding commences, the judge may request that the prosecution and defence counsel (or, if the defendant is unrepresented, the defendant) each inform the judge of whether it is likely that evidence will be adduced in the trial that would require the giving of a direction under subdivision 3 or 4 .
(2) If the judge is informed under subsection (1) that it is likely that evidence will be adduced that would require the giving of a particular direction, the judge is not required to form a view, at that time, about whether to give that direction.
(3) Nothing in this section prevents the prosecution, defence counsel or the defendant from later requesting, or making submissions in relation to, the giving of a direction about which the judge was not informed under subsection (1) .