South Australian Current Acts

CRIMINAL PROCEDURE ACT 1921 - SECT 107

107—Pre-committal subpoenas

A subpoena may only be issued in relation to proceedings for an indictable offence before committal proceedings relating to the offence have been completed in accordance with Division 3—

            (a)         by the Registrar if—

                  (i)         the subpoena is sought in relation to a charge of a minor indictable offence and the Registrar is satisfied that the defendant will not be electing, in accordance with the rules, for trial in a superior court; or

                  (ii)         the subpoena is only issued for the purpose of compelling a witness to give oral evidence in committal proceedings; or

                  (iii)         each party to the proceedings and each person to whom the subpoena will apply (if granted) consent to the grant of the subpoena; or

            (b)         by a magistrate on an application under this section.