South Australian Current Acts South Australian Current Acts112—Notices relating to committal proceedings
(1) A defendant
charged with an indictable offence may file in the Magistrates Court, and give
to the prosecution, a notice indicating that the defendant intends to assert
that there is no case to answer on the charge in committal proceedings
conducted in accordance with section 114.
(2) A defendant
charged with an indictable offence may file in the Magistrates Court, and give
to the prosecution, a notice requesting the oral examination of a witness or
witnesses in committal proceedings conducted in accordance with
section 114.
(3) A notice under
this section must—
(a) be
filed in the Court and given to the prosecution before the date appointed for
the answer charge hearing; and
(b) in
the case of a notice under subsection (1)—specify why the defendant
asserts that there is no case to answer; and
(c) in
the case of a notice under subsection (2)—specify which witness or
witnesses and why the defendant asserts there are special reasons for the oral
examination; and
(d)
comply with any other requirements prescribed by the regulations.
(4) If a notice under
this section is given to the prosecution less than 2 weeks before the date
appointed for the answer charge hearing, the Magistrates Court must, at the
request of the prosecution, adjourn the answer charge hearing for a period of
up to 2 weeks (or such longer period as the Court thinks fit) to allow the
prosecution time to consider the notice and properly prepare for the
answer charge hearing.