Victorian Current Acts

CRIMINAL PROCEDURE ACT 2009 - SECT 106

    (1)     A person ordered under section 104(1) to attend the Magistrates' Court for a compulsory examination hearing—

        (a)     may be represented at the hearing by a legal practitioner; and

        (b)     may address the court personally or through the legal practitioner.

    (2)     The evidence of a witness at a compulsory examination hearing must be—

S. 106(2)(a) amended by No. 6/2018 s. 68(Sch. 2 item 38.1).

        (a)     sworn or affirmed and given by way of examination-in-chief; and

        (b)     recorded in the same manner as evidence at a committal hearing.

    (3)     The accused may attend a compulsory examination hearing.

    (4)     At a compulsory examination hearing, if the Magistrates' Court determines that there are exceptional circumstances, the accused may address the court personally or through a legal practitioner representing the accused but     may not cross-examine a witness.

    (5)     Nothing in this section excludes or limits the operation of any other law as to the competence or compellability of a witness to give evidence.

Part 4.4—Pre-hearing disclosure of prosecution case