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CRIMINAL PROCEDURE ACT 2009 - SECT 119

Contents of case direction notice

    A case direction notice—

        (a)     must be in the form prescribed by the rules of court;

        (b)     must specify the procedure by which it is proposed that the matter be dealt with or indicate whether an adjournment of the committal mention hearing would assist the parties in determining how the matter should be dealt with;

S. 119(c) substituted by No. 55/2014 s. 108(1).

        (c)     must state the names of any witnesses that the accused intends to seek leave to cross-examine, and for each witness the accused must specify—

              (i)     each issue for which leave to cross-examine is sought; and

              (ii)     the reason why the evidence of the witness is relevant to the issue; and

              (iii)     the reason why cross-examination of the witness on the issue is justified;

Notes

Note 1 to s. 119(c) substituted by No. 48/2018 s. 22.

1     Section 123 provides that there is to be no cross-examination in certain sexual offence cases.

Note 1A to s. 119(c) inserted by No. 48/2018 s. 22.

1A     At a committal mention hearing, the Magistrates' Court may grant leave to cross-examine a witness on one or more issues. If the Magistrates' Court grants leave to cross-examine a witness, the court must identify each issue on which the witness may be cross-examined. See section 124(6).

2     If leave to cross-examine a witness is granted under section 124, the Magistrates' Court may grant leave, during the committal hearing, for the accused to cross-examine the witness on other issues. See section 132A.

S. 119(d) substituted by No. 55/2014 s. 108(2).

        (d)     must state, in respect of each issue specified in accordance with paragraph (c)—

              (i)     whether the informant consents to or opposes leave being granted in respect of that issue; and

              (ii)     if the informant opposes leave being granted, the reason why leave is opposed;

        (e)     may include a statement that the accused requires—

              (i)     specified items listed in the hand-up brief to be produced for inspection or a copy given to the accused on or before the committal mention hearing;

              (ii)     a copy of any information, document or thing specified by the accused that the accused considers ought to have been included in the hand-up brief;

              (iii)     particulars of previous convictions of any witness on whose evidence the prosecution intends to rely in the committal proceeding;

        (f)     may include a statement that the accused is prepared, or is not prepared, to proceed or proceed further with the committal hearing while a forensic procedure, examination or test described in the hand-up brief remains uncompleted;

        (g)     must be signed by or on behalf of the accused and the DPP or, if the DPP is not conducting the committal proceeding, the informant.



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