Document ID: chunk:federal_register_of_legislation:C2024C00819:section:23cq
Version: federal_register_of_legislation:C2024C00819
Segment Type: section
Provision Reference: s 23CQ
Character Range: 122678–124088

23CQ  Examining witnesses after committal in absence of the jury
 (1) After the indictment is filed in the Court, the Court may direct a person to appear for examination before the Court or a Judge, the Chief Executive Officer, a Registrar, a District Registrar or a Deputy District Registrar of the Court if:
 (a) a party applies for the direction; and
 (b) the prosecutor has disclosed that the prosecutor proposes to call the person as a witness at a trial on the indictment; and
 (c) if the indictment was filed in the Court as a result of proceedings in which the accused was committed for trial—the person was not examined in those proceedings; and
 (d) the applicant satisfies the Court that it would be contrary to the interests of justice to proceed to trial without the person being examined.
Note: A person examined under this section will be examined in the absence of a jury.
 (2) The Court may make such orders as it thinks appropriate in the circumstances to give effect to a direction under subsection (1).
 (3) A direction under subsection (1) may permit either or both of the parties to examine the person named in the direction.
 (4) For the purposes of paragraph (1)(d), the absence of committal proceedings does not, of itself, mean it will be contrary to the interests of justice to proceed to trial without the person being examined.

Subdivision D—Election in relation to a jury panel