Welcome to the Criminal Procedure Act 2009


The Criminal Procedure Act 2009 has been in operation for a few years now. While there continues to be interpretation and amendment of its provisions, the transition from the old legislation to the new has successfully been made, and a blog exclusively dedicated to the Act is no longer necessary.

If you're looking for a frequently updated blog on general legal matters in Victoria, have a look at Quis Custodes Ipsos Custodes? by the same authors.















2010-01-09

106. Compulsory examination hearing

106. Compulsory examination hearing

(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—

(a) sworn 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.

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