99. Time limit for determining certain committal proceedings for a sexual offence

99. Time limit for determining certain committal proceedings for a sexual offence

(1) This section applies to a committal proceeding for a sexual offence if—

(a) the complainant was a child or a person with a cognitive impairment when the criminal proceeding was commenced; and

(b) a witness other than the complainant is to be cross-examined in the committal hearing.

(2) The Magistrates' Court must determine a committal proceeding to which subsection (1) applies within 2 months after the committal mention hearing or, if more than one committal mention hearing is held, the final committal mention hearing.

(3) The Magistrates' Court may fix a longer period for the determination of a committal proceeding to which subsection (1) applies if the court is satisfied that it is in the interests of justice that another period should be fixed having regard to—

(a) the seriousness of the offence; and

(b) the reason a longer period is required.

(4) Subsection (2) does not apply if—

(a) the accused has failed to attend in accordance with the conditions of his or her bail; or

(b) a warrant to arrest the accused has been issued and at the end of the relevant period referred to in section 126(1) the accused has not been arrested; or

(c) the accused requests that the committal proceeding be determined after the period referred to in subsection (2) and the Magistrates' Court is satisfied that in the interests of justice the request should be granted.

(5) If a committal proceeding to which subsection (1) applies has not been determined before the expiry of the period referred to in subsection (2), or any longer period fixed under subsection (3), the Magistrates' Court may, on the application of the accused, order that the accused be discharged