55. Contest mention hearing

55. Contest mention hearing

(1) This section applies to a proceeding for-

(a) a summary offence; or

(b) an indictable offence that may be heard and determined summarily.

(2) The Magistrates' Court may, between the return date and the day on which the charge is heard, from time to time conduct a contest mention hearing.

(3) At a contest mention hearing, the Magistrates' Court may-

(a) require the parties to provide an estimate of the time expected to be needed for the hearing of the charge;

(b) require the parties to advise as to the estimated number and the availability of witnesses (other than the accused) for the hearing of the charge and whether any witnesses are from interstate or overseas;

(c) request each party to indicate the evidence that party proposes to adduce and to identify the issues in dispute;

(d) require the accused to advise whether the accused is legally represented and has funding for continued legal representation up to and including the hearing of the charge;

(e) require the parties to advise whether there are any particular requirements of, or facilities needed for, witnesses and interpreters;

(f) order a party to make, file in court or serve (as the case requires)any written or oral material required by the court for the purposes of the proceeding;

(g) allow a party to amend a document that has been prepared by or on behalf of that party for the purposes of the proceeding;

(h) if the court considers that it is in the interests of justice to do so, dispense with or vary any requirement imposed on a party by or under this Part;

(i) require or request a party to do anything else for the case management of the proceeding.

(4) The accused must attend all contest mention hearings.

Notes

1. Section 3 defines attend as to be physically present in court.

2. See section 334 in relation to a corporate accused.

3. Section 330 gives the court power to excuse an accused from attending a hearing.

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50. Expert evidence

50. Expert evidence

(1) If the accused intends to call a person as an expert witness at the
hearing of the charge, the accused must serve on the informant in accordance with section 392 and file in court a copy of the statement of the expert witness in accordance with subsection (2)-

(a) at least 7 days before the day on which the contest mention hearing is to be held; or

(b) if there is no contest mention hearing, at least 7 days before the summary hearing; or

(c) if the statement is not then in existence, as soon as possible after
it comes into existence.

(2) The statement must-

(a) contain the name and business address of the witness; and

(b) describe the qualifications of the witness to give evidence as an expert; and

(c) set out the substance of the evidence it is proposed to adduce from the witness as an expert, including the opinion of the witness and the acts, facts, matters and circumstances on which the opinion is formed.

Note

Section 177 of the Evidence Act 2008 provides for certificates of expert evidence.

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