104. Order for compulsory examination hearing

104. Order for compulsory examination hearing

(1) On the application of the informant, the Magistrates' Court may make an order requiring a person to attend before the court on a date fixed by the court for the purpose of being examined by or on behalf of the informant or producing a document or thing or both.

(2) The Magistrates' Court may make an order under subsection (1) if it is satisfied that it is in the interests of justice to do so.

(3) The Magistrates' Court may set aside an order under subsection (1) at any time, whether on its own motion or on the application of the informant or the person sought to be examined.

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103. Application for order

103. Application for order

(1) Subject to this section, an informant may apply for an order under section 104(1).

(2) An application under subsection (1) may only be made—

(a) after a charge-sheet has been filed against the accused in relation to the matter to which the proposed examination relates; and

(b) subject to subsection (3), before the committal hearing, if any, commences.

(3) An application under subsection (1) may be made after the committal mention hearing only if the Magistrates' Court is satisfied that it is in the interests of justice to allow the making of the application at that time.

(4) On an application under subsection (1), the informant must advise the Magistrates' Court of the following information—

(a) whether the person sought to be examined has been asked by the prosecution to make a statement and has refused to do so; and

(b) whether the informant is aware of whether the person sought to be examined has obtained legal advice concerning the proposed examination; and

(c) whether the person sought to be examined is or has been a suspect with respect to the matter to which the proposed examination relates; and

(d) whether the person sought to be examined has been made aware of the application; and

(e) any other information prescribed by the rules of court.

(5) An application under subsection (1) may be made with or without notice to the accused.

(6) If the person sought to be examined in an application under subsection (1) is or has been a suspect with respect to the matter to which the proposed examination relates, the informant must give reasonable notice of the application to the person, or a legal practitioner representing the person, whether or not—

(a) a charge-sheet against the person has been filed; or

(b) a charge against the person has been determined.

(7) The accused—

(a) is not a party to an application under subsection (1); and

(b) may not address the court on the application.

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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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