6Procedure in relation to application

6 Procedure in relation to application

(1)  This section applies in relation to an application under section 4(1) .

(2)  The Supreme Court may adjourn the hearing of an application to a date set by the Court.

(3)  The DPP, or counsel on the DPP’s behalf, must appear for the Crown at the hearing of the application.

(4)  The offender to whom an application relates is entitled to be present at the hearing of the application, unless the Supreme Court, in its discretion, orders otherwise.

(5)  The DPP or the offender may adduce evidence in relation to the application.

(6)  If a report provided to the Court under this Part, or tendered in evidence, is disputed by a party to the application –

(a) that party is entitled to cross-examine the author of the report; and

(b) if the author of the report is cross-examined, the other party to the application is entitled to examine the author of the report by way of reply.