16Procedure at forensic procedure application hearing if suspect or charged person under 15

16 Procedure at forensic procedure application hearing if suspect or charged person under 15

(1)  [Section 16 Subsection (1) amended by No. 28 of 2014, s. 10, Applied:17 Dec 2014] This section applies to a suspect or charged person who is between 10 and 14 years of age (both years inclusive).

(2)  A forensic procedure order in respect of a suspect or charged person must be made in the presence of the suspect or charged person unless the magistrate otherwise orders.

(3)  [Section 16 Subsection (3) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] A suspect or charged person may be represented by an Australian legal practitioner.

(4)  The suspect or charged person or his or her representative may –

(a) cross-examine the applicant for the order; and

(b) with the leave of the magistrate, call or cross-examine any other witnesses; and

(c) address the magistrate.

(5)  A magistrate must not give leave under subsection (4)(b) unless the magistrate is of the opinion that there are substantial reasons why, in the interests of justice, the witness should be called or cross-examined.