44PTrial judge may request indication from parties

44P Trial judge may request indication from parties

(1) Before the trial commences, the trial judge may request that the prosecution and defence counsel (or, if the accused is unrepresented, the accused) each inform the trial judge of whether it is likely that evidence will be adduced in the trial that would provide a good reason for giving a direction for which this Part provides.

(2) If the trial judge is informed under subsection (1) that it is likely that evidence will be adduced that would provide a good reason for giving a particular direction, the trial judge is not required to form a view, at that time, about whether to give that direction.

(3) Nothing in this section prevents the prosecution, defence counsel or the accused from later requesting, or making submissions in relation to, the giving of a direction about which the trial judge was not informed under subsection (1).

Pt 5 Div. 1 (Heading) substituted by No. 38/2022 s. 44.