sec.110BSpecial provisions applying to a direction under s 83A (5AA)

### sec.110B Special provisions applying to a direction under s 83A (5AA) A magistrate at a direction hearing must not give a direction under section 83A (5AA) in relation to the maker of a written statement unless the magistrate is satisfied there are substantial reasons why, in the interests of justice, the maker should attend to give oral evidence or be made available for cross-examination on the written statement. Under section 83A a magistrate, on the magistrate’s own initiative, may direct the parties to a proceeding to attend at a direction hearing. Also, under that section, a party to the proceeding may apply to a court, in the approved form, for a direction hearing. An application in relation to the maker of a particular written statement may be made only once unless a magistrate gives leave for a subsequent application to be made on the basis of special reasons considered by the magistrate to exist. An application for a direction under section 83A (5AA) may be made only if— the defendant has, by letter, or by email or some other electronic form of written communication (the defendant’s communication ), advised the prosecution of the following— the name of the maker of the written statement the subject of the application; the general issues relevant to the making of the application; identification evidence, expert opinion evidence the reasons to be relied on to justify the calling of the maker of the written statement to give oral evidence; a time (the nominated time ) for the prosecution to respond to the defendant’s communication; and the prosecution’s response to the defendant’s communication (the prosecution’s response ) has been received, or it has not been received within the nominated time; and there is filed with the application— a copy of the defendant’s communication; and the prosecution’s response, if it has been received. The nominated time must be— the time set by the court or by a practice direction; or if there is no time set by the court or by a practice direction—a time that is reasonable in the circumstances, but in any event not less than 7 days. The prosecution’s response may state whether the prosecution agrees to the calling of the maker of the statement, and any conditions attaching to the prosecution’s agreement. Section 110A (5) (Use of tendered statements in lieu of oral testimony in committal proceedings) allows for agreement between the prosecution and defence about the maker of a written statement being present for cross-examination. A magistrate must give reasons for the magistrate’s decision at a direction hearing about an application for a direction under section 83A (5AA) . An application for a direction under section 83A (5AA) must be filed and served on the other party or parties before the date set by the court or by practice direction, and in any event, if the court sets a date for the commencement of the hearing of evidence in the committal proceeding, not later than that date. A direction given under section 83A (5AA) on the application of the defendant may be withdrawn, on the application of the prosecution, if the defendant or the defendant’s lawyer does not appear at the hearing. s 110B ins 2010 No. 26 s 88 (sec.110B-ssec.1) A magistrate at a direction hearing must not give a direction under section 83A (5AA) in relation to the maker of a written statement unless the magistrate is satisfied there are substantial reasons why, in the interests of justice, the maker should attend to give oral evidence or be made available for cross-examination on the written statement. Under section 83A a magistrate, on the magistrate’s own initiative, may direct the parties to a proceeding to attend at a direction hearing. Also, under that section, a party to the proceeding may apply to a court, in the approved form, for a direction hearing. (sec.110B-ssec.2) An application in relation to the maker of a particular written statement may be made only once unless a magistrate gives leave for a subsequent application to be made on the basis of special reasons considered by the magistrate to exist. (sec.110B-ssec.3) An application for a direction under section 83A (5AA) may be made only if— the defendant has, by letter, or by email or some other electronic form of written communication (the defendant’s communication ), advised the prosecution of the following— the name of the maker of the written statement the subject of the application; the general issues relevant to the making of the application; identification evidence, expert opinion evidence the reasons to be relied on to justify the calling of the maker of the written statement to give oral evidence; a time (the nominated time ) for the prosecution to respond to the defendant’s communication; and the prosecution’s response to the defendant’s communication (the prosecution’s response ) has been received, or it has not been received within the nominated time; and there is filed with the application— a copy of the defendant’s communication; and the prosecution’s response, if it has been received. (sec.110B-ssec.4) The nominated time must be— the time set by the court or by a practice direction; or if there is no time set by the court or by a practice direction—a time that is reasonable in the circumstances, but in any event not less than 7 days. (sec.110B-ssec.5) The prosecution’s response may state whether the prosecution agrees to the calling of the maker of the statement, and any conditions attaching to the prosecution’s agreement. Section 110A (5) (Use of tendered statements in lieu of oral testimony in committal proceedings) allows for agreement between the prosecution and defence about the maker of a written statement being present for cross-examination. (sec.110B-ssec.6) A magistrate must give reasons for the magistrate’s decision at a direction hearing about an application for a direction under section 83A (5AA) . (sec.110B-ssec.7) An application for a direction under section 83A (5AA) must be filed and served on the other party or parties before the date set by the court or by practice direction, and in any event, if the court sets a date for the commencement of the hearing of evidence in the committal proceeding, not later than that date. (sec.110B-ssec.8) A direction given under section 83A (5AA) on the application of the defendant may be withdrawn, on the application of the prosecution, if the defendant or the defendant’s lawyer does not appear at the hearing. - (a) the defendant has, by letter, or by email or some other electronic form of written communication (the defendant’s communication ), advised the prosecution of the following— (i) the name of the maker of the written statement the subject of the application; (ii) the general issues relevant to the making of the application; Examples of general issues— identification evidence, expert opinion evidence (iii) the reasons to be relied on to justify the calling of the maker of the written statement to give oral evidence; (iv) a time (the nominated time ) for the prosecution to respond to the defendant’s communication; and - (i) the name of the maker of the written statement the subject of the application; - (ii) the general issues relevant to the making of the application; Examples of general issues— identification evidence, expert opinion evidence - (iii) the reasons to be relied on to justify the calling of the maker of the written statement to give oral evidence; - (iv) a time (the nominated time ) for the prosecution to respond to the defendant’s communication; and - (b) the prosecution’s response to the defendant’s communication (the prosecution’s response ) has been received, or it has not been received within the nominated time; and - (c) there is filed with the application— (i) a copy of the defendant’s communication; and (ii) the prosecution’s response, if it has been received. - (i) a copy of the defendant’s communication; and - (ii) the prosecution’s response, if it has been received. - (i) the name of the maker of the written statement the subject of the application; - (ii) the general issues relevant to the making of the application; Examples of general issues— identification evidence, expert opinion evidence - (iii) the reasons to be relied on to justify the calling of the maker of the written statement to give oral evidence; - (iv) a time (the nominated time ) for the prosecution to respond to the defendant’s communication; and - (i) a copy of the defendant’s communication; and - (ii) the prosecution’s response, if it has been received. - (a) the time set by the court or by a practice direction; or - (b) if there is no time set by the court or by a practice direction—a time that is reasonable in the circumstances, but in any event not less than 7 days.