106EProcedure in relation to hearing and determining applications under this Part

106E Procedure in relation to hearing and determining applications under this Part

[Section 106E Substituted by No. 8 of 1988, s. 5 ]

(1)  *[Section 106E Subsection (1) substituted by No. 64 of 1994, s. 9 ]*Except as otherwise provided by this Act or ordered by justices –

(a) an application under this Part is to be heard and determined –

(i) in open court; and

(ii) in the same manner, as nearly as practicable, as a complaint for a simple offence; and

(b) a person who makes an application under this Part is to be treated, as nearly as practicable, as a complainant.

(1A)  *[Section 106E Subsection (1A) inserted by No. 64 of 1994, s. 9 ]*At the hearing of an application under this Part, the following persons may conduct the applicant's or respondent's case and examine and cross-examine witnesses:

(a) the applicant or respondent;

(b) [Section 106E Subsection (1A) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] [Section 106E Subsection (1A) amended by No. 23 of 2009, s. 28, Applied:16 Jun 2009] a lawyer who represents the applicant or respondent;

(c) a police officer who represents the applicant or respondent.

(1B)  *[Section 106E Subsection (1B) inserted by No. 64 of 1994, s. 9 ]*If a police officer could, if available as a witness, give direct oral evidence of a fact in his or her professional capacity in the hearing of an application under this Part, the statutory declaration of the police officer in relation to that fact and made in support of the application is, subject to subsection (1C) , admissible as evidence of the fact in the hearing, notwithstanding that the police officer may be available as a witness.

(1C)  *[Section 106E Subsection (1C) inserted by No. 64 of 1994, s. 9 ]*A statutory declaration referred to in subsection (1B) is not admissible as evidence in the hearing of an application under this Part if the justices, having regard to all the circumstances, are of the opinion that the representation in the statutory declaration ought not to be admitted without being tested by cross-examination.