62Preliminary proceedings orders

62 Preliminary proceedings orders

[Section 62 Substituted by No. 108 of 1974, s. 19 ][Section 62 Amended by No. 34 of 1989, s. 6 ][Section 62 Substituted by No. 41 of 1991, s. 5 ][Section 62 Subsection (1) amended by No. 62 of 2000, Sched. 1, Applied:14 Nov 2000] [Section 62 Subsection (1) amended by No. 62 of 2000, Sched. 1, Applied:14 Nov 2000] [Section 62 Subsection (2) added by No. 10 of 1994, s. 7 and Sched. 2 ][Section 62 Substituted by No. 22 of 2007, s. 11, Applied:01 Feb 2008] [Section 62 Substituted by No. 27 of 2020, s. 15, Applied:01 Jul 2021]

(1)  At any appearance of a defendant before a magistrate in respect of a charge for an indictable offence, on any plea to the charge other than a plea of guilty –

(a) one or more of the following persons may apply in writing for an order that a witness named in the application give evidence on oath in preliminary proceedings:

(i) the defendant;

(ii) a crown law officer;

(iii) if the indictable offence is a Commonwealth matter, the Director of Public Prosecutions of the Commonwealth or a person acting on behalf of the Director of Public Prosecutions of the Commonwealth; and

(b) the magistrate may make such an order.

(2)  A magistrate may only make an order under subsection (1)  in respect of a witness if –

(a) in the application for the order, the applicant has –

(i) identified a matter in respect of which the witness specified in the application is to be questioned; and

(ii) specified why the evidence of the witness is relevant to that matter; and

(iii) specified why examination of the witness is justified; and

(b) if the witness is an affected person, the magistrate is satisfied that exceptional circumstances require the witness to give evidence on oath at the preliminary proceedings; and