63Proceedings on preliminary proceedings order generally

63 Proceedings on preliminary proceedings order generally

[Section 63 Substituted by No. 108 of 1974, s. 19 ][Section 63 Subsection (3) amended by No. 33 of 1982, s. 6 ][Section 63 Subsection (4) amended by No. 45 of 1986, s. 12 ][Section 63 Repealed by No. 22 of 2007, s. 11, Applied:01 Feb 2008]

(1)  On the receipt by the clerk of petty sessions of a copy of a preliminary proceedings order, a magistrate or justice is to conduct preliminary proceedings in accordance with the order.

(2)  The defendant must be present during preliminary proceedings unless the magistrate, or justice, conducting the proceedings permits the proceedings to proceed in the absence of the defendant.

(3)  During preliminary proceedings –

(a) the evidence of a witness, other than an affected person, is to be taken by the examination of the witness before the magistrate, or justice, conducting the proceedings; and

(b) the evidence of an affected person, given by audio visual link in accordance with section 65(1) , is to be taken by the receipt, by the magistrate or justice conducting the proceedings, of the endorsed recording of the statement of the witness and the examination of the witness; and

(c) the evidence of a witness given in examination is to be transcribed and the transcript is to be certified.

(4)  If, during preliminary proceedings in respect of an offence, the defendant’s fitness to stand trial for the offence is raised –

(a) the magistrate, or justice, conducting the preliminary proceedings may order expert evidence, including psychiatric reports, on that matter; and

(b) if expert evidence is ordered under paragraph (a) , the clerk of petty sessions is to forward the expert evidence to the Supreme Court; and

(c) that matter is to be determined by the Supreme Court in accordance with section 10(2) of the Criminal Justice (Mental Impairment) Act 1999 .