63Proceedings on preliminary proceedings order generally

### 63 Proceedings on preliminary proceedings order generally > *\[Section 63 Substituted by No. 108 of 1974, s. 19 \]**\[Section 63 Subsection (3) amended by No. 33 of 1982, s. 6 \]**\[Section 63 Subsection (4) amended by No. 45 of 1986, s. 12 \]*[*\[Section 63 Repealed by No. 22 of 2007, s. 11, Applied:01 Feb 2008\]*](/view/html/inforce/2008-02-01/act-2007-022#GS11@EN) > > > (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)](#GS65@Gs1@EN) , 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)](#GS63@Gs4@Hpa@EN) , 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](/view/html/inforce/2026-04-12/act-1999-021#GS10@Gs2@EN) [Criminal Justice (Mental Impairment) Act 1999](/view/html/inforce/2026-04-12/act-1999-021) .