105JProsecution evidence

105J Prosecution evidence (1) A handed-up witness statement must be admitted at the preliminary examination as the evidence-in-chief of the witness as if the witness had appeared before the Court and given evidence orally.

Local Court (Criminal Procedure) Act 1928 48 (2) If a handed-up witness statement is admitted under subsection (1), any listed exhibit mentioned in the statement must be admitted as if it had been mentioned by the witness while giving evidence orally. (3) Subsections (1) and (2) apply: (a) on proof of service of the handed-up witness statement; and (b) subject to subsections (4) and (5) and section 105H(7)(b). (4) The Court may refuse to admit all or any part of a handed-up witness statement or a listed exhibit in accordance with any applicable rules of evidence. (5) The Court may refuse to admit a recorded handed-up witness statement or a listed exhibit if satisfied section 105F(5) has not been complied with. (6) The Court may grant leave to the prosecution for a listed witness to give oral evidence-in-chief supplementary to his or her handed-up witness statement if satisfied it is in the interests of justice to do so. (7) The Court may grant leave to the prosecution for a person who is not a listed witness to give evidence if satisfied it is in the interests of justice to do so. (8) A witness for whom leave is granted under subsection (7) is to give the whole of his or her evidence-in-chief orally. (9) If leave is granted under subsection (6) or (7): (a) the witness must attend at the time and place fixed for the giving of evidence by the witness; and (b) the defendant may apply for leave to cross-examine the