CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 19
Circumstances in which evidence to be given in person
CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 19
Circumstances in which evidence to be given in person
19 Circumstances in which evidence to be given in person
(1) The District Court may direct a person to attend and give evidence in
proceedings on an appeal against conviction if it is satisfied--
(a) in the
case of an appeal that relates to an offence involving violence against that
person, that there are special reasons why, in the interests of justice, the
person should attend and give evidence, or
(b) in any other case, that there
are substantial reasons why, in the interests of justice, the person should
attend and give evidence.
(2) An application for such a direction may be made
by a party to the proceedings in relation to a particular person only if
notice of the party's intention to make such an application has been served on
each other party to the proceedings within such period as the District Court
may direct.
(3) If an application for such a direction is refused, the
District Court must give reasons for the refusal.
(4) A direction may be
withdrawn only on the application, or with the consent, of the appellant.
(5)
The regulations may make provision for or with respect to the determination of
special or substantial reasons for the purposes of subsection (1).
(6)
Without limiting subsection (5), in determining whether special or substantial
reasons exist, the District Court must have regard to whether or not the
appellant was legally represented for the whole or any part of the
original Local Court proceedings.
