COSTS IN CRIMINAL CASES ACT 1967 - SECT 3A
Evidence of further relevant facts may be adduced
COSTS IN CRIMINAL CASES ACT 1967 - SECT 3A
Evidence of further relevant facts may be adduced
3A Evidence of further relevant facts may be adduced
(1) For the purpose of determining whether or not to grant a certificate under
section 2 in relation to any proceedings, the reference in section 3 (1) (a)
to
"all the relevant facts" is a reference to:
(a) the relevant facts established
in the proceedings, and
(b) any relevant facts that the defendant has, on the
application for the certificate, established to the satisfaction of the Court
or Judge or Magistrate, and
(c) any relevant facts that the prosecutor, or in
the absence of the prosecutor, any person authorised to represent the Minister
on the application, has established to the satisfaction of the Court or Judge
or Magistrate that:
(i) relate to evidence that was in the possession of the
prosecutor at the time that the decision to institute proceedings was made,
and
(ii) were not adduced in the proceedings.
(2) Where, on an application
for a certificate under section 2 in relation to any proceedings, the
defendant adduces evidence to establish further relevant facts that were not
established in those proceedings, the Court or Judge or Magistrate to which or
to whom the application is made may:
(a) order that leave be given to the
prosecutor in those proceedings or, in the absence of the prosecutor, to any
person authorised to represent the Minister on the application, to comment on
the evidence of those further relevant facts, and
(b) if the Court, Judge or
Magistrate think it desirable to do so after taking into consideration any
such comments, order that leave be given to the prosecutor or to the person
representing the Minister to examine any witness giving evidence for the
applicant or to adduce evidence tending to show why the certificate applied
for should not be granted and adjourn the application so that that evidence
may be adduced.
(3) If, in response to an application for a certificate under
section 2 in relation to any proceedings, the prosecutor or, in the absence of
the prosecutor, any person authorised to represent the Minister on the
application adduces evidence to establish further relevant facts that were not
established in those proceedings, the Court or Judge or Magistrate to which or
to whom the application is made may:
(a) order that leave be given to the
defendant to comment on the evidence of those relevant facts, and
(b) if the
Court or Judge or Magistrate think it desirable to do so after taking into
consideration any of those comments, order that leave be given to the
defendant to examine any witness giving evidence for the prosecutor or that
authorised person.