SUPREME COURT RULES 1970 - SECT 75.3HA Criminal proceedings

SUPREME COURT RULES 1970 - SECT 75.3HA

75.3HA Criminal proceedings

(cf former Part 27, rule 1B)

(1) If a person has been committed for trial or is to be dealt with before the Court, a proceeding between the prosecuting authority and the person is taken to be before the Court for the purposes of any application to the Court under section 6 or 20 of the Evidence on Commission Act 1995 or under section 7 of the Foreign Evidence Act 1994 of the Commonwealth.

(2) Any such application is to be made--

(a) in a proceeding which is before the Court under subrule (1)--by summons, or

(b) in proceedings which are specified in the Third Schedule to the Act--by motion in the proceedings as if the proceedings had been commenced by summons, or

(c) in proceedings in the Court in its summary jurisdiction--by motion in the proceedings.

(3) If a person has been committed for trial or to be dealt with before the District Court, a proceeding between the prosecuting authority and the person is taken to be before the District Court for the purposes of any application to the Court under section 9 or 23 of the Evidence on Commission Act 1995 or under section 10 of the Foreign Evidence Act 1994 of the Commonwealth.