JUSTICES ACT 1902 - SECT 48E Direction to witness to attend

This legislation has been repealed.

JUSTICES ACT 1902 - SECT 48E

48E Direction to witness to attend

(1) For the purposes of committal proceedings, the Justice or Justices may give a direction requiring the attendance at the proceedings of a person who has made a written statement for the purposes of this Subdivision. The direction may be given on the application of the defendant or informant or on the motion of the Justice or Justices.

(1A) The Justice or Justices must give the direction if an application is made by the defendant or the informant and the other party consents to the direction being given.

(2) In any other circumstance, the Justice or Justices may give the direction only if:

(a) in the case of a witness in proceedings that relate to an offence involving violence who is the alleged victim of the offence--the Justice or Justices are of the opinion that there are special reasons why, in the interests of justice, the witness should attend to give oral evidence, or

(b) in any other case--the Justice or Justices are of the opinion that there are substantial reasons why, in the interests of justice, the witness should attend to give oral evidence.

(3) The Justice or Justices must not give the direction if the written statement has already been admitted as evidence.

(4) A defendant may apply for a direction under subsection (1) only if the defendant has served on the informant, within such period as the Justice or Justices may direct, a notice that the defendant wishes the person who made the statement to attend at the proceedings.

(5) If a direction has been given under subsection (1), the statement is not admissible as evidence under section 48A in the proceedings, unless the direction has been withdrawn.

(6) A direction given under subsection (1) on the application of a defendant or informant may be withdrawn:

(a) only on the application, or with the consent, of the applicant, or

(b) if the applicant fails to appear, on the application of the other party.

(7) If the Justice refuses or Justices refuse to give a direction under subsection (1), the Justice or Justices must give reasons for doing so.

(8) The regulations may make provision for or with respect to the determination of special reasons under subsection (2) (a) and the determination of substantial reasons under subsection (2) (b).

(9) In this section:

"offence involving violence" means any of the following offences:

(a) a prescribed sexual offence within the meaning of the Criminal Procedure Act 1986 ,

(b) an offence under sections 27- 30 of the Crimes Act 1900 (attempts to murder),

(c) an offence under section 33 of the Crimes Act 1900 (wounding etc with intent to do grievous bodily harm or resist arrest),

(d) an offence under section 35 (b) of the Crimes Act 1900 (infliction of grievous bodily harm),

(e) an offence under sections 86-91 of the Crimes Act 1900 (abduction or kidnapping),

(f) an offence under sections 94- 98 of the Crimes Act 1900 (robbery),

(g) any other offence that involves an act of actual or threatened violence that is prescribed by the regulations for the purposes of this section.