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This is a Bill, not an Act. For current law, see the Acts databases.
CRIMINAL CODE AMENDMENT (EXPERT EVIDENCE) BILL 2009
Serial 32
Criminal
Code Amendment (Expert Evidence) Bill 2009
Ms
Lawrie
A Bill for an Act to amend the
Criminal Code
NORTHERN TERRITORY OF
AUSTRALIA
Criminal Code Amendment (Expert
Evidence) ACT 2009
____________________
Act No. [ ] of
2009
____________________
TABLE OF PROVISIONS
NORTHERN
TERRITORY OF AUSTRALIA
____________________
Act No. [ ] of
2009
____________________
An Act to amend the Criminal
Code
[Assented to [ ]
2009]
[Second reading [ ]
2009]
The Legislative Assembly of the Northern
Territory enacts as follows:
This Act may be cited as the Criminal Code
Amendment (Expert Evidence) Act 2009.
This Act amends the Criminal Code.
Repeal and substitution of Part IX, Division 4
heading
Part IX, Division 4 heading
omit, substitute
Division
4 Alibi, expert evidence, trial adjournment, pleas and
practice
After section 331
insert
331A Notice of expert
evidence
(1) This section applies if a person (the
accused) is to be tried in a court on indictment.
(2) If the accused
intends to adduce any expert evidence during the
trial, the accused must give written notice in
accordance with this section to the court and prosecution:
(a) at least 14 days before the start of the trial;
or
(b) within another time allowed by the
court.
(3) The notice:
(a) must specify:
(i) the name, address and qualifications of the
witness who is to give the expert evidence; and
(ii) the substance of the expert evidence;
and
(b) must be accompanied by a copy of any existing
document containing opinions or findings (or both) made by the witness that the
accused intends to rely on as all or part of the expert
evidence.
(4) If a document mentioned in subsection (3)(b)
comes into existence after the notice was given but before the start of the
trial, the accused must give a copy of it to the court and prosecution before
the start of the trial.
(5) For subsections (2) and (4), the notice to the
prosecution must be served on the Director of Public
Prosecutions (the Director)
by:
(a) giving it to the Director or someone authorised
by the Director to receive the notice; or
(b) sending it by certified mail addressed to the
Director at the address of the office of the
Director.
(6) Subsections (2) to (5) have effect except as
allowed by the court.
(7) If the accused contravenes any provision of
this section:
(a) the court may, on application by the
prosecution:
(i) if the jury have been sworn – discharge
the jury and adjourn the trial; or
(ii) otherwise – adjourn the trial;
and
(b) the court or prosecution may make comment to the
jury in relation to the contravention (but must not suggest that, because of the
contravention, the accused is guilty of the offence to which the trial
relates).
Amendment of section 371 (Discharge of
jury)
Section 371, at the end
insert
Note
The jury may also be discharged under
section 331A(7)(a)(i).
After section 444
insert
Part
XII Transitional matters for Criminal Code Amendment (Expert Evidence)
2009
The amendments made to this Act by the Criminal
Code Amendment (Expert Evidence) Act 2009 apply only to a trial that
starts at least 14 days after the commencement of that
Act.
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