JUSTICES ACT 1886 - SECT 83A Direction hearing

JUSTICES ACT 1886 - SECT 83A

83A Direction hearing

(1) This section applies to a proceeding for an offence.

(2) A magistrate, on his or her own initiative, may direct the parties to the proceeding to attend at a direction hearing.

(3) A party to the proceeding may apply to a court, in the approved form, for a direction hearing.

(4) The party must serve a copy of the filed application on each other party at least 2 clear days before the day nominated for the direction hearing, unless the court directs otherwise.

(5) At a direction hearing, a magistrate may give a direction he or she is entitled to make at law about any aspect of the conduct of the proceeding, including, for example, about any of the following—

(aa) disclosure under the Criminal Code , chapter 62 , chapter division 3 ;

(a) a party providing a copy of—

(i) a medical, psychiatric or other expert report; or

(ii) a statement, report or other stated information relevant to the proceeding;

(b) psychiatric or other medical examination of the defendant;

(c) joining complaints;

(ca) hearing complaints that have been ordered to be heard together under section 43A ;

(d) receiving evidence or submissions by telephone, video link or other form of communication;

(e) issuing a summons or warrant;

(f) changing the usual practice of the court in a way that helps an alleged victim of the offence to give evidence in the proceeding;

(g) if the proceeding is a committal proceeding—

(i) the arrangements necessary for the giving of evidence by a special witness or an affected child under the Evidence Act 1977 , part 2 , division 4 or 4A ; or

(ii) matters relating to the Evidence Act 1977 , part 2 , division 4C ; or

(iii) cross-examining a protected witness under the Evidence Act 1977 , part 2 , division 6 ;

(h) matters relating to protected counselling communications under the Evidence Act 1977 , part 2 , division 2A ;

(i) matters relating to the Evidence Act 1977 , part 6A .

(5AA) A magistrate may also, at a direction hearing, give a direction under this section requiring the prosecution to call the maker of a written statement tendered or to be tendered by the prosecution under section 110A (3) —

(a) to attend before the court as a witness to give oral evidence; or

(b) to be made available for cross-examination on the written statement.

(5AB) Subsection (5AA) —

(a) applies subject to section 110B ; and

(b) does not apply to a written statement given by an affected child under the Evidence Act 1977 , part 2 , division 4A , subdivision 2 .

(5AC) Also, a direction can not be given under subsection (5AA) if it would provide for a cross-examination that is not otherwise permitted.

Example—

The Evidence Act 1977 , section 21N provides that a person charged may not cross-examine a protected witness in person.

(5A) In a summary proceeding, a magistrate may give a direction under subsection (5) (a) about prosecution disclosure, despite subsection (5) (aa) and section 41 .

(6) A direction is binding unless a magistrate, for special reason, gives leave to reopen the direction.

(7) A direction must not be subject to interlocutory appeal but may be raised as a ground of appeal against conviction or sentence.

(8) To remove any doubt, it is declared that costs are not payable on a direction hearing in relation to an offence dealt with by way of committal proceeding, except to the extent they are awarded under section 83B arising out of noncompliance with a direction given under subsection (5) (aa) .

(9) A direction hearing for a disclosure obligation direction under division 10B , or for a direction under subsection (5AA) , may be held on the date set by the court for the commencement of the hearing of evidence in the proceeding the subject of the direction.

(10) In this section—


"direction hearing" means a hearing before the court for a direction about the conduct of the proceeding.