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CRIMINAL PROCEDURE ACT 2009 - SECT 141 Determination of committal proceeding where hand-up brief used

CRIMINAL PROCEDURE ACT 2009 - SECT 141

Determination of committal proceeding where hand-up brief used

S. 141(1) substituted by No. 48/2018 s. 27(1).

    (1)     After the evidence for the prosecution is concluded, the Magistrates' Court must enquire—

        (a)     except in a committal proceeding to which section 123 applies, whether the accused intends to call any witness; and

Note

Section 123 provides that there is to be no cross-examination in certain sexual offence cases.

        (b)     whether the accused intends to make any submission.

S. 141(2) amended by No. 48/2018 s. 27(2)(a).

    (2)     If the accused is not represented by a legal practitioner, the Magistrates' Court must—

S. 141(2)(a) amended by No. 48/2018 s. 27(2)(b).

        (a)     inform the accused that the accused has the right to answer the charge and must choose either—

S. 141(2)(a)(i) amended by No. 6/2018 s. 68(Sch. 2 item 38.1).

              (i)     to give sworn or affirmed evidence, that is, to enter the witness box, take the oath or make an affirmation and say what the accused wants to say in answer to the charge and then to respond to any questions from the prosecution or the court about the evidence of the accused; or

              (ii)     to say nothing in answer to the charge; and

S. 141(2)(b) amended by No. 6/2018 s. 68(Sch. 2 item 38.1), substituted by No. 48/2018 s. 27(2)(c).

        (b)     except in a committal proceeding to which section 123 applies, inform the accused that whatever choice referred to in paragraph (a) is made, the accused may call any witnesses to give sworn or affirmed evidence for the accused.

S. 141(2A) inserted by No. 48/2018 s. 27(3).

    (2A)     The Magistrates' Court is required to give information referred to in subsection (2) in a manner likely to be understood by the accused.

    (3)     After giving the information referred to in subsection (2), the Magistrates' Court must ask the accused what the accused wants to do.

    (4)     At the conclusion of all of the evidence and submissions, if any, the Magistrates' Court must—

        (a)     if in its opinion the evidence is not of sufficient weight to support a conviction for any indictable offence, discharge the accused; or

        (b)     if in its opinion the evidence is of sufficient weight to support a conviction for the offence with which the accused is charged, commit the accused for trial in accordance with section 144; or

        (c)     if in its opinion the evidence is of sufficient weight to support a conviction for an indictable offence other than the offence with which the accused is charged, adjourn the committal proceeding to enable the informant to file a charge-sheet in respect of that other offence and, if a charge-sheet is filed, must commit the accused for trial in accordance with section 144.

    (5)     If the informant does not file a charge-sheet for the other offence within the period of an adjournment under subsection (4)(c), the Magistrates' Court must discharge the accused.