Victorian Consolidated Legislation

Crimes (Criminal Trials) Act 1999 - SECT 11

Taking of evidence from a witness prior to trial

11. Taking of evidence from a witness prior to trial



(1) Prior to the day on which a trial is due to commence, a party to a
criminal proceeding may apply to the court for an order that the evidence of a
person be taken at a time and place fixed by the court.

(2) An application may only be made under subsection (1) if-

   (a)  the person was not available to be examined as a witness at the
        committal proceeding; or



   (b)  a statement from the person was not included in a hand-up brief served
        on the accused under Schedule 5 to the Magistrates' Court Act 1989-

and the person was not examined under section 56A of the
Magistrates' Court Act 1989.

(3) An application under subsection (1) must state the grounds on which an
order is sought.

(4) The court must not make an order under subsection (1) unless it is
satisfied that it is in the interests of justice that the evidence of the
witness be taken.

_______________