Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 56A

Compulsory examination procedure

56A. Compulsory examination procedure





(1) The Court may, on the application of the informant at any time before the
committal mention date (or after that date but before the commencement of the
committal proceeding if the Court is satisfied that it is in the interests of
justice to allow the making of the application after that date), if satisfied
that it is in the interests of justice to do so, make an order requiring a
person to attend before the Court on a date fixed by the Court for the purpose
of being examined by or on behalf of the informant or producing a document or
thing or both.

(1A) An application under subsection (1)-

   (a)  may only be made if a charge has been filed against the defendant in
        relation to the matter to which the proposed examination relates; and

   (b)  may be made with or without notice to the defendant.

(1B) In an application under subsection (1), the informant must advise the
Court of the following information-

   (a)  whether the person sought to be examined-

   (i)  has been asked by the prosecution to make a statement; and

   (ii) has refused to do so; and

   (b)  whether the informant is aware whether the person sought to be
        examined has obtained legal advice concerning the proposed
        examination; and

   (c)  whether the person sought to be examined is or has been a suspect with
        respect to the matter to which the proposed examination relates; and

   (d)  whether the person sought to be examined has been made aware of the
        application; and

   (e)  any other information prescribed by the Rules.

(1C) If the person sought to be examined in an application under subsection
(1) is or has been a suspect with respect to the matter to which the proposed
examination relates, the informant must give reasonable notice of the
application to that person or a legal practitioner representing that person,
whether or not any charge against that person has been filed or determined.

(2) The defendant-

   (a)  is not a party to an application under subsection (1); and

   (b)  may not cross-examine a witness attending the Court under an order
        made under subsection (1); and

   (c)  may not address the Court on an application under subsection (1); and



   (d)  may attend a proceeding held under an order made under subsection (1)
        and, if the Court determines there are exceptional circumstances, may
        address the Court on the proceeding personally or through a legal
        practitioner representing him or her.

(3) Notice in the form prescribed by the Rules of an order made under
subsection (1) must be served on the defendant and on the person to whom it
relates in accordance with the Rules.

(4) Section 134(1) applies to a person ordered to attend the Court under
subsection (1) as if the person had been summoned as a witness and had been
given or tendered any conduct money required to be given or tendered and as if
the order were a summons.

(4A) A person ordered to attend the Court under subsection (1) may be
represented on a proceeding held under the order by a legal practitioner and
may address the Court on the proceeding personally or through a legal
practitioner representing him or her.

(5) The evidence of a witness under this section must be-

   (a)  given by way of examination-in-chief and on oath; and



   (b)  recorded in the same manner as evidence at a committal proceeding.

(6) Nothing in this section excludes or limits the operation of any other law
as to the competency or compellability of a witness to give evidence.

(7) To avoid doubt, the Court may at any time set aside an order under
subsection (1), whether on its own motion or on the application of the
informant or the person sought to be examined.