Victorian Consolidated Regulations

SUPREME COURT (CRIMINAL PROCEDURE) RULES 2008 - SECT 2.32.

Examination other than by court

2.32. Examination other than by court



(1) If the Court of Appeal orders the examination of a witness to be conducted
otherwise than by the Court, the order shall specify the person appointed as
examiner and the witnesses to be examined.

(2) The Registrar shall give the examiner any documents, exhibits and other
material relating to the appeal which the examiner requests.

(3) The examiner shall appoint the day, time and place for the examination and
shall request the Registrar to give notice in Form 6-2N to-

   (a)  the appellant;

   (b)  the respondent;

   (c)  their solicitors; and

   (d)  if the appellant is in custody, the governor of the prison.

(4) Every notice sent by the Registrar under paragraph (3) shall be taken to
be an order of the Court.

(5) The examiner shall administer the oath before taking evidence from any
witness except where the witness would not need to be sworn if giving evidence
on a trial on indictment.

(6) Unless the Court otherwise orders, any examination under this Rule shall
be in private and depositions shall be taken.

(7) After an examination is completed the examiner shall send or cause to be
sent to the Registrar the depositions and all documents, exhibits and other
material provided by the Registrar.

(8) The appellant and respondent and their legal representatives shall be
entitled to be present and to take part in the examination.

(9) A police officer, if of opinion that it is necessary, may pay travelling
expenses to a witness upon whom the police officer serves an order to appear
before the Court of Appeal or a notice to attend before an examiner.

(10) Travelling expenses paid by a police officer shall be certified by the
officer to the Registrar who shall certify the sum paid as part of the
expenses of the prosecution.

(11) Any order or notice required by this Rule to be served shall be served
personally unless the Court otherwise orders.