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CRIMES (SEXUAL OFFENCES) ACT 2006 (NO 2 OF 2006) - SECT 40 New Part 3A of Schedule 5 inserted

CRIMES (SEXUAL OFFENCES) ACT 2006 (NO 2 OF 2006) - SECT 40

New Part 3A of Schedule 5 inserted

After Part 3 of Schedule 5 to the Magistrates' Court Act 1989 insert

"PART 3A—TIME LIMIT APPLICABLE TO CERTAIN COMMITTAL PROCEEDINGS

        10A.     Time limit applicable to certain committal proceedings

    (1)     This clause applies to a committal proceeding for a sexual offence if—

        (a)     the complainant is a child or a person with a cognitive impairment; and

        (b)     a witness, other than the complainant, is to be cross-examined in the proceeding.

    (2)     The Court must determine a committal proceeding within the period of 60 days after the committal mention date or the final committal mention date if more than one committal mention hearing is held.

    (3)     The Court may fix a longer or shorter period for the determination of a committal proceeding but cannot do so unless the Court is satisfied that, having regard to all the circumstances of the case including the seriousness of the offence and the overall interests of justice, another period should be fixed because of the existence of exceptional circumstances or another good and sufficient reason.

    (4)     Sub-clause (2) does not apply—

        (a)     if the defendant has failed to appear in accordance with the conditions of his or her bail; or

        (b)     if a warrant to arrest the defendant has been issued and at the end of the relevant period referred to in clause 4(2) from the commencement of the proceeding for the offence the defendant has not been arrested; or

        (c)     if the defendant requests that the committal proceeding be determined after the period referred to in sub-clause (2) and the Court is satisfied that in the interests of justice the request should be granted.

    (5)     If a committal proceeding has not been determined before the expiry of the period referred to in sub-clause (2), or any other period fixed under sub-clause (3), the Court may, on the application of the defendant, order the defendant to be discharged.".