New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 82

82 Magistrate may direct witness to attend

(1) The Magistrate may, on the application of the prosecutor or the accused person, direct the attendance at the committal proceedings of a person whose evidence is referred to in the brief of evidence provided under Division 3 or who has been referred to in other material provided by the prosecution to the accused person.

(2) The Magistrate may hold a hearing to determine an application under this section and may require the prosecutor or the accused person to make submissions in relation to the application.

(3) An application may be made only after the charge certificate has been filed in the committal proceedings.

(4) The Magistrate must give the direction if an application is made by the accused person or the prosecutor and the other party consents to the direction being given.

(5) In the case of any other application, the Magistrate may give a direction only if satisfied that there are substantial reasons why, in the interests of justice, the witness should attend to give oral evidence. The regulations may make provision for or with respect to the determination of substantial reasons under this subsection.

(6) For the purposes of determining whether to give a direction, the Magistrate may consider any material (whether or not it is in a form required for the material to be admissible as evidence).

(7) A direction may be withdrawn only--

(a) on the application, or with the consent, of the accused person, or

(b) on the application of the prosecutor, if the accused person fails to appear on a day at which a person has been directed to appear to give evidence.