New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - SECT 50A

50A Procedures for remitting cases from one court to another

(1) A court that under this Act remits proceedings to another court--

(a) may, subject to the Bail Act 2013 , commit the defendant to custody until the defendant can appear or be brought before the other court, and

(b) shall cause to be sent to the registrar of the other court or other proper officer all documents and depositions held by the firstmentioned court in relation to the proceedings.

(2) The deposition of any witness called and examined before a court that remits proceedings to another court may be accepted as evidence for the accused or the prosecution by the other court if the other party consents to its being so accepted or if it is proved on oath--

(a) that the witness is dead, or so ill as to be unable to travel, or cannot, after such search or for such reason as to the other court seems sufficient, be produced by the party tendering the deposition, and

(b) that--

(i) in the case of a deposition taken down in writing--the deposition was taken in the presence of the other party, or

(ii) in the case of a deposition that is in the form of a transcript of the record made, by a means other than writing, of the evidence of the witness--the record so made is a true record of that evidence, and was made in the presence of the other party, and the transcript is a correct transcript of the record so made, and

(c) that the other party, or the other party's Australian legal practitioner, has had full opportunity to examine the witness.