Section 130 of the Criminal Procedure Act 1986 (NSW) does not preclude the District Court from exercising jurisdiction in criminal proceedings prior to arraignment; the Court has power to issue subpoenas no later than the time at which an indictment is filed. The consequences of issuing a subpoena for sexual assault counselling communications without the leave required by s 298(1) remain unresolved. For s 78B notices, the court must be satisfied that a real and substantial constitutional issue is sought in good faith, and counsel must identify the point with precision at an early stage.
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