Forensic proceedings—application not served in time
4808 Forensic proceedings—application not served in time
This rule applies if—
either—
an application under rule 4804 is served on a suspect; or
an application under rule 4807 is served on a serious offender or prescribed offender; but
the application is not served at least 7 days before the return date for the application.
Return date, for an application, is defined in the dictionary.
The court may only hear and decide the application on the return date if the court considers it just to hear and decide the application on that date and—
the court is satisfied that the suspect, serious offender or prescribed offender will suffer no significant prejudice if it hears and decides the application on the return date; or
the suspect, serious offender or prescribed offender agrees to the court hearing and deciding the application on the return date.
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