Courts and proceedings to which Act applies
4 Courts and proceedings to which Act applies
This Act applies to all proceedings in an ACT court, including proceedings that—
relate to bail; or
are interlocutory proceedings or proceedings of a similar kind; or
are heard in chambers; or
subject to subsection (2), relate to sentencing.
If a proceeding relates to sentencing—
this Act applies only if the court directs that the law of evidence applies in the proceeding; and
if the court states in the direction that the law of evidence applies only in relation to stated matters—the direction has effect accordingly.
The court must make a direction under this section if—
a party to the proceeding applies for the direction in relation to the proof of a fact; and
in the court’s opinion, the proceeding involves proof of the fact, and the fact is or will be significant in deciding a sentence to be imposed in the proceeding.
The court must make a direction under this section if the court considers it appropriate in the interests of justice.
Note This section differs from the Commonwealth Act, s 4.
This Act’s bill:Explanatory statementSecond reading speech
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