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s 93

Notice of evidence of dangerously ill person

In force
Chapter 6Evidence in criminal proceedings—dangerously ill people

93 Notice of evidence of dangerously ill person

(1)

Before taking the evidence of the dangerously ill person, the court must give a notice that the court proposes to take the evidence and of the time and place where it will be taken—

(a)

to the person charged or who may be charged; and

(b)

if the evidence is evidence on behalf of the person charged and it is practicable to do so—to the DPP or a person authorised by the DPP.

(2)

A person given a notice under subsection (1) (the notified person) may—

(a)

be present while the evidence is being taken; and

(b)

cross-examine the person giving the evidence.

(3)

However, subsection (2) does not apply if this Act or another territory law prohibits the notified person from doing a thing mentioned in the subsection.

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