Notices relating to committal proceedings
112 Notices relating to committal proceedings
A defendant charged with an indictable offence may file in the
Magistrates Court, and give to the prosecution, a notice indicating that the defendant intends to assert that there is no case to answer on the charge in committal proceedings conducted in accordance with section 114.
A defendant charged with an indictable offence may file in the
Magistrates Court, and give to the prosecution, a notice requesting the oral examination of a witness or witnesses in committal proceedings conducted in accordance with section 114.
A notice under this section must—
be filed in the Court and given to the prosecution before the date appointed for the answer charge hearing; and
in the case of a notice under subsection (1)—specify why the defendant asserts that there is no case to answer; and
in the case of a notice under subsection (2)—specify which witness or witnesses and why the defendant asserts there are special reasons for the oral examination; and
comply with any other requirements prescribed by the regulations.
If a notice under this section is given to the prosecution less than 2 weeks before the date appointed for the answer charge hearing, the
Magistrates Court must, at the request of the prosecution, adjourn the answer charge hearing for a period of up to 2 weeks (or such longer period as the Court thinks fit) to allow the prosecution time to consider the notice and properly prepare for the answer charge hearing.
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