Text as at 1 July 2026

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100 Hearings in a committal proceeding and attendance of accused

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Explained inBill clause 100

(1)The hearings that may be held in a committal proceeding are—

(a)a filing hearing;

(b)a special mention hearing;

(c)a compulsory examination hearing;

(d)a committal mention hearing;

(e)a committal case conference;

(f)subject to subsection (1A), a committal hearing.

S. 100(1)(f) amended by No. 48/2018 s. 21(1).

(1A)A committal hearing is not to be held in—

S. 100(1A) inserted by No. 48/2018 s. 21(2), substituted by No. 5/2025 s. 24.

(a)a committal proceeding to which section 123 applies; or

Section 123(1) specifies proceedings in which the Magistrates' Court must not grant leave to cross-examine any witness.

(b)a committal proceeding in which Part 4.6A requires the Magistrates' Court to commit the accused for trial in the Supreme Court.

Section 125(1)(a) provides for the Magistrates' Court to determine a committal proceeding in accordance with Part 4.6A at a committal mention hearing.

(2)An accused must attend all hearings in the committal proceeding against the accused unless excused under—

(a)section 135, in the case of a committal hearing; or

(b)section 330, in any other case.