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Act index » Chapter 4 - Committal proceeding » Part 4.3 - Compulsory examination
106 Compulsory examination hearing
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(1)A person ordered under section 104(1) to attend the Magistrates' Court for a compulsory examination hearing—
(a)may be represented at the hearing by a legal practitioner; and
S. 106(2)(a) amended by No. 6/2018 s. 68(Sch. 2 item 38.1).
(b)may address the court personally or through the legal practitioner.
(2)The evidence of a witness at a compulsory examination hearing must be—
(a)sworn or affirmed and given by way of examination-in-chief; and
(b)recorded in the same manner as evidence at a committal hearing.
(3)The accused may attend a compulsory examination hearing.
(4)At a compulsory examination hearing, if the Magistrates' Court determines that there are exceptional circumstances, the accused may address the court personally or through a legal practitioner representing the accused but may not cross-examine a witness.
(5)Nothing in this section excludes or limits the operation of any other law as to the competence or compellability of a witness to give evidence.