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Act index » Chapter 4 - Committal proceeding » Part 4.5 - Case direction
120 Late application for leave to cross-examine witness
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(1)The Magistrates' Court may permit an accused to apply for leave to cross-examine a witness after the expiry of the period for filing a case direction notice if the court is satisfied that it is in the interests of justice to do so, having regard to the reason why the application was not made before the expiry of the period.
1See section 123(1) for certain proceedings in which the Magistrates' Court must not grant leave to cross-examine any witness.
Note to s. 120(1) inserted by No. 48/2018 s. 23, substituted as Notes by No. 5/2025 s. 26.
2If Part 4.6A requires the Magistrates' Court to commit the accused for trial in the Supreme Court, there is to be no committal hearing at which cross-examination could occur—see section 100(1A)(b).
(2)If the Magistrates' Court allows an accused to apply for leave to cross-examine a witness in the circumstances referred to in subsection (1), the accused and the DPP or, if the DPP is not conducting the committal proceeding, the informant must jointly file with the registrar another case direction notice—