Text as at 1 July 2026
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125 Committal mention hearing

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Explained inBill clause 125
(1)At a committal mention hearing, the Magistrates' Court may—
(a)determine the committal proceeding in accordance with section 127B, 127C, 127E, 141, 142 or 143;
S. 125(1)(a) amended by Nos 68/2009 s. 13, 5/2025 s. 28(1).
(b)offer a summary hearing or determine an application for a summary hearing in accordance with section 30;
(c)subject to subsection (1A), hear and determine an application for leave to cross-examine a witness;
S. 125(1)(c) amended by No. 48/2018 s. 26(1).
(d)subject to subsection (1A), fix a date for a committal hearing;
S. 125(1)(d) amended by No. 48/2018 s. 26(2).
(e)hear and determine any objection to disclosure of material;
(f)fix another date for a committal mention hearing;
(fa)hold a committal case conference under section 127;
S. 125(1)(fa) inserted by No. 5/2025 s. 33.
(g)make any other order or give any direction that the court considers appropriate.
(1A)Subsection (1)(c) and (d) do not apply to—
S. 125(1A) inserted by No. 48/2018 s. 26(3), substituted by No. 5/2025 s. 28(2).
(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.
If Part 4.6A requires the Magistrates' Court to commit the accused for trial in the Supreme Court, there is to be no committal hearing—see section 100(1A)(b).
(2)In considering whether to fix another date for a committal mention hearing to enable the accused to obtain legal representation, the Magistrates' Court must have regard to whether the accused has made reasonable attempts to obtain legal representation.
(3)In determining any objection to the disclosure of material on the ground referred to in section 45(1)(g), the Magistrates' Court, having regard to whether the accused is legally represented, may order, on any conditions specified by it, that the disclosure be made to—
S. 125(3) inserted by No. 42/2015 s. 19.
(a)the accused's legal practitioner (but not the accused personally); or
(b)the accused personally.