Text as at 1 July 2026

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198 Order for taking evidence from a witness before trial

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Explained inBill clause 198

(1)At any time except during trial, a party to a criminal proceeding may apply to the court for an order under this section that the evidence (including cross-examination and re-examination) of a person be taken at a time and place fixed by the court.

S. 198(1) amended by No. 48/2018 s. 30(1).

(2)An application may be made under subsection (1) only if—

S. 198(2)(a)(b) repealed by No. 48/2018 s. 30(2).

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(c)it is reasonably anticipated that the person will be unavailable to give evidence at the trial of the accused; or

(d)the parties agree that the evidence of the person should be taken before the trial of the accused; or

(e)for any other reason the court considers that it is appropriate that the evidence of the person should be taken before the trial of the accused.

(3)An application under subsection (1) must state the grounds on which an order is sought.

(4)The court must not make an order referred to in subsection (1) unless it is satisfied that it is in the interests of justice that the evidence of the witness be taken.

(5)An order referred to in subsection (1) may include a direction that the evidence of the person is to be given or recorded in a specified manner in accordance with the Evidence (Miscellaneous Provisions) Act 1958.

S. 198(5) amended by No. 69/2009 s. 54(Sch. Pt 2 item 18.1).

Part VI of the Evidence (Miscellaneous Provisions) Act 1958 provides for the recording of evidence.

Note to s. 198(5) amended by No. 69/2009 s. 54(Sch. Pt 2 item 18.2).