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Clause 120

provides a discretion to the court to 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 earlier. If the court allows this application to be made, the accused and either the DPP or informant (as applicable) must jointly file another case direction notice at least 7 days before the next committal mention hearing or within any other period the court fixes. This case direction notice does not need to specify the procedure by which it is proposed that the matter be dealt with or indicate whether an adjournment of the committal mention hearing would assist the parties in determining how the matter should be dealt with (clause 119(b)). An application for leave to cross-examine witnesses does not need to be included in the first case direction notice because the parties may be discussing whether the case can be resolved or whether the prosecution should disclose other items. By permitting a late application for leave to cross-examine witnesses to be made, the accused does not lose an opportunity to cross-examine witnesses simply because, for instance, a case could not be resolved.