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provides that an accused who has been committed for trial may apply to the court for an order that the evidence of a person be taken at a time and place fixed by the court. The applicant must give notice of the application to the DPP and any co-accused at least 14 days before it is heard or any shorter period to which the DPP agrees. Clause 198 provides a power to examine a witness that overlaps with this clause. Clause 198 enables the County or Supreme Court to order that the evidence of a witness be taken where the witness was not available to be examined at a committal hearing or has subsequently made a further statement. The Bill does not provide a strict demarcation concerning the court in which the application should be made. However, as a matter of practice, the closer in time the matter is to the completion of the committal proceeding the more likely it is that an application should be made in the Magistrates' Court. Also, if the County or Supreme Court has commenced its case management processes for a case, an application should normally be made in that court. This clause is based on clause 24 of Schedule 5 to the Magistrates' Court Act 1989. It differs from Schedule 5 because it only applies to an application by the accused. Schedule 5 provides for an application to be made by the DPP. The primary purpose of this provision is to ensure disclosure of the prosecution case. The DPP does not use this existing power. Therefore, this clause has been limited to an application by the accused.