This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
provides a discretion to the court, after an accused has been committed for trial, to order that the evidence of a person be taken. Subclause (2) provides that the court cannot make an order under this clause in respect of certain persons (e.g. where a witness was examined at the committal hearing or made a statement that formed part of the evidentiary material on which the accused was committed for trial) unless the person subsequently makes a statement or supplementary statement which has been attested. Before it makes an order, the court must be satisfied, in relation to the statement or supplementary statement of a person, that—
there is an issue to which the proposed evidence relates;
there is a reason why the evidence is relevant to that issue; and
taking evidence from the person is justified.
In determining whether taking evidence from the person is justified, the court is required to have regard to the matters listed in clause 124(4) (except for paragraph (c)) and 124(5). Clause 124 sets out the matters the court must consider in determining whether cross-examination is justified. This also includes special considerations where a witness is under 18 years of age. Paragraph (c) of clause 124(4) is not relevant because it concerns the test to be considered when determining whether an accused should be committed for trial. As the accused has already been committed for trial, this consideration is irrelevant.