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Clause 150 Determination of application

(1)Subject to this section, after an accused has been committed for trial the Magistrates' Court may order that the evidence of a person be taken at a time and place fixed by the court.

(2)The Magistrates' Court must not make an order under subsection (1) in respect of a person who— unless the person subsequently makes a statement or a supplementary statement the truthfulness of which has been attested to.

(a)was examined as a witness at the committal hearing; or

(b)made a statement the contents of which were admitted as a record of evidence in the committal proceeding under section 139(1)(a); or

(c)gave evidence-in-chief in accordance with section 37B of the Evidence Act 1958 and the contents of the recording were admitted as a record of evidence in the committal proceeding under section 139(1)(c)—

(3)The Magistrates' Court must not make an order under subsection (1) unless it is satisfied that in relation to the statement or supplementary statement of the person—

(a)there is an issue to which the evidence proposed to be taken relates; and

(b)there is a reason as to why the evidence of the person is relevant to that issue; and

(c)taking of evidence from the person is justified.

(4)In determining whether the taking of evidence from the person is justified, the Magistrates' Court must have regard to the matters referred to in section 124(4) (other than paragraph (c)) and 124(5).