Victorian Current Acts

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Late application for leave to cross-examine witness

    (1)     The Magistrates' Court may 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 before the expiry of the period.

Note to s. 120(1) inserted by No. 48/2018 s. 23.


Section 123 provides that there is to be no cross-examination in certain sexual offence cases.

S. 120(2) amended by No. 68/2009 s. 49(g).

    (2)     If the Magistrates' Court allows an accused to apply for leave to cross-examine a witness in the circumstances referred to in subsection (1), the accused and the DPP or, if the DPP is not conducting the committal proceeding, the informant must jointly file with the registrar another case direction notice—

        (a)     at least 7 days before the next committal mention hearing; or

        (b)     within any other period that is fixed by the court.

    (3)     Section 119(b) does not apply to a case direction notice required to be filed under subsection (2).

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