An Act to amend various Acts with respect to courts, court procedures, judicial officers and related matters; and for other purposes.
This Act is the Courts Legislation Amendment Act 2001.
This Act commences on a day or days to be appointed by proclamation.
The Acts specified in Schedules 1–8 are amended as set out in those Schedules.
(Section 3)
Omit section 2 (a). Insert instead:
where, after the commencement of a trial in the proceedings, a defendant is acquitted or discharged in relation to the offence concerned, or
Insert after section 2:
For the avoidance of doubt, a certificate may be granted in accordance with subsection (1) (a) following an acquittal or discharge of a defendant at any time during a trial, whether a hearing on the merits of the proceedings has occurred or not.
In this section,
Omit section 3A (1). Insert instead:
For the purpose of determining whether or not to grant a certificate under section 2 in relation to any proceedings, the reference in section 3 (1) (a) to
(a) the relevant facts established in the proceedings, and
(b) any relevant facts that the defendant has, on the application for the certificate, established to the satisfaction of the Court or Judge or Justice or Justices, and
(c) any relevant facts that the prosecutor, or in the absence of the prosecutor, any person authorised to represent the Minister on the application, has established to the satisfaction of the Court or Judge or Justice or Justices that:
(i) relate to evidence that was in the possession of the prosecutor at the time that the decision to institute proceedings was made, and
(ii) were not adduced in the proceedings.
Insert after section 3A (2):
If, in response to an application for a certificate under section 2 in relation to any proceedings, the prosecutor or, in the absence of the prosecutor, any person authorised to represent the Minister on the application adduces evidence to establish further relevant facts that were not established in those proceedings, the Court or Judge or Justice or Justices to which or to whom the application is made may:
(a) order that leave be given to the defendant to comment on the evidence of those relevant facts, and
(b) if the Court or Judge or Justice or Justices think it desirable to do so after taking into consideration any of those comments, order that leave be given to the defendant to examine any witness giving evidence for the prosecutor or that authorised…