Committal with Oral Evidence
Witnesses can only be called by the prosecution (where they haven't tendered a written statement), or with the consent of the prosecution the defence can call witnesses for cross examination (s 110A(5) Justices Act 1886 (Qld)) or by order of Magistrate (s 83A(5AA) Justices Act 1886 (Qld) - under that section a Magistrate may make a direction requiring the prosecution to call the maker of a written statement to (a) attend before the court as a witness to give oral evidence; or (b) for cross examination on the written statement.) The Magistrate must only make such a direction if they are satisfied that there are substantial reasons why, in the interests of justice, the maker should attend: s 110B Justices Act 1886 (Qld).
Substantial Reasons:
Remember that the purpose of the legislation is to avoid delays in the criminal process. As such the onus is on the defence to satisfy the Court that the order should be made. The defence must show reasons of substance to allow cross examination and those reasons must have substance in the context of committal proceedings. Each case depends on its own facts (the categories are not closed) but substantial reasons may arise where the cross examination may result in discharge, is likely to undermine substantially the credit of a significant witness or may give rise to a discretion/determination to reject evidence at trial.
See: Sim v Magistrate Corbette & Anor [2006] NSWSC 665.
Content of Cross-Examination
If cross-examination has been permitted, it must be restricted to issues relevant to the reasons given by the Magistrate for requiring the presence of the witness (s 110C Justices Act 1886 (Qld)).
Substantial Reasons:
Remember that the purpose of the legislation is to avoid delays in the criminal process. As such the onus is on the defence to satisfy the Court that the order should be made. The defence must show reasons of substance to allow cross examination and those reasons must have substance in the context of committal proceedings. Each case depends on its own facts (the categories are not closed) but substantial reasons may arise where the cross examination may result in discharge, is likely to undermine substantially the credit of a significant witness or may give rise to a discretion/determination to reject evidence at trial.
See: Sim v Magistrate Corbette & Anor [2006] NSWSC 665.
Content of Cross-Examination
If cross-examination has been permitted, it must be restricted to issues relevant to the reasons given by the Magistrate for requiring the presence of the witness (s 110C Justices Act 1886 (Qld)).