Pre-trial orders as to admissibility of evidence: jury trial procedure

101 Pre-trial order relating to admissibility of evidence: jury trial


This section applies if—


the prosecutor or the defendant wishes to adduce any particular evidence at a jury trial; and


he or she believes that the admissibility of that evidence may be challenged.


The prosecutor or the defendant may apply to the court for a pre-trial order to the effect that the evidence is admissible.


An application under subsection (2) must be made by the time prescribed by rules of court.


The court must give each party an opportunity to be heard in respect of the application before deciding whether or not to make the order.


The court may make an order under this section on any terms and subject to any conditions that the court thinks fit.


Nothing in this section nor in any order made under this section affects—


the right of the prosecutor or the defendant to seek to adduce evidence that he or she claims is admissible during the trial; or


the discretion of the court at the trial to allow or exclude any evidence in accordance with any rule of law.


If the evidence has been obtained under an order made, or a warrant issued, by the High Court, the application must be made to the High Court.

Compare: 1961 No 43 s 344A