Pre-hearing Conference (continued)
Pre-hearing Conference Resumed
12 (1) As soon as the presiding judge is informed that a parole eligibility report has been filed, the presiding judge shall notify the applicant and the Attorney General that the pre-hearing conference is being resumed and require their attendance at the pre-hearing conference unless both parties agree to waive the resumed pre-hearing conference.
(2) In setting the date for the resumption of a pre-hearing conference, the presiding judge shall allow for at least 30 days for the applicant and the Attorney General to study the parole eligibility report in respect of the applicant.
Cross-examination on Report
13 Where, at the pre-hearing conference, the applicant or the Attorney General disputes any part of the parole eligibility report in respect of the applicant, the applicant or the Attorney General may require the attendance of the author of that report at the pre-hearing conference for the purposes of cross-examination.
Presiding Judge to Decide in Case of Dispute
14 In the case of a dispute at the pre-hearing conference held in connection with an application, the presiding judge shall decide what parts of the parole eligibility report in respect of the applicant and what additional evidence, if any, are to be presented at the hearing of the application.
Hearing of Application
15 (1) The hearing of an application shall be conducted and the jury shall be empanelled in accordance with Part XX of the Act, with the modifications set out in subsection (2) and with such other modifications as the circumstances require.
(2) For the purposes of subsection (1), the applicant and the Attorney General are entitled to the same number of peremptory challenges as they would be entitled to if the applicant were being tried for the offence that is the subject of the application.
Powers of Presiding Judge
16 At the hearing of an application, the presiding judge may at any time make orders and give any directions that the presiding judge considers necessary for the due hearing and disposition of the application, including orders and directions respecting the sufficiency of the application and the extension or reduction of time periods.
17 At the hearing of an application, the presiding judge may, to the extent that the presiding judge considers necessary and desirable, admit as evidence a duly certified transcript of the proceedings at the trial and the sentencing of the applicant for the offence in respect of which the application is made.
Presentation of Evidence
18 At the hearing of an application, the applicant shall present evidence first and may, if the presiding judge so permits, present rebuttal evidence after the evidence of the Attorney General is presented.
Addressing the Jury
19 After the presentation of evidence at the hearing of an application, the applicant, followed by the Attorney General, shall address the jury and the applicant may reply after the address of the Attorney General to the jury.
20 The jury at the hearing of an application shall base its decision on the evidence presented to it at the hearing.
Coming into Force
22 These Rules come into force on the day on which they are registered.
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