THE HEARING OF THE APPLICATION
10. (1) The hearing of the application shall be conducted and the jury shall be empanelled in accordance with Part XX of the Act, with the modification set out in subrule (2) and any other modifications that the circumstances require.
(2) At the hearing of the application, 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.
(3) Before either party presents evidence, the parole eligibility report shall be marked as a court exhibit and distributed to the jury.
(4) Where the presiding judge orders that the author of the parole eligibility report be called as a witness at the hearing of the application, the author
(a) is subject to cross-examination by any party; and
(b) is deemed not to be a witness of any party.
(5) The presiding judge may at any time during the hearing of the application make any orders and give any directions that the presiding judge considers necessary for the due hearing and disposition of the application.
(6) At the hearing of the application, a duly certified transcript of the proceedings at the trial and the sentencing of the applicant for the offence that is the subject of the application is admissible as evidence.
(7) At the hearing of the 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.
(8) After the evidence has been presented at the hearing of the application, the applicant, followed by the Attorney General, shall address the jury, and the applicant may reply after the Attorney General has addressed the jury, if the presiding judge so permits.
Return to footnote 1SOR/90-74
COMING INTO FORCE
12. These Rules come into force on the day on which they are registered.
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