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RULE 7Applications for a Reduction in the Number of Years of Imprisonment Without Eligibility for Parole (continued)

Parole Eligibility Report (continued)

 Where the applicant or the Attorney General disputes any part of the parole eligibility report, the applicant or the Attorney General may require the attendance of the author of that report at the preliminary hearing for the purposes of cross-examination.

 In the case of a dispute at a preliminary hearing, the 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

  •  (a) The hearing of an application shall be conducted and the jury shall be empanelled in accordance with Part XX of the Code, with the modification set in out subrule (b) and any other modifications that the circumstances require.

  • (b) For the purposes of subrule (a), 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.

 The judge may at any time make any orders and give any directions that the judge considers necessary for the due hearing and disposition of an application, including orders and directions respecting the sufficiency of an application and the extension or reduction of time periods.

 At the hearing of an application, the judge may, to the extent that the 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.

 At the hearing of an application, the applicant shall present evidence first and may, if the judge so permits, present rebuttal evidence after the evidence of the Attorney General is presented.

 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.

 The jury at the hearing of an application shall base its decision on the evidence presented to it at the hearing.

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