For the purposes of section 797(3), a judge conducting a sufficiency hearing shall-
(a) in the presence of the defendant and his or her Counsel, if any, and a prosecuting counsel, review and evaluate the witness statements of the prosecution and any witness statements that the defendant has chosen to provide;
(b) hear submissions from the defendant or his or her Counsel and prosecuting counsel if such submissions are made.
(Substituted by Act 11 of 2008)