CRIMES ACT 1914

Part IAE - Video link evidence in proceedings for terrorism and related offences etc.  

SECTION 15YV   When court may take evidence by video link  

(1)   Application by prosecutor.  

In a proceeding, the court must:


(a) direct; or


(b) by order, allow;

a witness to give evidence by video link if:


(c) both:


(i) the prosecutor applies for the direction or order; and

(ii) the court is satisfied that the prosecutor gave the court reasonable notice of his or her intention to make the application; and


(d) the witness is not a defendant in the proceeding; and


(e) the witness is available, or will reasonably be available, to give evidence by video link; and


(f) the facilities required by section 15YY are available or can reasonably be made available;

unless the court is satisfied that giving the direction or making the order would have a substantial adverse effect on the right of a defendant in the proceeding to receive a fair hearing.

(2)   Application by defendant.  

In a proceeding, the court must:


(a) direct; or


(b) by order, allow;

a witness to give evidence by video link if:


(c) both:


(i) a defendant in the proceeding applies for the direction or order; and

(ii) the court is satisfied that the defendant gave the court reasonable notice of his or her intention to make the application; and


(d) the witness is not a defendant in the proceeding; and


(e) the witness is available, or will reasonably be available, to give evidence by video link; and


(f) the facilities required by section 15YY are available or can reasonably be made available;

unless the court is satisfied that it would be inconsistent with the interests of justice for the evidence to be given by video link.

(3)  
(Repealed by No 75 of 2018)



 

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