EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991 - SECT 70 Consequential orders—div 4.3.5

EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991 - SECT 70

    (1)     This section applies if a witness is to give evidence in a relevant proceeding by audiovisual link.

    (2)     The court may make any order it considers appropriate––

        (a)     to ensure that the relevant proceeding is conducted fairly; or

        (b)     to allow the witness to identify a person or thing; or

        (c)     to allow the witness to take part in a view or to watch a demonstration or experiment; or

        (d)     to allow part of the proceeding to be heard at an external place.

    (3)     The court may make any other order it considers appropriate, including, for example, an order stating––

        (a)     who may be with the witness at the external place; or

        (b)     who must not be with the witness at the external place; or

        (c)     who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the witness and people in the external place with the witness; or

        (d)     who, in the courtroom, is to be able to see and hear the witness and anyone else in the external place with the witness; or

        (e)     how the audiovisual link is to operate.

    (4)     The court may order that a person be excluded from the external place while the witness is giving evidence.

    (5)     The court may direct that an order under this section apply only to a particular part of the relevant proceeding.