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EVIDENCE (CHILDREN) ACT 1997 - SECT 24 Children have a right to alternative arrangements for giving evidence when closed-circuit television facilities not available

This legislation has been repealed.

EVIDENCE (CHILDREN) ACT 1997 - SECT 24

Children have a right to alternative arrangements for giving evidence when closed-circuit television facilities not available

24 Children have a right to alternative arrangements for giving evidence when closed-circuit television facilities not available

(cf Crimes Act s 405F)

(1) This section applies to any proceeding in which a child is entitled or permitted to give evidence by means of closed-circuit television facilities or other similar technology (by virtue of section 18 or an order made under section 19) but does not do so because:
(a) such facilities and such technology are not available (and the court does not move the proceeding under section 22), or
(b) the child chooses not to give evidence by those means, or
(c) the court orders that the child may not give evidence by those means (or, in the case of a child to whom section 19 applies, the court does not order that the child may give evidence by those means).
(2) In such a proceeding, the court must make alternative arrangements for the giving of evidence by the child, in order to restrict contact (including visual contact) between the child and any other person or persons.
(3) Those alternative arrangements may include any of the following:
(a) the use of screens,
(b) planned seating arrangements for people who have an interest in the proceeding (including the level at which they are seated and the people in the child's line of vision),
(c) the adjournment of the proceeding or any part of the proceeding to other premises.
(4) A child may choose not to use any such alternative arrangements. In that case, the court must direct that the child be permitted to give evidence orally in the courtroom.
(5) Any premises to which a proceeding is adjourned under this section are taken to be part of the court in which the proceeding is being heard.