EVIDENCE ACT 1977 - SECT 21AAA
Exclusion of particular persons while particular evidence is presented
EVIDENCE ACT 1977 - SECT 21AAA
Exclusion of particular persons while particular evidence is presented
21AAA Exclusion of particular persons while particular evidence is presented
(1) This section applies if the evidence of a special witness contained in any
of the following is to be presented at a proceeding—
(a) a videorecording
made under section 21A, or a lawfully edited copy of the videorecording;
(b)
the usable soundtrack of a videorecording, or a lawfully edited copy of a
videorecording, mentioned in paragraph (a) , or a lawfully edited copy of the
usable soundtrack;
Note—
See part 2 , division 4AA in relation to the use
of soundtracks from particular recordings.
(c) a statement that, under
section 93A, is admissible as evidence in the proceeding;
(2) The court may, on its own
initiative or on an application made by a party to the proceeding, order that,
while the evidence is being presented at the proceeding, all persons other
than those specified by the court be excluded from the room in which it is
sitting.
Note—
See also section 21A(8) for the instructions that must be
given to a jury if an order is made under this subsection.
(3) However, if
the evidence is to be presented at a criminal proceeding, the court may not,
under subsection (2) , exclude the person charged.
Notes—
1 See
section 21A(2) (a) and (b) , (4) and (5) in relation to the court’s power
to exclude particular persons while a special witness is giving evidence under
that section.
2 See the Child Protection Act 1999, section 193 for
restrictions on disclosing identifying information about a special witness who
is a child.
