EVIDENCE ACT 1977 - SECT 21AQ
Audio visual links or screening arrangements must be used
EVIDENCE ACT 1977 - SECT 21AQ
Audio visual links or screening arrangements must be used
21AQ Audio visual links or screening arrangements must be used
(1) This section—
(a) applies subject to any order under section 21AR; and
(b) has effect despite the Criminal Code , section 617 .
(2) If there is an
audio visual link within the court precincts, the judicial officer presiding
at the proceeding for the giving of evidence by the affected child must direct
that—
(a) the child give evidence outside the courtroom and the evidence be
transmitted to the courtroom by means of the audio visual link; or
(b) while
the child is giving evidence, the defendant be held in a room apart from the
courtroom and the evidence be transmitted to that room by means of the audio
visual link.
(3) It is not necessary that the place outside the courtroom at
which the child gives evidence under subsection (2) (a) be within the court
precincts.
(4) If a direction is given under subsection (2) (a) or (b) and
the audio visual link enables videorecording, the child’s evidence must be
videorecorded.
(5) If a direction can not be given under subsection (2) (a)
or (b) , a screen, one-way glass or other thing must be so placed in relation
to the child while he or she is giving evidence that the child can not see the
defendant.
(6) A videorecording of the child’s evidence made under this
section, or a lawfully edited copy of the videorecording, is, unless the
relevant court otherwise orders, admissible in—
(a) any rehearing or retrial
of, or appeal from, the proceeding; or
(b) another proceeding in the same
court for the relevant charge or for another charge arising out of the same,
or the same set of, circumstances; or
(c) a civil proceeding arising from the
commission of the relevant offence.
(7) A reference in subsection (6) to a
videorecording made under this section includes a reference to a copy of the
videorecording on a separate data storage medium if—
(a) the videorecording
is a digital recording; and
(b) the copy of the videorecording on the
separate data storage medium has been made by—
