EVIDENCE ACT 1929 - SECT 13C

EVIDENCE ACT 1929 - SECT 13C

13C—Court's power to make audio visual record of evidence of vulnerable witnesses in criminal proceedings

        (1)         If a vulnerable witness is to give evidence in criminal proceedings, the following provisions apply:

            (a)         in the case of a vulnerable witness who is the alleged victim of a child sexual offence—the court must order that an audio visual record be made of the witness's evidence before the court (unless an order has already been made in respect of the witness's evidence under section 12AB(2)(a) or  13A(2)(b));

            (b)         in the case of any other vulnerable witness—the court may, on application by the prosecution, order that an audio visual record be made of the witness's evidence before the court if—

                  (i)         the facilities necessary for making an audio visual record of the evidence are readily available to the court; and

                  (ii)         it is otherwise practicable to make such a record.

        (2)         Subject to subsection (3), an audio visual record of evidence (whether made by order under this section, section 12AB(2)(a) or  13A(2)(b)) is to be kept in the custody of the court.

        (2a)         Rules of court may be made regulating access to, and responsibility for, an audio visual record in the custody of the court.

        (3)         The court (or a superior court) may authorise a person to take custody of the audio visual record of evidence, or to have some other form of access to it, if satisfied that the custody or access is reasonably necessary for the purposes of related proceedings that have been commenced or are in contemplation.

        (4)         Despite any other law, access to an audio visual record of evidence is not to be allowed except as provided by this section.