CRIMINAL PROCEDURE ACT 2009 - SECT 360 Alternative arrangements for giving evidence

CRIMINAL PROCEDURE ACT 2009 - SECT 360

The court may direct that alternative arrangements be made for the giving of evidence by a witness, including arrangements—

        (a)     permitting the evidence to be given from a place other than the courtroom by means of closed-circuit television or other facilities that enable communication between that place and the courtroom;

        (b)     using screens to remove the accused from the direct line of vision of the witness;

        (c)     permitting a person, chosen by the witness and approved by the court for this purpose, to be beside the witness while the witness is giving evidence, for the purpose of providing emotional support to the witness;

        (d)     permitting only persons specified by the court to be present while the witness is giving evidence;

        (e)     requiring legal practitioners not to robe;

        (f)     requiring legal practitioners to be seated while examining or cross-examining the witness.

Notes

1     Section 337(1) enables this direction to be made by the court on the application of a party or on its own motion.

2     Section 337(2) provides that this direction may be varied or revoked.

New s. 361 inserted by No. 68/2009 s. 50, amended by No. 30/2010 s. 67, repealed by No. 37/2017 s. 13(1).

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New s. 362 inserted by No. 68/2009 s. 50.