Victorian Consolidated Legislation

Evidence Act 1958 - SECT 37C

Alternative arrangements for giving evidence in certain proceedings

37C. Alternative arrangements for giving evidence in certain proceedings







(1) This section does not apply to a witness who is a complainant in relation
to a charge for a sexual offence.

Notes 1. Section 37CAA provides for alternative arrangements for the giving of
evidence by a complainant (other than a complainant who is a child or a person
with a cognitive impairment) in legal proceedings that relate to a charge for
a sexual offence. 2. Section 41E provides for alternative arrangements for the
giving of evidence by a complainant who is a child or a person with a
cognitive impairment in legal proceedings that relate to a charge for a sexual
offence.

(2) The court may, of its own motion or on the application of a party to a
legal proceeding, direct that alternative arrangements be made for the giving
of evidence by a witness if-

   (a)  the proceeding relates (wholly or partly) to a charge for-

   (i)  a sexual offence; or

   (ii) an offence where the conduct constituting the offence consists wholly
        or partly of taking part, or attempting to take part, in an act of
        sexual penetration as defined in section 35 of the Crimes Act 1958; or

   (iii) an offence under Subdivision (8EAA) of Division 1 of Part I of the
        Crimes Act 1958; or





   (b)  the proceeding relates (wholly or partly) to a charge for an offence
        where the conduct constituting the offence consists of family violence
        within the meaning of the Family Violence Protection Act 2008.





(3) Without limiting subsection (2), any of the following alternative
arrangements may be directed to be made-

   (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 defendant from the witness' direct line of
        vision;

   (c)  permitting a person to be beside the witness while he or she is giving
        evidence for the purpose of providing emotional support to him or her;

   (d)  requiring legal practitioners not to robe;





   (e)  requiring legal practitioners to be seated while examining or
        cross-examining the witness;



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

(4) If a court directs that alternative arrangements be made for the giving of
evidence by a witness, the judge must warn the jury not to draw any inference
adverse to the defendant or give the evidence any greater or lesser weight
because of the making of those arrangements.

(5) Any place outside the courtroom where a witness is permitted to give
evidence under this section is to be taken to be part of the courtroom while
the witness is there for the purpose of giving evidence.

(6) The court may at any time in the course of the proceeding vary or revoke a
direction made under this section either of its own motion or on the
application of a party to the proceeding.