Victorian Consolidated Legislation

Evidence Act 1958 - SECT 41E

Alternative arrangements for giving evidence in certain proceedings by child complainants or complainants with a cognitive impairment

41E. Alternative arrangements for giving evidence in certain proceedings by
child complainants or complainants with a cognitive impairment







(1) Subject to subsection (2), in a legal proceeding that relates (wholly or
partly) to a charge for a sexual offence, the court must direct that any of
the following arrangements be made for the giving of evidence by a child
complainant or a complainant with a cognitive impairment-

   (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 chosen by the witness and approved by the court
        for this purpose, to be beside the witness while he or she is giving
        evidence for the purpose of providing emotional support to him or her;

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

(2) The court must direct that the arrangement referred to in subsection
(1)(a) be made unless-

   (a)  the court is satisfied that the complainant-

   (i)  is aware of his or her right to give evidence in accordance with the
        arrangement referred to in subsection (1)(a); and

   (ii) is able and wishes to give evidence in the courtroom; and

   (b)  the court, on the application of the prosecution, determines not to
        direct that the arrangement referred to in subsection (1)(a) be made.

(3) The court must direct that any evidence given by a complainant in
accordance with the arrangement referred to in subsection (1)(a) is recorded.

(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.