EVIDENCE ACT 1906 - SECT 106N

EVIDENCE ACT 1906 - SECT 106N

106N .         Video links or screening arrangements may be used

        (1)         This section —

            (a)         applies only to a Schedule 7 proceeding, but subject to any order under section 106O; and

            (b)         is to operate only to the extent that the giving of evidence by the affected child is not provided for by an order under section 106K; and

            (c)         has effect notwithstanding section 88 of the Criminal Procedure Act 2004 .

        (2)         Where the necessary facilities and equipment are available one of the following arrangements is to be made by the judge for the giving of evidence by the affected child —

            (a)         he or she is to give evidence at a place, other than the courtroom, that is approved by the court, and the evidence is to be transmitted to the courtroom by means of video link as defined in section 120; or

            (b)         while he or she is giving evidence the accused is to be held in a room apart from the courtroom and the evidence is to be transmitted to that room by means of video link as defined in section 120.

        (3)         Where subsection (2)(b) applies the accused is at all times to have the means of communicating with his or her counsel.

        (3a)         Where arrangements are made under subsection (2)(a) or (b) the affected child’s evidence is to be recorded on a visual recording.

        (4)         Where the necessary facilities and equipment referred to in subsection (2) are not available, a screen, one-way glass or other device is to be so placed in relation to the affected child while he or she is giving evidence that —

            (a)         the affected child cannot see the accused; but

            (b)         the judge, the jury (in the case of proceedings on indictment), the accused and his or her counsel can see the affected child.

        (5)         Where arrangements are made under subsection (4) and where the necessary facilities are available to do so, the affected child’s evidence is to be recorded on a visual recording.

        [Section 106N inserted: No. 36 of 1992 s. 8; amended: No. 48 of 1998 s. 8; No. 71 of 2000 s. 25; No. 46 of 2004 s. 14(3); No. 84 of 2004 s. 41 and 82; No. 34 of 2020 s. 91.]