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EVIDENCE ACT 1906 - SECT 106O

EVIDENCE ACT 1906 - SECT 106O

106O .         Court may order that s. 106N does not apply

        (1)         Where any Schedule 7 proceeding has been commenced in a court the prosecutor may apply to a judge of that court for an order that section 106N does not apply to those proceedings.

        (2)         A judge who hears an application under subsection (1) may grant the application if it is shown to the judge’s satisfaction that the affected child is able and wishes to give evidence in the presence of the accused in the courtroom or other room in which the proceedings are being held.

        (3)         An order under subsection (2) may be varied or revoked.

        [Section 106O inserted: No. 36 of 1992 s. 8; amended: No. 2 of 2008 s. 52.]