Appendix 3 - Amendment proposed by HREOC [176]
Crimes Act 1914
15YV When court may take evidence by video link
- In
a proceeding, the court must:
- direct;
or
- by
order, allow;
a witness to give evidence by
video link if:
- both:
- the prosecutor or defendant in the proceeding applies
for the direction or order; and
- the court is satisfied that the prosecutor or defendant
in the proceeding gave the court reasonable notice of his or her intention to
make the application; and
- the
witness is not a defendant in the proceeding; and
- the
witness is available, or will reasonably be available, to give evidence by
video link; and
- the
facilities required by section 15YY are available or can reasonably be made
available;
unless the court is satisfied that
it would be inconsistent with the interests of justice for the evidence to be
given by video link.
- For
the purposes of this section, it will be inconsistent with the interests of
justice for evidence to be given by video link if the giving of the direction
or the making of the order would, having regard to the circumstances of the
proceedings as a whole, violate the right of the accused to a fair hearing.
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