Part IAD
-
Protecting vulnerable persons
History
Pt IAD heading substituted by No 74 of 2013, s 3 and Sch 2 item 1, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013. The heading formerly read:
Part IAD
-
Protection of children in proceedings for sexual offences
Pt IAD inserted by No 136 of 2001, s 3 and Sch 3 item 1, effective 29 October 2001.
Division 2A
-
Evidence recording hearings
History
Div 2A inserted by No 114 of 2024, s 3 and Sch 1 item 27, effective 11 December 2024. No 114 of 2024, s 3 and Sch 1 item 59 contains the following transitional provision:
59 Transitional
-
proceedings in progress
59
Despite the amendments made by this Schedule, Part
IAD
of the
Crimes Act 1914
, as in force immediately before 11 December 2024, continues to apply in relation to a proceeding begun, but not completed, before 11 December 2024.
SECTION 15YDC
Arrangements for persons at the hearing
(1)
The vulnerable person must not be able to see the defendant during the evidence recording hearing.
(2)
However, the defendant must be able to:
(a)
if the vulnerable person gives evidence from another room
-
by closed-circuit television, see and hear the vulnerable person giving evidence; or
(b)
if the vulnerable person and the defendant are in the same room
-
hear the vulnerable person giving evidence.
(3)
If there is a jury in the proceeding, the evidence recording hearing must be held in the jury
'
s absence.
(4)
Otherwise, the court may determine who is to be present at the evidence recording hearing.
History
S 15YDC inserted by No 114 of 2024, s 3 and Sch 1 item 27, effective 11 December 2024. For transitional provision, see note under
Div 2A of Pt IAD
heading.