Crimes Act 1914

Part IAD - Protecting vulnerable persons  

Division 2A - Evidence recording hearings  

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.




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