Crimes Act 1914
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Hide history noteIn a proceeding, the court must:
(a) direct; or
(b) by order, allow;
a witness to give evidence by video link if:
(c) both:
(i) the prosecutor applies for the direction or order; and
(ii) the court is satisfied that the prosecutor gave the court reasonable notice of his or her intention to make the application; and
(d) the witness is not a defendant in the proceeding; and
(e) the witness is available, or will reasonably be available, to give evidence by video link; and
(f) the facilities required by section 15YY are available or can reasonably be made available;
unless the court is satisfied that giving the direction or making the order would have a substantial adverse effect on the right of a defendant in the proceeding to receive a fair hearing.
(2) Application by defendant.In a proceeding, the court must:
(a) direct; or
(b) by order, allow;
a witness to give evidence by video link if:
(c) both:
(i) a defendant in the proceeding applies for the direction or order; and
(ii) the court is satisfied that the defendant gave the court reasonable notice of his or her intention to make the application; and
(d) the witness is not a defendant in the proceeding; and
(e) the witness is available, or will reasonably be available, to give evidence by video link; and
(f) 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.
(3)(Repealed by No 75 of 2018)
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