Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES  

Division 279 - Video link evidence  

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History

Div 279 inserted by No 74 of 2013, s 3 and Sch 2 item 85, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.

SECTION 279.2  

279.2   When court may take evidence by video link  

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In a proceeding, the court may, on application by a party to the proceeding, direct that a witness give evidence by video link if:

(a) the witness will give the evidence from outside Australia; and

(b) the witness is not a defendant in the proceeding; and

(c) the facilities required by section 279.3 are available or can reasonably be made available; and

(d) the court is satisfied that attendance of the witness at the court to give the evidence would:

(i) cause unreasonable expense or inconvenience; or

(ii) cause the witness psychological harm or unreasonable distress; or

(iii) cause the witness to become so intimidated or distressed that his or her reliability as a witness would be significantly reduced; and

(e) the court is satisfied that it is consistent with the interests of justice that the evidence be taken by video link.

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History

S 279.2 inserted by No 74 of 2013, s 3 and Sch 2 item 85, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.

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