Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section applies if a police officer (the applicant ) makes an application under section 77 in relation to a serious offender.
(2) The serious offender must be present at the hearing of the application unless—
(a) the serious offender is remanded or otherwise detained in lawful custody in a State and it is not practicable for the serious offender to be present by audiovisual link or audio link; or
Note 1 State includes the Northern Territory (see Legislation Act
, dict, pt 1).
Note 2 The Evidence (Miscellaneous Provisions) Act 1991
, ch 3 applies in relation to the taking of evidence and making of submissions by audiovisual link or audio link from a State. See also the Magistrates Court Act 1930
, s 311 (Appearance by audiovisual or audio links etc).
(b) the application (and any summons issued under section 77B (2) (a)) has been served on the serious offender and the serious offender is not present.
(3) If the serious offender is a child, incapable person or Aboriginal or Torres Strait Islander person, the serious offender must be represented by an interview friend and may also be represented by a lawyer.
(4) Any other serious offender may be represented by a lawyer.
(5) The serious offender or his or her representative may—
(a) cross-examine the applicant for the order; and
(b) with the leave of the court, call or cross-examine any other witnesses; and
(c) address the court.
(6) The court may give leave under subsection (5) (b) only if the magistrate is of the opinion that there are substantial reasons why, in the interests of justice, the witness should be called or cross-examined.
(7) In this section:
"audio link" means a system of 2-way communication linking different places so that a person speaking at any of them can be heard at the other places.
"audiovisual link" means a system of 2-way communication linking different places so that a person at any of them can be seen and heard at the other places.