New South Wales Consolidated Acts

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 19

19 Circumstances in which evidence to be given in person

(1) The District Court may direct a person to attend and give evidence in proceedings on an appeal against conviction if it is satisfied--

(a) in the case of an appeal that relates to an offence involving violence against that person, that there are special reasons why, in the interests of justice, the person should attend and give evidence, or

(b) in any other case, that there are substantial reasons why, in the interests of justice, the person should attend and give evidence.

(2) An application for such a direction may be made by a party to the proceedings in relation to a particular person only if notice of the party's intention to make such an application has been served on each other party to the proceedings within such period as the District Court may direct.

(3) If an application for such a direction is refused, the District Court must give reasons for the refusal.

(4) A direction may be withdrawn only on the application, or with the consent, of the appellant.

(5) The regulations may make provision for or with respect to the determination of special or substantial reasons for the purposes of subsection (1).

(6) Without limiting subsection (5), in determining whether special or substantial reasons exist, the District Court must have regard to whether or not the appellant was legally represented for the whole or any part of the original Local Court proceedings.