New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 289V

289V Alternative means of giving evidence and alternative arrangements for complainants

(1) A complainant who gives evidence in proceedings is entitled, but may choose not--

(a) to give the evidence from a place other than the courtroom by audio visual link or other technology that enables communication between the place and the courtroom (
"alternative means" ), or

(b) to give the evidence by use of arrangements made to restrict contact, including visual contact, between the complainant and the accused person or other persons in the courtroom (
"alternative arrangements" ), including the following--

(i) use of screens,

(ii) planned seating arrangements for persons who have an interest in the proceedings, including the level at which the persons are seated and the persons in the complainant's line of vision.

(2) If, to enable evidence to be given by alternative means or by use of alternative arrangements, the court considers it appropriate, the court may adjourn the proceedings or part of the proceedings from the courtroom to another court or place.

(3) Despite subsection (1)(a), a complainant must not give evidence by alternative means if a court orders, on the court's own initiative or on application by a party to the proceedings, that alternative means must not be used.

(4) A court may make an order under subsection (3) only if the court is satisfied that there are special reasons, in the interests of justice, for the complainant's evidence not to be given by alternative means.

(5) In proceedings in which there is a jury and evidence is given by alternative means or by use of alternative arrangements, the Judge must--

(a) inform the jury that it is standard procedure for complainants' evidence in proceedings for a domestic violence offence to be given by the means or by use of the arrangements, and

(b) warn the jury not to draw any inference adverse to the accused person or give the evidence greater or lesser weight because it is given by the means or by use of the arrangements.

(6) A place outside the courtroom from which a complainant gives evidence under this section is taken to be part of the courtroom in which the proceedings are being held.

(7) If a complainant gives evidence by alternative means or by use of alternative arrangements in a place other than a courtroom, the court may order that a court officer be present at the place.

(8) This section does not apply to or in relation to the giving of evidence by a vulnerable person if Part 6, Division 4 applies to the giving of the evidence.

(9) This section extends to evidence given in proceedings instituted before the commencement of this section, including a new trial that was ordered to take place before that commencement and proceedings that have been partly heard.

Note--: Part 3B of the Witness Protection Act 1995 provides for alternative means for the giving of evidence by a person who is, or was, a participant in a witness protection program under that Act.