New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 294I

294I Provisions relating to other aspects of pre-recorded evidence hearing

(1) At the pre-recorded evidence hearing, the witness is entitled to give, and may give--

(a) evidence in chief as provided by section 306U, and

(b) other evidence by audio visual link.

(2) The pre-recorded evidence hearing must be held in the absence of the jury, if any.

(3) Evidence given at the pre-recorded evidence hearing must be recorded and later viewed or heard by the Court in the presence of the jury, if any.

(4) A witness who gives evidence at a pre-recorded evidence hearing must not, unless the witness otherwise chooses, be present in the Court, or be visible or audible to the Court by audio visual link, while the Court is viewing or hearing a recording made--

(a) as provided by section 306U, or

(b) at the hearing.

(5) While the witness is giving evidence at a pre-recorded evidence hearing--

(a) the accused person must be able to--

(i) see and hear the witness giving evidence, or

(ii) if the witness is giving evidence by audio visual link--see and hear the witness giving evidence by audio visual link, and

(b) the accused person must be able to communicate with the person's Australian legal practitioner, if any, including by audio visual link if the accused person and the person's Australian legal practitioner are not in the same place and are appearing by audio visual link.

(6) If evidence in chief is given under subsection (1)(a), section 306U(3) applies as if it required the witness to be available for cross-examination or re-examination under subsection (1)(b).

(7) It does not matter whether or not the judicial officer presiding is the same judicial officer presiding at the proceeding at which the recording made under this division is viewed or heard by the Court.

(8) It also does not matter if, while the pre-recorded evidence hearing is conducted, the judicial officer, an Australian legal practitioner acting in the proceedings, the accused person, the witness and the witness intermediary are at different places and appearing by audio visual link.