New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 294N

294N Giving of evidence of witness in presence of witness intermediary

(1) Subject to the rules of court and any practice direction, in a proceeding to which this division applies, the evidence of a witness for whom a witness intermediary has been appointed may be given only if--

(a) the witness intermediary is at the place from which the witness is giving evidence, or

(b) the witness intermediary is in the courtroom, or

(c) the witness intermediary is at a different place and appearing by audio visual link and the witness, the Court and an Australian legal practitioner acting in the proceedings are able to see and hear the witness intermediary.

(2) The evidence must be given in circumstances in which--

(a) the Court and an Australian legal practitioner acting in the proceedings are able to--

(i) see and hear the giving of the evidence, and

(ii) communicate with the witness intermediary, including by audio visual link if the witness intermediary is appearing by audio visual link, and

(b) except for evidence given under Chapter 6, Part 6 or this division by a recording--the jury are able to see and hear the giving of the evidence.

(3) During a part of the proceedings to which this division applies in which a witness intermediary for a witness is present, the witness intermediary is exempt from a requirement or direction under this Act that requires the proceedings or part of the proceedings to be heard in camera.

(4) The Evidence Act 1995 applies to and in relation to a person who acts as a witness intermediary for a witness in the same way as that Act applies to and in relation to an interpreter.

Example--: The Evidence Act 1995 , section 22 requires an interpreter to take an oath, or make an affirmation, before acting as an interpreter.

(5) The regulations may prescribe the form of the oath to be taken or affirmation to be made by the witness intermediary for subsection (4).