New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 306ZC

306ZC Accused vulnerable persons may be allowed to give evidence by closed-circuit television

(1) This section applies to a vulnerable person who is the accused person, or person against whom a complaint is made, in any proceeding to which this Division applies.

(2) The court may make an order permitting a vulnerable person's evidence in a proceeding to which this Division applies to be given by means of closed-circuit television facilities or any other similar technology prescribed for the purposes of this section.

(3) Such an order may be made in relation to a child only if the court is satisfied--

(a) that the child may suffer mental or emotional harm if required to give evidence in the ordinary way, or

(b) that the facts may be better ascertained if the child's evidence is given in accordance with such an order.

(4) A court may make an order under this section permitting a vulnerable person to whom this section applies who is an accused detainee within the meaning of the Evidence (Audio and Audio Visual Links) Act 1998 to give evidence in a proceeding to which this Division applies by means of closed-circuit television facilities or any other similar technology prescribed for the purposes of this section despite Part 1B of that Act.

(5) A vulnerable person may choose not to give evidence by means of closed-circuit television facilities or other similar technology.