New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 306ZH

306ZH Vulnerable persons have a right to alternative arrangements for giving evidence when closed-circuit television facilities not available

(1) This section applies to any proceeding in which a vulnerable person is entitled or permitted to give evidence by means of closed-circuit television facilities or other similar technology (by virtue of section 306ZB or an order made under section 306ZC) but does not do so because--

(a) such facilities and such technology are not available (and the court does not move the proceeding under section 306ZF), or

(b) the vulnerable person chooses not to give evidence by those means, or

(c) the court orders that the vulnerable person may not give evidence by those means (or, in the case of a vulnerable person to whom section 306ZC applies, the court does not order that the vulnerable person may give evidence by those means).

(2) In such a proceeding, the court must make alternative arrangements for the giving of evidence by the vulnerable person, in order to restrict contact (including visual contact) between the vulnerable person and any other person or persons.

(3) Those alternative arrangements may include any of the following--

(a) the use of screens,

(b) planned seating arrangements for people who have an interest in the proceeding (including the level at which they are seated and the people in the vulnerable person's line of vision),

(c) the adjournment of the proceeding or any part of the proceeding to other premises.

(4) A vulnerable person may choose not to use any such alternative arrangements. In that case, the court must direct that the vulnerable person be permitted to give evidence orally in the courtroom.

(5) Any premises to which a proceeding is adjourned under this section are taken to be part of the court in which the proceeding is being heard.