New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - SECT 31AD

31AD Prosecution witness may be directed to attend in limited circumstances

(1) The Children's Court may, on the application of the accused person or the prosecutor, direct the attendance of a person who made a written statement that the prosecution intends to tender as evidence.

(2) The Children's Court must direct the attendance of a person, other than a complainant, if an application is made by the accused person or the prosecutor and the other party consents to the direction.

(3) In the case of any other application, the Children's Court may direct the attendance of a person other than a complainant only if satisfied that there are substantial reasons why the witness should, in the interests of justice, attend to give oral evidence.

(4) The Children's Court may direct the attendance of a complainant only if satisfied that there are special reasons why the complainant should, in the interests of justice, attend to give oral evidence.

(5) Subsection (4) applies whether or not the parties to the proceedings consent to the attendance of the complainant.

(6) The Children's Court may hold a hearing to determine an application for a direction under this section and may require the accused person or the prosecutor to make submissions in relation to the application.

(7) For the purposes of determining whether to give a direction, the Children's Court may consider any material (whether or not the material is in a form required for it to be admissible as evidence).

(8) A direction given on the application of the accused person or the prosecutor may be withdrawn only--

(a) on the application, or with the consent, of the accused person, or

(b) on the application of the prosecutor, if the accused person fails to appear on a day on which a person has been directed to give evidence and the Children's Court is satisfied that it is in the interests of justice in the circumstances of the case.