There is no universal requirement for a special direction to the jury whenever evidence is given by VATE procedure under s 37B of the Evidence Act 1958 (Vic). The need for and stringency of any warning depends on the circumstances of each case, with the critical factor being the capacity for effective cross-examination of the VATE witness. Where cross-examination takes place without apparent hindrance, the problems arising from the VATE procedure (absence of oath, recording outside the courtroom) are of lesser significance.
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