Giving evidence by audiovisual link
68 Giving evidence by audiovisual link
This section applies if—
a witness is to give evidence in a relevant proceeding; and
the proceeding is to be heard in a courtroom; and
the courtroom and the external place are linked by an audiovisual link.
The witness’s evidence must be given by audiovisual link unless the court otherwise orders.
The court may make an order under subsection (2) only if satisfied that—
the witness prefers to give evidence in the courtroom; or
if the order is not made—
the relevant proceeding may be unreasonably delayed; or
there is a substantial risk that the court will not be able to ensure that the proceeding is conducted fairly.
While the witness is at the external place to give evidence, the place is taken for all purposes (other than section 52 (3)) to be part of the courtroom.
While the witness is at the external place to give evidence—
the accused person must not be at the place; and
the witness must not be able to see or hear the accused person; and
the accused person must be able to see and hear the witness give evidence; and
the accused person must be able to communicate with the person’s lawyer.
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