Evidence (Miscellaneous Provisions) Act 1991

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.