Vulnerable person need not give further evidence unless court orders
15YDG Vulnerable person need not give further evidence unless court orders
If evidence given by the vulnerable person in an evidence recording hearing is admitted in the proceeding, the vulnerable person need not give any further evidence in the proceeding unless the court orders that this is necessary:
to clarify the vulnerable person’s evidence given in the evidence recording hearing; or
to give proper consideration of information or material that has become available since the evidence recording hearing; or
in the interests of justice.
This subsection covers further evidence that could otherwise be given on examination in chief, on cross‑examination or on re‑examination.
If the court makes an order under subsection (1), the court must:
order that the evidence is to be given in an evidence recording hearing; and
ensure that the vulnerable person is questioned in the hearing only about the matters specified in the order.
An order under subsection (1) may be made on the court’s own initiative or on application by or on behalf of a party to the proceeding, including the vulnerable person.
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