When court may take evidence by video link
15YV When court may take evidence by video link
Application by prosecutor
In a proceeding, the court must:
direct; or
by order, allow;
a witness to give evidence by video link if:
both:
the prosecutor applies for the direction or order; and
the court is satisfied that the prosecutor gave the court reasonable notice of his or her intention to make the application; and
the witness is not a defendant in the proceeding; and
the witness is available, or will reasonably be available, to give evidence by video link; and
the facilities required by section 15YY are available or can reasonably be made available;
unless the court is satisfied that giving the direction or making the order would have a substantial adverse effect on the right of a defendant in the proceeding to receive a fair hearing.
Application by defendant
In a proceeding, the court must:
direct; or
by order, allow;
a witness to give evidence by video link if:
both:
a defendant in the proceeding applies for the direction or order; and
the court is satisfied that the defendant gave the court reasonable notice of his or her intention to make the application; and
the witness is not a defendant in the proceeding; and
the witness is available, or will reasonably be available, to give evidence by video link; and
the facilities required by section 15YY are available or can reasonably be made available;
unless the court is satisfied that it would be inconsistent with the interests of justice for the evidence to be given by video link.
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