Use of audiovisual links in summary criminal proceedings for detained defendants
49EB Use of audiovisual links in summary criminal proceedings for detained defendants
This section only applies in relation to:
a Territory proceeding that is a summary criminal proceeding; and
(b) a detained defendant who is to appear before a court in a summary criminal proceeding.
(2) A detained defendant who is required to appear before a court in a summary criminal proceeding, other than in a part of the proceeding mentioned in subsection (5), is to appear by audiovisual link unless:
(a) the necessary facilities are not available and cannot reasonably be made available for the detained defendant to appear by audiovisual link; or
(b) the court directs that the detained defendant appear physically before the court instead of by audiovisual link.
(3) The court may give a direction under subsection (2)(b) on its own initiative or on the application of a party to the summary criminal proceeding.
(4) In considering whether to give a direction under subsection (2)(b), the court may have regard to the matters specified in section 49E(5).
(5) A detained defendant who is required to appear before a court in the following parts of a summary criminal proceeding is to appear physically before the court unless the court directs otherwise under section 47E(1):
(a) the first appearance of the detained defendant before the court in the proceeding;
a hearing of the charge or charges in the proceeding;
(c) a preliminary examination conducted by the court in respect of the charge or charges in the proceeding.
In this section:
detained defendant, in relation to a summary criminal proceeding, means a person who is:
a defendant in the summary criminal proceeding; and
(b) held in the custody of the Commissioner of Correctional Services, whether in connection with the summary criminal proceeding or otherwise.
summary criminal proceeding means any criminal proceeding in or before either of the following courts:
the Local Court;
the Youth Justice Court.
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