Justices Act 1886

This section applies to a proceeding if—

a person is entitled or required to be present before a Magistrates Court for the proceeding; and

the proceeding is about an offence with which the person is charged, including a proceeding for the person’s bail or remand, other than a proceeding for the sentencing of the person; andNote—See the Penalties and Sentences Act 1992, section 15A in relation to the use of audiovisual link or audio link facilities for a sentencing proceeding.

the person is—

in custody at a correctional institution that has video link facilities or audio link facilities linking it and the primary court; or

represented by a lawyer and present at another place that—

the presiding magistrate considers suitable for the conduct of a proceeding under this part; and

has video link facilities or audio link facilities linking it and the primary court.

If—

the person is in custody in a correctional institution that is a corrective services facility within the meaning of the Corrective Services Act 2006; and

the proceeding is for the person’s bail or remand;

the proceeding must be conducted using the video link facilities, unless the primary court, in the interests of justice, otherwise orders.

In a proceeding other than a proceeding to which subsection (2) applies, the primary court may, in the interests of justice, order the proceeding be conducted using the video link facilities or audio link facilities.

However, the primary court may not make an order under subsection (3) if facilities mentioned in section 178F(1) are not available at the primary court or the associated place.

The video link facilities or audio link facilities may only be used to link the proceeding before the primary court with the person, or the person and the person’s representative, at the associated place.