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s 23EC

Conduct of proceeding by video link facilities or audio link facilities by court outside district or division

In force
Part 3Jurisdiction
Division 2ADecentralisation of Magistrates Courts

23EC Conduct of proceeding by video link facilities or audio link facilities by court outside district or division

(1)

This section applies if—

(a)

a Magistrates Court (the original court) has jurisdiction under this Act or another Act to hear a proceeding, including a criminal proceeding; and

(b)

the original court is authorised under this Act or another Act (an authorising law) to conduct the proceeding using video link facilities or audio link facilities; andExamples of authorising laws—

• part 6A of this Act

Evidence Act 1977, part 3A

Penalties and Sentences Act 1992, section 15A

(c)

a practice direction made by the Chief Magistrate provides for the proceeding to be conducted by an alternative court by video link facilities or audio link facilities under this section.

(2)

The alternative court may conduct the proceeding by using video link facilities or audio link facilities under the authorising law as if the alternative court—

(a)

had jurisdiction under the Act mentioned in subsection (1)(a) to hear the proceeding; and

(b)

were the original court for the purpose of the authorising law.

(3)

In this section—alternative court, in relation to a proceeding, means a Magistrates Court outside the district or division in which the proceeding would otherwise be required to be heard.

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