Proceedings for child sexual offences
19A Proceedings for child sexual offences
If committal proceedings take place in the Court for a charge of a child sexual offence—
an audio visual record of the evidence of the alleged victim may be admitted in the proceedings if the recording—
is of evidence given by the alleged victim in earlier criminal proceedings; or
has been made pursuant to Part 17 Division 3 of the
Summary Offences
Act 1953 and—
the Court is satisfied as to the alleged victim's capacity to give sworn or unsworn evidence at the time the recording was made; and
the Court is satisfied that the defendant has been given a reasonable opportunity to view the recording; and
despite any other Act or law, the alleged victim cannot be required to give oral evidence for the purposes of the committal proceedings except evidence in the form of such an audio visual record.
In this section—
child sexual offence means a sexual offence committed in relation to a person under the age of
18 years;
sexual offence has the same meaning as in the
Evidence
Act 1929.
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