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s 19A

Proceedings for child sexual offences

In force
Part 4Court proceedings against a youth
Division 2Procedure on committal proceedings and trial in Youth Court

19A Proceedings for child sexual offences

(1)

If committal proceedings take place in the Court for a charge of a child sexual offence—

(a)

an audio visual record of the evidence of the alleged victim may be admitted in the proceedings if the recording—

(i)

is of evidence given by the alleged victim in earlier criminal proceedings; or

(ii)

has been made pursuant to Part 17 Division 3 of the

Summary Offences

Act 1953 and—

(A)

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

(B)

the Court is satisfied that the defendant has been given a reasonable opportunity to view the recording; and

(b)

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.

(2)

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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Section 19A — Proceedings for child sexual offences — Young Offenders Act 1993 (South Australia) — Barrister AI