When court must direct use of closed-circuit television or other facilities for complainant
363 When court must direct use of closed-circuit television or other facilities for complainant
If the witness is a complainant in a criminal proceeding that relates (wholly or partly) to a charge for a sexual offence, the court must direct that an arrangement referred to in section 360(a) be made unless—
the prosecution applies for the complainant to give evidence in the courtroom; and
the court is satisfied that the complainant—
is aware of the right of the complainant to give evidence in another place by closed-circuit television or other facilities; and
is able and wishes to give evidence in the courtroom.
S. 363(2) inserted by No. 1/2022 s. 124, amended by No. 5/2025 s. 41.
Subject to subsection (3), if the witness is a complainant in a proceeding that relates (wholly or partly) to a charge for a family violence offence, the court must direct that an arrangement referred to in section 360(a) be made if—
closed-circuit television or other facilities that enable communication between the courtroom and the other place are available; and
it is practicable to do so.
S. 363(3) inserted by No. 1/2022 s. 124.
The court is not required to direct that an arrangement referred to in section 360(a) be made under subsection (2) if—
the prosecution applies for the complainant to give evidence in the courtroom; and
the court is satisfied that the complainant—
is aware of the complainant's right to give evidence in another place by closed-circuit television or other facilities; and
is able and wishes to give evidence in the courtroom.
New s. 364 inserted by No. 68/2009 s. 50, amended by No. 30/2010 s. 69.
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