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CRIMINAL PROCEDURE ACT 2009 - SECT 363

When court must direct use of closed-circuit television or other facilities for complainant

    (1)         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—

        (a)     the prosecution applies for the complainant to give evidence in the courtroom; and

        (b)     the court is satisfied that the complainant

              (i)     is aware of the right of the complainant to give evidence in another place by closed-circuit television or other facilities; and

              (ii)     is able and wishes to give evidence in the courtroom.

S. 363(2) inserted by No. 1/2022 s. 124.

    (2)     Subject to subsection (3), if the witness is a complainant in a proceeding that relates (wholly or partly) to a charge for an offence where the conduct constituting the offence consists of family violence within the meaning of the Family Violence Protection Act 2008 , the court must direct that an arrangement referred to in section 360(a) be made if—

        (a)     closed-circuit television or other facilities that enable communication between the courtroom and the other place are available; and

        (b)     it is practicable to do so.

S. 363(3) inserted by No. 1/2022 s. 124.

    (3)     The court is not required to direct that an arrangement referred to in section 360(a) be made under subsection (2) if—

        (a)     the prosecution applies for the complainant to give evidence in the courtroom; and

        (b)     the court is satisfied that the complainant

              (i)     is aware of the complainant's right to give evidence in another place by closed-circuit television or other facilities; and

              (ii)     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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