Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Evidence of an
affected child recorded on a visual recording under section 106K or 106N
in relation to a Schedule 7 proceeding is admissible in any hearing in
relation to that proceeding to the same extent as if it were given orally in
the hearing in accordance with the usual rules and practice of the court
concerned.
(2) Evidence of a
special witness recorded on a visual recording under section 106K or 106N
in relation to a proceeding is admissible in any hearing in relation to that
proceeding to the same extent as if it were given orally in the hearing in
accordance with the usual rules and practice of the court concerned.
(2a) If evidence of a
witness is visually recorded under an order made under section 106RA(1)
on the ground in section 106RA(4)(a), the evidence is admissible in any
hearing in relation to the proceeding for the offence concerned to the same
extent as if it were given orally in the hearing in accordance with the usual
rules and practice of the court concerned.
(2b) If evidence of a
witness is visually recorded under an order made under section 106RA(1)
on the ground in section 106RA(4)(b), the evidence is admissible in any
hearing in relation to the proceeding for the offence concerned to the same
extent as if it were given orally in the hearing in accordance with the usual
rules and practice of the court concerned if the court is satisfied at that
proceeding that —
(a) the
witness is dead;
(b) the
witness’s medical or mental condition is such that the witness is not
able to give evidence, or to give evidence satisfactorily, in the proceeding;
(c) the
witness is out of the State and is not able to give evidence at the proceeding
by means of a video link or an audio link, notwithstanding that the witness
might return at some future time;
(d) that
the witness is being kept out of the way by the accused; or
(e) that
all the parties consent and that the interests of justice do not require the
presence of the witness.
(2c) If under
subsection (2a) or (2b), the evidence of a witness recorded on a visual
recording is admitted into evidence in a hearing, the witness need not be
present at the hearing.
(2d) If there is a
prospect that the witness referred to in subsection (2b) might recover or
return, the court need not admit the evidence but may adjourn the hearing.
(3) A judge of a court
before which it is proposed to adduce evidence on a visual recording under
subsection (1), (2), (2a) or (2b) in a hearing may order that the
affected child or special witness or witness, as the case may be, attend the
court for the purposes of giving further evidence in clarification of the
evidence on the visual recording.
(4) The making of an
order under subsection (3) does not prevent the making of an application
under section 106I or of an order under section 106K, 106N or 106RA
in relation to the giving of the further evidence.
(5) In this
section —
hearing , in relation to a proceeding,
means —
[(a) deleted]
(b) the
trial or hearing of the proceeding; or
(c) a
retrial or rehearing of the proceeding.
[Section 106T inserted by No. 71 of 2000
s. 28; amended by No. 27 of 2002 s. 33; No. 46 of 2004
s. 14(3), (6) and 22(3); No. 84 of 2004 s. 39.]
[Heading deleted by No. 84 of 2004 s. 41.]
[ 107, 108. Deleted by No. 84 of 2004 s. 41.]
Examination of witnesses outside the State
[Heading inserted by No. 66 of 1987
s. 9.]