Western Australian Consolidated Acts

PRISONS ACT 1981 - SECT 74A

74A.         Charges may be heard and determined by video link

        (1)         In this section —

        hearing officer means a superintendent or a visiting justice;

        video link means facilities (including closed circuit television) that enable, at the same time, a superintendent or visiting justice at one place to see and hear a person at another place and vice versa.

        (2)         The hearing officer inquiring into, hearing and determining a charge of a prison offence may, on the hearing officer’s own initiative or on an application by the prosecutor or the prisoner, direct that the prisoner and any witnesses appear by video link from a suitable place in this State.

        (3)         A direction under subsection (2) is not to be made unless —

            (a)         the video link is available or can reasonably be made available; and

            (b)         the prisoner and the witnesses (if any) are available or can reasonably be made available to appear by video link; and

            (c)         in the opinion of the hearing officer, it is appropriate for the matter to be dealt with using video link.

        (4)         The hearing and determining of a prison offence by video link is to be conducted as if the prisoner and any witnesses were present before the hearing officer in a suitable place.

        (5)         More than one video link may be operated under this section at any one time.

        [Section 74A inserted by No. 65 of 2006 s. 26.]