31ADProsecution witness may be directed to attend in limited circumstances

#### 31AD Prosecution witness may be directed to attend in limited circumstances 31AD Prosecution witness may be directed to attend in limited circumstances > > (1) The Children’s Court may, on the application of the accused person or the prosecutor, direct the attendance of a person who made a written statement that the prosecution intends to tender as evidence. > > > (2) The Children’s Court must direct the attendance of a person, other than a complainant, if an application is made by the accused person or the prosecutor and the other party consents to the direction. > > > (3) In the case of any other application, the Children’s Court may direct the attendance of a person other than a complainant only if satisfied that there are substantial reasons why the witness should, in the interests of justice, attend to give oral evidence. > > > (4) The Children’s Court may direct the attendance of a complainant only if satisfied that there are special reasons why the complainant should, in the interests of justice, attend to give oral evidence. > > > (5) Subsection (4) applies whether or not the parties to the proceedings consent to the attendance of the complainant. > > > (6) The Children’s Court may hold a hearing to determine an application for a direction under this section and may require the accused person or the prosecutor to make submissions in relation to the application. > > > (7) For the purposes of determining whether to give a direction, the Children’s Court may consider any material (whether or not the material is in a form required for it to be admissible as evidence). > > > (8) A direction given on the application of the accused person or the prosecutor may be withdrawn only— > > > > > (a) on the application, or with the consent, of the accused person, or > > > > > (b) on the application of the prosecutor, if the accused person fails to appear on a day on which a person has been directed to give evidence and the Children’s Court is satisfied that it is in the interests of justice in the circumstances of the case. > > **pt 3, div 3AA (ss 31AA–31AH):** Ins 2018 No 88, Sch 1 \[5\].