55Hearing of charges by Visiting Judge

55 Hearing of charges by Visiting Judge

55 Hearing of charges by Visiting Judge

(1) This section applies to proceedings on a charge that is referred to a Visiting Judge under this Division.

(2) Subject to this section—

(a) the Criminal Procedure Act 1986 applies to and in respect of the proceedings in the same way as it applies to and in respect of proceedings on a court attendance notice issued for a summary offence before the Local Court, and

(b) any order or decision that is made by the Visiting Judge in or in connection with any such proceedings is taken to have been made under that Act.

(3) In its application to the proceedings, the Criminal Procedure Act 1986 is subject to such modifications as are prescribed by the regulations and to such other modifications as the Visiting Judge considers appropriate.

(4) An inmate is entitled to be represented by an Australian legal practitioner in the proceedings.

(5) Any hearing in the proceedings is to be held—

(a) in the correctional centre at which the inmate is in custody, or

(b) if the Visiting Judge is satisfied that it is in the interests of the administration of justice for it to be held elsewhere—at any other place appointed by the Visiting Judge (an appointed place).

(5A) If a Visiting Judge appoints an appointed place for the holding of any hearing in the proceedings, the Visiting Judge may do any of the following—

(a) direct that the inmate must appear before the Visiting Judge by way of audio visual link from the correctional centre at which the inmate is in custody,

(b) direct that any other inmate who gives evidence or makes a submission in the hearing is to do so by way of audio visual link from the correctional centre at which that inmate is in custody,

(c) direct that any person other than an inmate who gives evidence or makes a submission is to do so by way of audio visual link from any place within New South Wales nominated by the Visiting Judge.

(5B) The Visiting Judge must not make a direction referred to in subsection (5A) if—