21BEvidence of vulnerable witnesses in cases of sexual or serious

21B Evidence of vulnerable witnesses in cases of sexual or serious violence offences (1) This section applies to proceedings for the trial in respect of, or the hearing of a charge for, a sexual offence or a serious violence offence. Evidence Act 1939 8 (2) If a vulnerable witness is to give evidence in proceedings to which this section applies, the court may exercise one or both of the following powers: (a) the court may admit a recorded statement in evidence as the witness's evidence in chief or as part of the witness's evidence in chief; (b) the court may: (i) hold a special sitting in relation to the witness; and (ii) have an audiovisual recording made of the examination of the witness at the special sitting and admit the recording in evidence; and (iii) re-play the recording to the jury as the witness's evidence or as part of the witness's evidence (as the case requires). (3) If the prosecutor asks the court to admit a recorded statement in evidence or to hold a special sitting under subsection (2), the court must accede to the request unless there is good reason for not doing so. (3A) Without limiting subsection (3), when considering the prosecutor's request to admit a recorded statement or to hold a special sitting, the court must take into account whether a recorded statement can be played or a special sitting can be held in the courtroom for the proceedings. (4) Before the court admits a recorded statement, or the recording of an examination conducted at a special sitting, in evidence under this section, the court may have it edited to remove irrelevant or otherwise inadmissible material. (5) A vulnerable witness may (but need not) be present in the courtroom when a recorded statement of evidence of the witness, or an audiovisual recording of the examination (or part of the examination) of the witness, is re-played in the courtroom. (6) The vulnerable witness's demeanour, and words spoken or sounds made by the vulnerable witness, during the re-play of a recorded statement of evidence or an audiovisual recording of the examination (or part of the examination) of the witness, are not to be observed or overheard in the courtroom unless the vulnerable witness elects to be present in the courtroom for that part of the proceedings. Evidence Act 1939 9