21CEvidence given outside the courtroom

21C Evidence given outside the courtroom (1) If evidence is given outside the courtroom and contemporaneously transmitted to the courtroom, the following provisions apply: (a) the place where the vulnerable witness gives the evidence is taken to be within the precincts of the court; (b) the court will determine who is to be present in the same room as the witness while the evidence is given; (c) the court may give directions: (i) to ensure necessary communication between persons in the courtroom and the vulnerable witness; and (ii) to ensure that images of the defendant are not transmitted to the place where the vulnerable witness is giving evidence; and (iii) to ensure that the witness's evidence is audible in the courtroom and that the judge, counsel and jury can adequately observe the demeanour of the witness while giving evidence; and (iv) to deal with any incidental matter. (2) If the court holds a special sitting, the following provisions apply: (a) the court may hold the sitting wherever it thinks appropriate and, if it decides to sit outside the courtroom, the place where the sitting is held is taken to be within the precincts of the court; (b) in the case of a trial by jury, the special sitting is to be held in the absence of the jury (and may be held before the jury is empanelled); (c) during the examination of the witness, the defendant is not to be present in the same room as the witness, but, if the defendant wants to observe the examination, arrangements are to be made so that: (i) the defendant can contemporaneously hear and observe the witness by audiovisual link; and (ii) the defendant (if represented) can communicate with counsel for the defence during the course of the examination; Evidence Act 1939 10 (d) the court will determine who is to be in the same room as the witness during the course of the examination; (e) the court may give directions on any matter incidental to the examination or the recording of the examination. (3) If evidence is taken from a vulnerable witness from a place outside the courtroom, but it is necessary for the witness to attend in the courtroom to give identification evidence, the court must, unless there is good reason to the contrary, defer taking the identification evidence until the witness has completed giving all other evidence.