sec.103ZZTSection 103ZZN does not apply if ordered by Supreme Court upon application by defendant

### sec.103ZZT Section 103ZZN does not apply if ordered by Supreme Court upon application by defendant A defendant charged with a sexual offence in a criminal proceeding may apply to the Supreme Court for an order that section 103ZZN does not apply in relation to a complainant. The Supreme Court may make an order under subsection (1) if the court is satisfied that— the order is required for the purpose of inducing persons to come forward who are likely to be needed as witnesses in the criminal proceeding; or the conduct of the defendant’s defence in the proceeding is likely to be substantially prejudiced if the order is not made. The complainant has standing to be heard in relation to the making of the order. In deciding whether to make the order, the Supreme Court must have regard to— any views and wishes of the complainant, whether or not the complainant appears before the court under subsection (3) ; and any views and wishes of any other complainants in the criminal proceeding. s 103ZZT ins 2024 No. 5 s 69 (sec.103ZZT-ssec.1) A defendant charged with a sexual offence in a criminal proceeding may apply to the Supreme Court for an order that section 103ZZN does not apply in relation to a complainant. (sec.103ZZT-ssec.2) The Supreme Court may make an order under subsection (1) if the court is satisfied that— the order is required for the purpose of inducing persons to come forward who are likely to be needed as witnesses in the criminal proceeding; or the conduct of the defendant’s defence in the proceeding is likely to be substantially prejudiced if the order is not made. (sec.103ZZT-ssec.3) The complainant has standing to be heard in relation to the making of the order. (sec.103ZZT-ssec.4) In deciding whether to make the order, the Supreme Court must have regard to— any views and wishes of the complainant, whether or not the complainant appears before the court under subsection (3) ; and any views and wishes of any other complainants in the criminal proceeding. - (a) the order is required for the purpose of inducing persons to come forward who are likely to be needed as witnesses in the criminal proceeding; or - (b) the conduct of the defendant’s defence in the proceeding is likely to be substantially prejudiced if the order is not made. - (a) any views and wishes of the complainant, whether or not the complainant appears before the court under subsection (3) ; and - (b) any views and wishes of any other complainants in the criminal proceeding.