sec.21AAAExclusion of particular persons while particular evidence is presented

### sec.21AAA Exclusion of particular persons while particular evidence is presented This section applies if the evidence of a special witness contained in any of the following is to be presented at a proceeding— a videorecording made under section 21A , or a lawfully edited copy of the videorecording; the usable soundtrack of a videorecording, or a lawfully edited copy of a videorecording, mentioned in paragraph (a) , or a lawfully edited copy of the usable soundtrack; See part 2 , division 4AA in relation to the use of soundtracks from particular recordings. a statement that, under section 93A , is admissible as evidence in the proceeding; a recorded statement, or a lawfully edited copy of the recorded statement, that is admissible as evidence in the proceeding. The court may, on its own initiative or on an application made by a party to the proceeding, order that, while the evidence is being presented at the proceeding, all persons other than those specified by the court be excluded from the room in which it is sitting. See also section 21A (8) for the instructions that must be given to a jury if an order is made under this subsection. However, if the evidence is to be presented at a criminal proceeding, the court may not, under subsection (2) , exclude the person charged. See section 21A (2) (a) and (b) , (4) and (5) in relation to the court’s power to exclude particular persons while a special witness is giving evidence under that section. See the Child Protection Act 1999 , section 193 for restrictions on disclosing identifying information about a special witness who is a child. s 21AAA ins 2017 No. 6 s 31 amd 2020 No. 15 s 76 ; 2022 No. 12 s 34 (sec.21AAA-ssec.1) This section applies if the evidence of a special witness contained in any of the following is to be presented at a proceeding— a videorecording made under section 21A , or a lawfully edited copy of the videorecording; the usable soundtrack of a videorecording, or a lawfully edited copy of a videorecording, mentioned in paragraph (a) , or a lawfully edited copy of the usable soundtrack; See part 2 , division 4AA in relation to the use of soundtracks from particular recordings. a statement that, under section 93A , is admissible as evidence in the proceeding; a recorded statement, or a lawfully edited copy of the recorded statement, that is admissible as evidence in the proceeding. (sec.21AAA-ssec.2) The court may, on its own initiative or on an application made by a party to the proceeding, order that, while the evidence is being presented at the proceeding, all persons other than those specified by the court be excluded from the room in which it is sitting. See also section 21A (8) for the instructions that must be given to a jury if an order is made under this subsection. (sec.21AAA-ssec.3) However, if the evidence is to be presented at a criminal proceeding, the court may not, under subsection (2) , exclude the person charged. - (a) a videorecording made under section 21A , or a lawfully edited copy of the videorecording; - (b) the usable soundtrack of a videorecording, or a lawfully edited copy of a videorecording, mentioned in paragraph (a) , or a lawfully edited copy of the usable soundtrack; Note— See part 2 , division 4AA in relation to the use of soundtracks from particular recordings. - (c) a statement that, under section 93A , is admissible as evidence in the proceeding; - (d) a recorded statement, or a lawfully edited copy of the recorded statement, that is admissible as evidence in the proceeding. - 1 See section 21A (2) (a) and (b) , (4) and (5) in relation to the court’s power to exclude particular persons while a special witness is giving evidence under that section. - 2 See the Child Protection Act 1999 , section 193 for restrictions on disclosing identifying information about a special witness who is a child.