sec.21AACSpecial witness evidence to be videorecorded

### sec.21AAC Special witness evidence to be videorecorded This section applies to the evidence of a special witness in a trial in a criminal proceeding relating wholly or partly to a sexual offence, other than the person charged. The court must direct that a videorecording of the evidence of a special witness be made if— a special witness is giving evidence; and appropriate equipment and facilities are available for videorecording the special witness’s evidence. A videorecording made under this section, or a lawfully edited copy of the videorecording, is admissible in any of the following as if the evidence were given orally in the proceeding in accordance with the usual rules and practice of the court, unless the relevant court otherwise orders— any rehearing or retrial of, or appeal from, the proceeding in which the videorecording was made; another proceeding for the relevant charge or another charge arising out of the same, or the same set of, circumstances; a civil proceeding arising from the commission of the offence. The reference in subsection (3) to a videorecording includes a digital copy of the videorecording on a separate data storage medium if the copy has been made by— the principal registrar of a court; or a person authorised by the principal registrar of a court to copy the videorecording onto the separate data storage medium. Subsection (2) applies regardless of whether an order or direction is also made under section 21A (2) (e) . s 21AAC ins 2024 No. 48 s 22 (sec.21AAC-ssec.1) This section applies to the evidence of a special witness in a trial in a criminal proceeding relating wholly or partly to a sexual offence, other than the person charged. (sec.21AAC-ssec.2) The court must direct that a videorecording of the evidence of a special witness be made if— a special witness is giving evidence; and appropriate equipment and facilities are available for videorecording the special witness’s evidence. (sec.21AAC-ssec.3) A videorecording made under this section, or a lawfully edited copy of the videorecording, is admissible in any of the following as if the evidence were given orally in the proceeding in accordance with the usual rules and practice of the court, unless the relevant court otherwise orders— any rehearing or retrial of, or appeal from, the proceeding in which the videorecording was made; another proceeding for the relevant charge or another charge arising out of the same, or the same set of, circumstances; a civil proceeding arising from the commission of the offence. (sec.21AAC-ssec.4) The reference in subsection (3) to a videorecording includes a digital copy of the videorecording on a separate data storage medium if the copy has been made by— the principal registrar of a court; or a person authorised by the principal registrar of a court to copy the videorecording onto the separate data storage medium. (sec.21AAC-ssec.5) Subsection (2) applies regardless of whether an order or direction is also made under section 21A (2) (e) . - (a) a special witness is giving evidence; and - (b) appropriate equipment and facilities are available for videorecording the special witness’s evidence. - (a) any rehearing or retrial of, or appeal from, the proceeding in which the videorecording was made; - (b) another proceeding for the relevant charge or another charge arising out of the same, or the same set of, circumstances; - (c) a civil proceeding arising from the commission of the offence. - (a) the principal registrar of a court; or - (b) a person authorised by the principal registrar of a court to copy the videorecording onto the separate data storage medium.