QLDIn ForceAct
Evidence Act 1977
sec.21AADRecall of a special witness
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### sec.21AAD Recall of a special witness
This section applies if a videorecording of the evidence of a special witness is admitted in a proceeding under section 21AAC (3) .
This admission of the videorecording does not prevent a party to the proceeding applying to the court for the special witness to attend the proceeding to give further evidence.
However, the court must not make an order for the special witness to give further evidence or reappear unless the court is satisfied that—
if the special witness had given evidence in the ordinary way, the special witness could be recalled to give further evidence; and
it would be in the interests of justice to make the order.
s 21AAD ins 2024 No. 48 s 22
(sec.21AAD-ssec.1) This section applies if a videorecording of the evidence of a special witness is admitted in a proceeding under section 21AAC (3) .
(sec.21AAD-ssec.2) This admission of the videorecording does not prevent a party to the proceeding applying to the court for the special witness to attend the proceeding to give further evidence.
(sec.21AAD-ssec.3) However, the court must not make an order for the special witness to give further evidence or reappear unless the court is satisfied that— if the special witness had given evidence in the ordinary way, the special witness could be recalled to give further evidence; and it would be in the interests of justice to make the order.
- (a) if the special witness had given evidence in the ordinary way, the special witness could be recalled to give further evidence; and
- (b) it would be in the interests of justice to make the order.