QLDIn ForceAct
Evidence Act 1977
sec.21AZSCourt may give directions
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### sec.21AZS Court may give directions
The court may, at a directions hearing held in the relevant proceeding, give the directions about the giving of evidence by the witness that the court considers appropriate for the fair and efficient conduct of the proceeding.
Without limiting subsection (1) , a direction may be given about 1 or more of the following matters—
the manner of questioning the witness;
the duration of questioning the witness;
the questions that may, or may not, be put to the witness;
if there is more than 1 defendant—the allocation among the defendants of the topics about which the witness may be questioned;
the use of models, plans, body maps or similar aids to—
help communicate a question to be put to the witness; or
help the witness communicate an answer to a question put to the witness;
the use of an audio visual link or another communication facility—
to enable the witness and the intermediary to communicate with each other; or
for another purpose, including, for example, to enable the court, the prosecutor and the legal practitioner representing the defendant to communicate with the intermediary.
In deciding whether to give a direction under this section, the court may have regard to the information given, and recommendations made, by the intermediary under section 21AZR .
Subsections (1) and (2) do not limit the Criminal Code , section 590AA or the Justices Act 1886 , section 83A .
s 21AZS ins 2020 No. 32 s 44
(sec.21AZS-ssec.1) The court may, at a directions hearing held in the relevant proceeding, give the directions about the giving of evidence by the witness that the court considers appropriate for the fair and efficient conduct of the proceeding.
(sec.21AZS-ssec.2) Without limiting subsection (1) , a direction may be given about 1 or more of the following matters— the manner of questioning the witness; the duration of questioning the witness; the questions that may, or may not, be put to the witness; if there is more than 1 defendant—the allocation among the defendants of the topics about which the witness may be questioned; the use of models, plans, body maps or similar aids to— help communicate a question to be put to the witness; or help the witness communicate an answer to a question put to the witness; the use of an audio visual link or another communication facility— to enable the witness and the intermediary to communicate with each other; or for another purpose, including, for example, to enable the court, the prosecutor and the legal practitioner representing the defendant to communicate with the intermediary.
(sec.21AZS-ssec.3) In deciding whether to give a direction under this section, the court may have regard to the information given, and recommendations made, by the intermediary under section 21AZR .
(sec.21AZS-ssec.4) Subsections (1) and (2) do not limit the Criminal Code , section 590AA or the Justices Act 1886 , section 83A .
- (a) the manner of questioning the witness;
- (b) the duration of questioning the witness;
- (c) the questions that may, or may not, be put to the witness;
- (d) if there is more than 1 defendant—the allocation among the defendants of the topics about which the witness may be questioned;
- (e) the use of models, plans, body maps or similar aids to— (i) help communicate a question to be put to the witness; or (ii) help the witness communicate an answer to a question put to the witness;
- (i) help communicate a question to be put to the witness; or
- (ii) help the witness communicate an answer to a question put to the witness;
- (f) the use of an audio visual link or another communication facility— (i) to enable the witness and the intermediary to communicate with each other; or (ii) for another purpose, including, for example, to enable the court, the prosecutor and the legal practitioner representing the defendant to communicate with the intermediary.
- (i) to enable the witness and the intermediary to communicate with each other; or
- (ii) for another purpose, including, for example, to enable the court, the prosecutor and the legal practitioner representing the defendant to communicate with the intermediary.
- (i) help communicate a question to be put to the witness; or
- (ii) help the witness communicate an answer to a question put to the witness;
- (i) to enable the witness and the intermediary to communicate with each other; or
- (ii) for another purpose, including, for example, to enable the court, the prosecutor and the legal practitioner representing the defendant to communicate with the intermediary.