sec.39PBExpert witnesses to give evidence by audio visual link

### sec.39PB Expert witnesses to give evidence by audio visual link This section applies if a person is called to give evidence as an expert witness in the proceeding. Subject to subsection (3) and any rules of the court, the person is to give the evidence to the court by audio visual link. The court may, on its own initiative or on the application of a party to the proceeding, direct that the person is to give oral evidence to the court other than by audio visual link if the court is satisfied it is in the interests of justice to give the direction. In deciding whether it is in the interests of justice to give a direction under subsection (3) , the court may have regard to the following matters— the nature and scope of the evidence the person is to give in the proceedings; whether the use of audio visual link is likely to affect the court’s or a jury’s ability to assess the credibility or reliability of the person or the person’s evidence; the availability of appropriate audio visual facilities in the court to which the person is to give evidence; any submission made to the court by the person or any party to the proceedings about the way in which the person should give evidence. Subsection (4) does not limit the matters the court may have regard to in deciding whether it is in the interests of justice to make a direction under subsection (3) . The court may, at any time, vary or revoke a direction made under this section on its own initiative or on the application of a party to the proceeding. The court must not give the person’s evidence any more or less weight, or draw any adverse inferences against a party to the proceeding, only because the person gave the evidence by audio visual link. s 39PB ins 2014 No. 39 s 50 amd 2024 No. 5 s 75 (sec.39PB-ssec.1) This section applies if a person is called to give evidence as an expert witness in the proceeding. (sec.39PB-ssec.2) Subject to subsection (3) and any rules of the court, the person is to give the evidence to the court by audio visual link. (sec.39PB-ssec.3) The court may, on its own initiative or on the application of a party to the proceeding, direct that the person is to give oral evidence to the court other than by audio visual link if the court is satisfied it is in the interests of justice to give the direction. (sec.39PB-ssec.4) In deciding whether it is in the interests of justice to give a direction under subsection (3) , the court may have regard to the following matters— the nature and scope of the evidence the person is to give in the proceedings; whether the use of audio visual link is likely to affect the court’s or a jury’s ability to assess the credibility or reliability of the person or the person’s evidence; the availability of appropriate audio visual facilities in the court to which the person is to give evidence; any submission made to the court by the person or any party to the proceedings about the way in which the person should give evidence. (sec.39PB-ssec.5) Subsection (4) does not limit the matters the court may have regard to in deciding whether it is in the interests of justice to make a direction under subsection (3) . (sec.39PB-ssec.6) The court may, at any time, vary or revoke a direction made under this section on its own initiative or on the application of a party to the proceeding. (sec.39PB-ssec.7) The court must not give the person’s evidence any more or less weight, or draw any adverse inferences against a party to the proceeding, only because the person gave the evidence by audio visual link. - (a) the nature and scope of the evidence the person is to give in the proceedings; - (b) whether the use of audio visual link is likely to affect the court’s or a jury’s ability to assess the credibility or reliability of the person or the person’s evidence; - (c) the availability of appropriate audio visual facilities in the court to which the person is to give evidence; - (d) any submission made to the court by the person or any party to the proceedings about the way in which the person should give evidence.