5BBAccused detainee to appear by audio visual link in criminal proceedings other than physical appearance proceedings

#### 5BB Accused detainee to appear by audio visual link in criminal proceedings other than physical appearance proceedings 5BB Accused detainee to appear by audio visual link in criminal proceedings other than physical appearance proceedings > > (1) An accused detainee who is charged with an offence and is required to appear before a NSW court in criminal proceedings concerning the offence (other than physical appearance proceedings) must, unless the court otherwise directs, appear before the court by audio visual link. > > > > Note. > > > > accused detainee and physical appearance proceedings are defined in section 3. > > > (2) Subsection (1) does not apply unless the necessary audio visual links are available or can reasonably be made available. > > > > Note— > > > > The [Bail Act 2013](/view/html/inforce/current/act-2013-026), section 46 requires a police officer to bring an accused person before a court as soon as practicable and section 71 requires a bail application to be dealt with as soon as reasonably practicable. If the audio visual link for any proceedings relating to bail under the [Bail Act 2013](/view/html/inforce/current/act-2013-026), section 46 or 71 failed, or there were otherwise no audio visual link available for the proceeding, the obligation under section 46 or 71 to act as soon as practicable or reasonably practicable continues. > > > (2A) For proceedings relating to bail, the accused detainee may appear before the court by audio link only if— > > > > > (a) audio visual link fails or is otherwise not available, and > > > > > (b) audio link is available, and > > > > > (c) the parties to the proceedings consent to the use of audio link, and > > > > > (d) the court is satisfied the accused detainee appearing before the court by audio link is in the interests of justice. > > > (3) The court may make a direction under subsection (1) on its own motion or on the application of any party to the proceeding or of any person on behalf of a designated government agency. > > > (4) The court may make such a direction only if it is satisfied, after taking into account any factors that are relevant in the circumstances of the case together with any factors that are specified in rules of court, that it is in the interests of the administration of justice for the accused detainee to appear physically before the court. > > > (5) A person who was a child when a direction was made under this section to appear physically before a court is entitled to continue to appear before the court in accordance with the direction even if the person becomes an adult before the conclusion of the proceeding concerned. > > > (6) A head of jurisdiction for a court may, by practice note or other document that regulates the practice or procedure of the jurisdiction, direct that, despite subsection (1)— > > > > > (a) accused detainees required to appear before the court in proceedings relating to bail in particular locations are not required to appear by audio visual link, or > > > > > (b) a particular class of accused detainees required to appear before the court in proceedings relating to bail are not required to appear by audio visual link, or > > > > > (c) accused detainees required to appear before the court in proceedings relating to bail at particular times are not required to appear by audio visual link. > > > (7) If subsection (1) does not apply to an accused detainee because of the operation of subsection (6)(a), (b) or (c), the accused detainee must appear physically before the court, unless the court directs otherwise in the interests of the administration of justice. > > **s 5BB:** Ins 2001 No 46, Sch 1 \[11\]. Am 2003 No 57, Sch 1 \[8\]; 2003 No 76, Sch 1 \[7\]–\[9\]; 2006 No 107, Sch 1.17 \[1\]. Subst 2007 No 75, Sch 1 \[13\]. Am 2025 No 34, Sch 1\[4\] \[6\] \[7\].