Evidence (Children and Special Witnesses) Act 2001
6Application for order for special hearing
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6 Application for order for special hearing
[Section 6 Substituted by No. 63 of 2013, s. 7, Applied:01 Mar 2014]
(1) [Section 6 Subsection (1) amended by No. 26 of 2020, s. 8, Applied:01 Mar 2021] In a prescribed proceeding or a specified proceeding, the prosecutor may apply to a judge for an order directing –
(a) [Section 6 Subsection (1) amended by No. 29 of 2019, s. 11, Applied:02 Oct 2019] that the whole of an affected person's evidence (including cross-examination and re-examination) be –
(i) taken at a special hearing and audio visually recorded; and
(ii) presented to the court in the form of that audio visual recording; and
(b) [Section 6 Subsection (1) amended by No. 29 of 2019, s. 11, Applied:02 Oct 2019] that the affected person not be present at the trial.
(2) The defendant is to be served with a copy of, and is entitled to be heard on, an application under subsection (1) .