Evidence (Children and Special Witnesses) Act 2001
7Affected child or prescribed witness may give oral evidence in court
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7 Affected child or prescribed witness may give oral evidence in court
(1) [Section 7 Subsection (1) amended by No. 26 of 2020, s. 10, Applied:01 Mar 2021] [Section 7 Subsection (1) amended by No. 63 of 2013, s. 8, Applied:01 Mar 2014] In a prescribed proceeding or a specified proceeding, the prosecutor may apply to a judge of the court hearing the proceeding for an order that section 6B does not apply to the proceeding.
(2) [Section 7 Subsection (2) amended by No. 26 of 2020, s. 10, Applied:01 Mar 2021] [Section 7 Subsection (2) amended by No. 63 of 2013, s. 8, Applied:01 Mar 2014] On receipt of an application, the judge may make an order declaring that section 6B does not apply to the proceeding if satisfied that the affected child or prescribed witness is able and wishes to give evidence in the presence of the defendant in the courtroom.
(3) [Section 7 Subsection (3) amended by No. 26 of 2020, s. 10, Applied:01 Mar 2021] A judge of the court hearing a prescribed proceeding or a specified proceeding may, on the application of the prosecutor or on his or her own motion, vary or revoke an order made under subsection (2) .