9ASpecial hearing in proceedings for child sexual offence

9A Special hearing in proceedings for child sexual offence

[Section 9A Inserted by No. 29 of 2019, s. 18, Applied:02 Oct 2019]

(1)  In a proceeding for a child sexual offence, a judge may make any one or more of the following orders in relation to a witness if the judge is satisfied that it is in the interests of justice to do so:

(a) an order that a special hearing be held to take and record evidence as if the witness were an affected person in respect of whom section 6 applies;

(b) if an order is made under paragraph (a) , an order that the witness not be present at the trial.

(2)  Without limiting the matters that may be taken into account in determining the interests of justice under subsection (1) , the following matters are to be taken into account for that purpose:

(a) whether the unavailability of the witness to give evidence in the ordinary manner would cause undue delay in prosecution;

(b) whether the giving of evidence in the ordinary manner by a witness might, because of the relationship between that witness and another witness, cause that witness or the other witness emotional trauma or distress.

(3)  An order made under subsection (1) may be made on the application of the prosecutor.

(4)  The defendant is to be served with a copy of, and is entitled to be heard on, an application for an order under subsection (1) .