Evidence (Miscellaneous Provisions) Act 1958
42CDefinitions
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42C Definitions
In this Part—
S. 42C def. of accused person substituted as accused by No. 68/2009 s. 97(Sch. item 54.19(a)).
accused has the same meaning as in the Criminal Procedure Act 2009;
S. 42C def. of appear inserted by No. 68/2009 s. 97(Sch. item 54.19(d)).
appear includes attend;
appropriate persons means persons that the court considers to be appropriate in the particular case;
audio link means facilities (including telephone) that enable audio communication between persons at different places;
audio visual link means facilities (including closed-circuit television) that enable audio and visual communication between persons at different places;
S. 42C def. of child amended by Nos 72/2004 s. 41, 48/2006 s. 42(Sch. item 13.2), 68/2009 s. 97(Sch. item 54.19(b)).
child means—
(a) in the case of a person who—
(i) has been taken into custody for an offence and is required to be brought before the Children's Court; or
(ii) is a party to a proceeding in the Children's Court; or
(iii) is the subject of an application made to, or order made by, the Children's Court—
a person who is a child within the meaning of the Children, Youth and Families Act 2005; and
(b) a person in respect of whom a sentence within the meaning of the Children, Youth and Families Act 2005 is in force who is required to appear before the Children's Court under the terms of that order or in respect of a breach of that order or on an application for the variation or revocation of that order; and
(c) a person who is the subject of an appeal to the Supreme Court or the County Court made under the Children, Youth and Families Act 2005; and
(d) in any other case—a person who is under the age of 18 years;
S. 42C def. of court point amended by No. 11/2021 s. 4(b).
court point means the courtroom or any other place or places where the court is sitting;
S. 42C def. of exceptional circum-stances inserted by No. 11/2021 s. 4(a), amended by No. 53/2021 s. 27.