42MMaking of direction for audio visual appearance in section 42JA or 42K(2) proceedings

42M Making of direction for audio visual appearance in section 42JA or 42K(2) proceedings S. 42M(1) amended by Nos 68/2009 s. 97(Sch. item 54.33), 38/2016 s. 6(2), 11/2021 s. 11(2). (1) A court may direct that an accused appear before it by audio visual link in a proceeding in which, by virtue of a provision of section 42JA (other than section 42JA(3)) or section 42K(2), physical appearance would otherwise be required if it is satisfied, on an application made in accordance with this section, that— (a) appearance by audio visual link is consistent with the interests of justice; and (b) is reasonably practicable in the circumstances. (2) Unless an application for the making of a direction referred to in subsection (1) is made with the consent of all parties to the proceeding, the court may only grant such an application if satisfied that exceptional circumstances exist. S. 42M(3) amended by No. 68/2009 s. 97(Sch. item 54.34). (3) An application for a direction referred to in subsection (1) may be made by or on behalf of the accused or the prosecution at any time up to 14 days before the day on which the accused is due to appear or any shorter period before that day that is fixed by the court because of the existence of a good and sufficient reason. (4) An application is made by filing with the court a notice in the form (if any) prescribed by rules of court and stating the grounds on which it is made and serving a copy on any other party in accordance with any rules of court. S. 42M(5) amended by No. 68/2009 s. 97(Sch. item 54.35). (5) With leave of the court, an application for a direction referred to in subsection (1) may be made by or on behalf of the accused or the prosecution at any time in the course of the proceeding to which the direction being sought relates, irrespective of whether an application by a party for such a direction has previously been refused by the court. (6) Subsection (4) does not apply to an application made in accordance with subsection (5). (7) A court may also make a direction referred to in subsection (1) on its own initiative at any time in the course of the proceeding to which the direction relates, irrespective of whether an application made in accordance with this section has previously been refused by it, if the court is satisfied that exceptional circumstances exist. S. 42M(8) amended by No. 68/2009 s. 97(Sch. item 54.35). (8) Any victim of the offence which the accused is alleged to have committed may address, or make a written submission to, the court in opposition to the making of a direction referred to in subsection (1). S. 42M(8A) inserted by No. 11/2021 s. 11(3). (8A) An address to the court by a victim under subsection (8) may be given— (a) in person; or (b) by audio visual link; or (c) by audio link. (9) The exercise of the power conferred on a court to make a direction referred to in subsection (1) is subject to any practice directions. S. 42MAA inserted by No. 44/2021 s. 6. 42MAA Making of direction for audio visual appearance in section 42JA(3) proceedings (1) The Magistrates' Court may direct that an accused appear before it by audio visual link in a proceeding in which, by virtue of section 42JA(3), physical appearance would otherwise be required if it is satisfied that appearance by audio visual link is consistent with the interests of justice and either— (a) the accused consents to appear by audio visual link; or (b) it is satisfied that exceptional circumstances exist. (2) The Magistrates' Court may make a direction under this section— (a) on its own motion; or (b) on an application made by or on behalf of the accused, the prosecution or a police officer at any time up to 2 hours before the time at which the accused is due to appear. (3) An application under subsection (2)(b) is to be made orally or in writing to the Magistrates' Court. (4) The exercise of the power conferred on the Magistrates' Court to make a direction under this section is subject to any practice directions. S. 42MA inserted by No. 38/2016 s. 7. 42MA Appearance of adult accused in proceedings other than section 42JA or 42K proceedings In any proceeding to which this Division applies (other than one referred to in section 42JA or 42K), a court may, on its own initiative or on the application of a party to the proceeding, direct that an accused, other than a child, appear before it by audio visual link if it is satisfied that appearance by audio visual link is consistent with the interests of justice. S. 42N (Heading) inserted by No. 38/2016 s. 8(1). S. 42N inserted by No. 4/1997