42PMaking of direction for audio visual appearance by child

42P Making of direction for audio visual appearance by child (1) A court may direct that a child referred to in section 42O appear before it by audio visual link if it is satisfied, on an application made in accordance with this section, that appearance by audio visual link is— (a) consistent with the interests of justice; and (b) 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. (3) An application for a direction referred to in subsection (1) may be made by or on behalf of the child or the prosecution at any time up to 14 days before the day on which the child 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. (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 child 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). S. 42P(7) amended by No. 11/2021 s. 13(1). (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— S. 42P(7)(a) inserted by No. 11/2021 s. 13(1). (a) that exceptional circumstances exist; or S. 42P(7)(b) inserted by No. 11/2021 s. 13(1). (b) that appearance by audio visual link is— (i) necessary for the purposes of the court's case management generally; and (ii) consistent with the interests of justice; and (iii) reasonably practicable in the circumstances. (8) In determining whether the making of a direction referred to in subsection (1) is consistent with the interests of justice, the court must take into consideration the effect of the direction on the child's ability— (a) to comprehend the proceeding; and (b) to communicate with his or her legal representative and give instructions, or express wishes, to that representative. (9) Any victim of the offence which the child 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)— (a) on the trial (apart from the arraignment of the child) or hearing of the charge; or (b) on a sentencing hearing. S. 42P(9A) inserted by No. 11/2021 s. 13(2). (9A) An address to the court by a victim under subsection (9) may be given— (a) in person; or (b) by audio visual link; or (c) by audio link. (10) 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. 42Q inserted by No. 4/1997 s. 3, amended by No. 68/2009 s. 97(Sch. item 54.40), repealed by No. 11/2021 s. 14. S. 42R inserted by No. 4/1997 s. 3, amended by No. 68/2009 s. 97(Sch. items 54.41–54.43), substituted byNo. 11/2021 s. 15.