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Evidence (Miscellaneous Provisions) Act 1991
102Witness with vulnerability may give evidence in closed
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102 Witness with vulnerability may give evidence in closed
court
(1) This section applies to a person (the witness) giving evidence in a
proceeding if the court considers that the person has a vulnerability
that affects the person’s ability to give evidence because of—
(a) the circumstances of the proceeding; or
(b) the person’s circumstances.
1 the person is likely to suffer severe emotional trauma because of the nature of
the alleged offence
2 the person is intimidated or distressed because of the person’s relationship to
the accused person
(2) The court may order that the court be closed to the public while all or
part of the witness’s evidence (including evidence under
cross-examination) is given.
Note The accused is entitled to a fair and public hearing, but the court may