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Evidence (Miscellaneous Provisions) Act 1991
60Witness may give evidence at pre-trial hearing
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60 Witness may give evidence at pre-trial hearing
(1) A witness in a relevant proceeding may give evidence at a pre-trial
hearing.
(2) The evidence must be given by audiovisual link from an external
place that is linked to the courtroom by an audiovisual link.
(3) However, the witness’s evidence in chief given at a pre-trial hearing
may include an audiovisual recording under division 4.3.3 (Special
requirements—audiovisual recording of police interview).
(4) If an audiovisual recording under division 4.3.3 is played at the
pre-trial hearing, the witness must not be visible to anyone in the
courtroom by audiovisual link while the audiovisual recording is
played.
(5) While the witness is at the external place to give evidence, the place
is taken for all purposes (other than subsection (4)) to be part of the
courtroom.
(6) While the witness is at the external place to give evidence—
(a) the accused person must not be at the place; and
(b) the witness must not be able to see or hear the accused person;
and
(c) the accused person must be able to see and hear the witness give
(d) the accused person must be able to communicate with the
person’s lawyer.
Giving evidence at pre-trial hearing Division 4.3.4