60Witness may give evidence at pre-trial hearing

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