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Evidence (Miscellaneous Provisions) Act 1991
68Giving evidence by audiovisual link
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68 Giving evidence by audiovisual link
(a) a witness is to give evidence in a relevant proceeding; and
(b) the proceeding is to be heard in a courtroom; and
(c) the courtroom and the external place are linked by an
(2) The witness’s evidence must be given by audiovisual link unless the
court otherwise orders.
(3) The court may make an order under subsection (2) only if satisfied
(a) the witness prefers to give evidence in the courtroom; or
(i) the relevant proceeding may be unreasonably delayed; or
(4) While the witness is at the external place to give evidence, the place
is taken for all purposes (other than section 52 (3)) to be part of the
courtroom.
(5) 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.