65Affected persons at preliminary proceedings

65 Affected persons at preliminary proceedings

[Section 65 Repealed by No. 10 of 1994, s. 7 and Sched. 2 ]

(1)  If a witness to be examined as part of preliminary proceedings is an affected person, the witness is to give evidence by audio visual link unless –

(a) the witness requests otherwise; or

(b) an order has been made under section 7 of the Evidence (Children and Special Witnesses) Act 2001 in respect of the affected person in relation to proceedings to which the preliminary proceedings relate.

(2)  An affected person may only –

(a) be examined on matters specified in the preliminary proceedings order in accordance with the conditions and limitations specified in that order; and

(b) be examined on matters not provided for in the preliminary proceedings order if the magistrate, or justice, conducting the proceedings is satisfied that –

(i) to do so would not conflict with the preliminary proceedings order; and

(ii) exceptional circumstances exist; and

(iii) it is necessary to do so in the interests of justice.

(3)  A decision under subsection (2)(b) to allow the examination of an affected person on matters not provided for in the preliminary proceedings order is final and is not subject to appeal or other review.

(4)  For the avoidance of doubt, if the Evidence (Children and Special Witnesses) Act 2001 applies to an affected person under this Division, the provisions of this Division are in addition to and do not derogate from the requirements of that Act.