sec.15AAudiovisual link or audio link may be used to sentence

### sec.15A Audiovisual link or audio link may be used to sentence The court may allow anything that must or may be done in relation to the sentencing of an offender to be done over an audiovisual link or audio link, if the court considers use of the link is in the interests of justice. However, the court may not make an order under subsection (1) if facilities mentioned in subsection (5) (a) are not available at the court or the place where the offender is present. For subsection (1) , in deciding whether use of an audio link is in the interests of justice, the court must have regard to the desirability of sentencing an offender over an audiovisual link, rather than an audio link, if an audiovisual link is available. For sections 10 (1) and 13 (3) or (4) , anything done, for an offender’s sentencing, over an audiovisual link or audio link between the offender and the court sitting in open court is taken to be done in open court. If an offender is sentenced over an audiovisual link or audio link and the offender’s representative in the proceeding is at the place where the court is sitting— the court and the place where the offender is present must make facilities available for private communication between the offender and the offender’s representative; and a communication between the offender and the offender’s representative is as confidential and inadmissible in any proceeding as it would be if it took place between the offender and the offender’s representative while in each other’s presence. Subsection (5) (b) does not limit any other protection applying to the communication. The provisions of the Evidence Act 1977 relating to the use of an audiovisual link or audio link in criminal proceedings apply for, and are not limited by, subsection (1) . s 15A ins 1999 No. 65 s 10 amd 2013 No. 64 s 120 (sec.15A-ssec.1) The court may allow anything that must or may be done in relation to the sentencing of an offender to be done over an audiovisual link or audio link, if the court considers use of the link is in the interests of justice. (sec.15A-ssec.2) However, the court may not make an order under subsection (1) if facilities mentioned in subsection (5) (a) are not available at the court or the place where the offender is present. (sec.15A-ssec.3) For subsection (1) , in deciding whether use of an audio link is in the interests of justice, the court must have regard to the desirability of sentencing an offender over an audiovisual link, rather than an audio link, if an audiovisual link is available. (sec.15A-ssec.4) For sections 10 (1) and 13 (3) or (4) , anything done, for an offender’s sentencing, over an audiovisual link or audio link between the offender and the court sitting in open court is taken to be done in open court. (sec.15A-ssec.5) If an offender is sentenced over an audiovisual link or audio link and the offender’s representative in the proceeding is at the place where the court is sitting— the court and the place where the offender is present must make facilities available for private communication between the offender and the offender’s representative; and a communication between the offender and the offender’s representative is as confidential and inadmissible in any proceeding as it would be if it took place between the offender and the offender’s representative while in each other’s presence. (sec.15A-ssec.6) Subsection (5) (b) does not limit any other protection applying to the communication. (sec.15A-ssec.7) The provisions of the Evidence Act 1977 relating to the use of an audiovisual link or audio link in criminal proceedings apply for, and are not limited by, subsection (1) . - (a) the court and the place where the offender is present must make facilities available for private communication between the offender and the offender’s representative; and - (b) a communication between the offender and the offender’s representative is as confidential and inadmissible in any proceeding as it would be if it took place between the offender and the offender’s representative while in each other’s presence.