New South Wales Consolidated Acts

EVIDENCE (AUDIO AND AUDIO VISUAL LINKS) ACT 1998 - SECT 5BB

5BB Accused detainee to appear by audio visual link in criminal proceedings other than physical appearance proceedings

(1) An accused detainee who is charged with an offence and is required to appear (or be brought or be present) before a NSW court in criminal proceedings concerning the offence (other than physical appearance proceedings) must, unless the court otherwise directs, appear before the court by audio visual link.

Note :
"accused detainee" and
"physical appearance proceedings" are defined in section 3.

(2) Subsection (1) does not apply unless the necessary audio visual links are available or can reasonably be made available.

(3) The court may make a direction under subsection (1) on its own motion or on the application of any party to the proceeding or of any person on behalf of a designated government agency.

(4) The court may make such a direction only if it is satisfied, after taking into account any factors that are relevant in the circumstances of the case together with any factors that are specified in rules of court, that it is in the interests of the administration of justice for the accused detainee to appear physically before the court.

(5) A person who was a child when a direction was made under this section to appear physically before a court is entitled to continue to appear before the court in accordance with the direction even if the person becomes an adult before the conclusion of the proceeding concerned.