Northern Territory Consolidated Regulations

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SUPREME COURT RULES 1987 - REG 81A.26

Evidence by videoconferencing

    (1)     Evidence may be given by way of a videoconferencing link:

        (a)     on the hearing of a guilty plea;

        (b)     on the hearing of an application in pursuance of section section 189 of the Evidence (National Uniform Legislation) Act 2011 ; or

        (c)     at the trial of an accused.

    (2)     A submission in relation to evidence given by way of a videoconferencing link:

        (a)     on the hearing of a guilty plea; or

        (b)     on the hearing of an application in pursuance of section 189 of the Evidence (National Uniform Legislation) Act 2011 ,

may be heard by way of a videoconferencing link.

    (3)     If the Director or the accused intends to adduce evidence by means of a videoconferencing link, he or she must, not later than 4 weeks before the date fixed for the hearing or trial of the accused:

        (a)     give notice to the other party or the other party's legal representative of his or her intention;

        (b)     file a copy of the notice; and

        (c)     deliver a copy of the notice to the trial Judge's associate or to the criminal registrar.

    (4)     A notice under subrule (3) is to specify:

        (a)     the name of each witness who is to be called;

        (b)     the proposed time of the videoconference; and

        (c)     the anticipated duration of the witness's evidence-in-chief.

    (5)     A party to whom a notice under subrule (3) has been given may, not later than 7 days after receiving the notice, object to the proposal contained in the notice, by filing in the Registry an objection in writing.

    (6)     The objection is to be served on the other party not later than 14 days before the trial or hearing at which the evidence is proposed to be adduced.

    (7)     An objection is to be dealt with by the trial Judge.

    (8)     The party proposing to adduce evidence by means of a videoconferencing link must arrange and pay for the booking of all necessary facilities and other associated costs and expenses.

    (9)     If an objection has not been filed within the period referred to in subrule (5), the proposal to adduce evidence by means of a videoconferencing link is to be taken to have been consented to by both parties.

    (10)     If it is proposed to show to the witness whose evidence is being given by way of a videoconferencing link a document in the course of the examination-in-chief or cross-examination, the party proposing to show the document must provide a copy of the document to the trial Judge's associate in sufficient time to enable the document to be transmitted or sent to the place where the witness will be giving his or her evidence.

    (11)     A document transmitted or sent in accordance with subrule (10) is to be kept in a sealed envelope and not shown to the witness or any other person until counsel for the party proposing to show the document requires the witness to be shown the document while the witness is giving evidence.



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