Northern Territory Numbered Acts

EVIDENCE AND OTHER LEGISLATION AMENDMENT ACT 2020 (NO 3 OF 2020) - SECT 17

(1)     Section 21A(1), (1A) and (2)

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    (1)     In considering whether a witness is a vulnerable witness, the court may have regard to the following matters:

    (a)     any relevant condition or characteristic of the witness, including age, education, ethnic and cultural background, gender, language background and skills, level of maturity and understanding and personality;

    (b)     any mental or physical disability to which the witness is, or appears to be, subject;

    (c)     any relationship between the witness and the defendant to the proceedings;

    (d)     any other matter the court considers relevant.

    (2)     Subject to section 21B, a vulnerable witness is to give evidence at a place outside the courtroom using an audiovisual link, unless:

    (a)     an audiovisual link is not available; or

    (b)     the witness chooses to give evidence in the courtroom.

    (2AB)     Subject to subsection (2) and section 21B, if a vulnerable witness is giving evidence in the courtroom, a screen, partition or one-way glass must be placed so that the witness's view of the defendant is obscured but not the view of the witness by the judge or the jury.

    (2AC)     A witness is entitled to dispense with the use of the screen, partition or one-way glass mentioned in subsection (2AB).

    (2AD)     In addition to the arrangements mentioned in subsections (2) to (2AC), a vulnerable witness is also entitled to the following:

    (a)     for the purpose of providing the vulnerable witness with emotional support – be accompanied by:

        (i)     a relative; or

        (ii)     a friend; or

        (iii)     any other person requested by the vulnerable witness and whom the court considers is in the circumstances appropriate to accompany the vulnerable witness;

    (b)     that the court be closed while evidence is being given by the vulnerable witness in the proceeding (including evidence given under cross-examination) and that no persons remain in or enter a room or place in which the court is being held, or remain within the hearing of the court, without its permission.

(2)     Section 21A(2A) and (2B)

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subsection (2)

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subsection (2AB) or (2AD)

(3)     Section 21A(3)

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subsection (2)(a) or (b)

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subsection (2) or (2AB)

(4)     Section 21A(4)

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subsection (2)(c)

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subsection (2AD)(a)

(5)     Section 21A(5)

omit (all references)

subsection (2)(d)

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subsection (2AD)(b)