Northern Territory Numbered Acts

EVIDENCE OF CHILDREN AMENDMENT ACT 2007 (NO 16 OF 2007) - SECT 10

Sections 21B and 21C

repeal, substitute

21B.     Evidence of vulnerable witnesses in cases of sexual or serious violence offences

    (1)     This section applies to proceedings for the trial of a sexual offence or a serious violence offence.

    (2)     If a vulnerable witness is to give evidence in proceedings to which this section applies, the Court may exercise one or both of the following powers:

    (a)     the Court may admit a recorded statement in evidence as the witness's evidence in chief or as part of the witness's evidence in chief;

    (b)     the Court may:

        (i)     hold a special sitting for the purpose of conducting the examination, or part of the examination, of the witness; and

        (ii)     have an audiovisual recording made of the examination of the witness at the special sitting and admit the recording in evidence; and

        (iii)     re-play the recording to the jury as the witness's evidence or as part of the witness's evidence (as the case requires).

    (3)     If the prosecutor asks the Court to admit a recorded statement in evidence or to hold a special sitting under subsection (2), the Court must accede to the request unless there is good reason for not doing so.

    (4)     Before the Court admits a recorded statement, or the recording of an examination conducted at a special sitting, in evidence under this section, the Court may have it edited to remove irrelevant or otherwise inadmissible material.

    (5)     A vulnerable witness may (but need not) be present in the courtroom when a recorded statement of evidence of the witness, or an audiovisual recording of the examination (or part of the examination) of the witness, is re-played to the jury.

    (6)     The vulnerable witness's demeanour, and words spoken or sounds made by the vulnerable witness, during the re-play of a recorded statement of evidence or an audiovisual recording of the examination (or part of the examination) of the witness, are not to be observed or overheard in the courtroom unless the vulnerable witness elects to be present in the courtroom for that part of the proceedings.

21C.     Evidence given outside the courtroom

    (1)     If evidence is given outside the courtroom and contemporaneously transmitted to the courtroom, the following provisions apply:

    (a)     the place where the vulnerable witness gives the evidence is taken to be within the precincts of the Court;

    (b)     the Court will determine who is to be present in the same room as the witness while the evidence is given;

    (c)     the Court may give directions:

        (i)     to ensure necessary communication between persons in the courtroom and the vulnerable witness; and

        (ii)     to ensure that images of the defendant are not transmitted to the place where the vulnerable witness is giving evidence; and

        (iii)     to ensure that the witness's evidence is audible in the courtroom and that the Judge, counsel and jury can adequately observe the demeanour of the witness while giving evidence; and

        (iv)     to deal with any incidental matter.

    (2)     If the Court holds a special sitting to take evidence from a vulnerable witness, the following provisions apply:

    (a)     the Court may hold the sitting wherever it thinks appropriate and, if it decides to sit outside the courtroom, the place where the sitting is held is taken to be within the precincts of the Court;

    (b)     in the case of a trial by jury, the special sitting is to be held in the absence of the jury (and may be held before the jury is empanelled);

    (c)     during the examination of the witness, the defendant is not to be present in the same room as the witness, but, if the defendant wants to observe the examination, arrangements are to be made so that:

        (i)     the defendant can contemporaneously hear and observe the witness by audio visual link; and

        (ii)     the defendant (if represented) can communicate with counsel for the defence during the course of the examination;

    (d)     the Court will determine who is to be in the same room as the witness during the course of the examination;

    (e)     the Court may give directions on any matter incidental to the examination or the recording of the examination.

    (3)     If evidence is taken from a vulnerable witness from a place outside the courtroom, but it is necessary for the witness to attend in the courtroom to give identification evidence, the Court must, unless there is good reason to the contrary, defer taking the identification evidence until the witness has completed giving all other evidence.