Northern Territory Numbered Acts

EVIDENCE OF CHILDREN AMENDMENT ACT 2007 (NO 16 OF 2007) - SECT 12

After section 21D, in Part IIA

insert

21E.     Audiovisual record of evidence of vulnerable witness

    (1)     If a vulnerable witness is to give evidence in criminal proceedings, and facilities are available for making an audiovisual record of the evidence, the Court may direct that an audiovisual record be made of the witness's evidence.

    (2)     An order may be made under this section whether or not special measures are taken for the protection of the witness.

    (3)     An audiovisual record made under this section forms part of the records of the Court.

    (4)     If, in later civil or criminal proceedings, a Court is satisfied that evidence of which an audiovisual record has been made under this section is relevant to the later proceedings, the Court may admit the audiovisual record in evidence.

    (5)     Before the Court admits an audiovisual record in evidence, it may have the record edited to exclude irrelevant material or material that is otherwise inadmissible in the later proceedings.

    (6)     If a Court admits an audiovisual record in evidence under this section, the Court may relieve the witness wholly or in part from an obligation to give evidence in the later proceedings.

21F.     Closure of Court in certain cases

    (1)     The Court is to be closed, in a case involving a charge of a sexual offence or a serious violence offence, while the evidence of a vulnerable witness is being taken.

    (2)     This section extends both to the examination of the vulnerable witness and to the re-play before the Court of an audiovisual record of the witness's evidence.

    (3)     While the Court is closed under this section, a person must not remain in the courtroom, or a place from which the person can overhear the proceedings in the courtroom, without the Court's permission.