Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 21AL

21AL Court to give directions for taking an affected child’s evidence

(1) The judicial officer presiding at the preliminary hearing may make any order the judicial officer considers appropriate in relation to taking and videorecording the affected child’s evidence.

(2) Without limiting subsection (1) , the judicial officer may give directions, with or without conditions, as to the conduct of the preliminary hearing, including directions as to—

(a) whether the child is to be in the courtroom or a separate room when the child’s evidence is being taken; and

(b) the persons who may be present in the same room as the child when the child’s evidence is being taken.

(3) Subsection (2) (b) is subject to section 21AU .

Note—

Section 21AU makes provision about the exclusion of persons while an affected child witness is giving evidence in relation to a relevant offence.

(4) At the preliminary hearing—

(a) the defendant—

(i) must not be in the same room as the child when the child’s evidence is being taken; but

(ii) must be capable of seeing and hearing the child while the child is giving evidence; and

(b) subject to the judicial officer’s control, the child is to give his or her evidence-in-chief and be cross-examined and re-examined; and

(c) except as provided by this subdivision, the usual rules of evidence apply.

(5) The judicial officer may adjourn the hearing from time to time until the taking and videorecording of the child’s evidence is complete.