Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 21AQ

21AQ Audio visual links or screening arrangements must be used

(1) This section—

(a) applies subject to any order under section 21AR ; and

(b) has effect despite the Criminal Code , section 617 .

(2) If there is an audio visual link within the court precincts, the judicial officer presiding at the proceeding for the giving of evidence by the affected child must direct that—

(a) the child give evidence outside the courtroom and the evidence be transmitted to the courtroom by means of the audio visual link; or

(b) while the child is giving evidence, the defendant be held in a room apart from the courtroom and the evidence be transmitted to that room by means of the audio visual link.

(3) It is not necessary that the place outside the courtroom at which the child gives evidence under subsection (2) (a) be within the court precincts.

(4) If a direction is given under subsection (2) (a) or (b) and the audio visual link enables videorecording, the child’s evidence must be videorecorded.

(5) If a direction can not be given under subsection (2) (a) or (b) , a screen, one-way glass or other thing must be so placed in relation to the child while he or she is giving evidence that the child can not see the defendant.

(6) A videorecording of the child’s evidence made under this section, or a lawfully edited copy of the videorecording, is, unless the relevant court otherwise orders, admissible in—

(a) any rehearing or retrial of, or appeal from, the proceeding; or

(b) another proceeding in the same court for the relevant charge or for another charge arising out of the same, or the same set of, circumstances; or

(c) a civil proceeding arising from the commission of the relevant offence.

(7) A reference in subsection (6) to a videorecording made under this section includes a reference to a copy of the videorecording on a separate data storage medium if—

(a) the videorecording is a digital recording; and

(b) the copy of the videorecording on the separate data storage medium has been made by—

(i) the principal registrar of a court; or

(ii) a person authorised by the principal registrar of a court to copy the videorecording onto the separate data storage medium.