South Australian Current Acts

EVIDENCE ACT 1929 - SECT 59IQ

59IQ—Appearance etc by audio visual link or audio link

        (1)         A court may, subject to this Division and any relevant rules of court, receive evidence or submissions from a person who is in the State but not physically present in the courtroom by means of an audio visual link or an audio link.

        (2)         The court may administer an oath or affirmation by means of the link for the purpose of taking evidence (and may adapt its normal practice in that regard to the extent necessary in the circumstances).

        (3)         While the link is in operation the person from whom evidence or submissions are taken, and anyone else present in the place from which that person gives evidence or makes submissions, is taken to be before the court.

Any law or rule of practice relevant to contempt of the court applies accordingly.

Any law or rule of practice requiring the personal appearance of a person before the court is taken to be satisfied while the link between the court and the person remains in operation.

        (4)         Subject to any other Act and any relevant rules of court, if a defendant is in custody prior to trial and facilities exist for dealing with proceedings by means of an audio visual link or audio link, the court may, if of the opinion that it is appropriate in the circumstances to do so, deal with the proceedings by audio visual link or audio link without requiring the personal attendance of the defendant.

        (5)         Without limiting the circumstances that a court may take into consideration for the purposes of subsection (4), if the proceeding is the defendant's first appearance before a court in connection with the charge or charges for which the defendant is in custody, the court must take into consideration whether or not the defendant is represented by a legal practitioner or has had the opportunity to obtain legal advice.

        (6)         The court should give the parties a reasonable opportunity to object to the use of an audio visual link or an audio link under this Division (but may, if it is convenient to do so, use the link for the purpose of hearing the objection).

        (7)         In proceedings relating to an offence (other than proceedings to which subsection (4) applies), the prosecuting authority must object to the use by the court of an audio visual link or an audio link if requested to do so by—

            (a)         an alleged victim of the offence; or

            (b)         if an alleged victim of the offence—

                  (i)         is a child—a parent or guardian of the alleged victim; or

                  (ii)         is deceased or unable to represent himself or herself because of some physical or medical condition—a member of the alleged victim's immediate family.

        (8)         In subsection (7)—

"immediate family" of an alleged victim means—

            (a)         a spouse or domestic partner; or

            (b)         a parent or guardian; or

            (c)         a grandparent; or

            (d)         an adult child; or

            (e)         an adult grandchild; or

            (f)         a brother or sister;

"victim", in relation to an offence, means—

            (a)         a person who suffers physical or mental injury, damage or loss as a result of the commission of the offence;

            (b)         a person who suffers psychological injury as a result of being directly involved in the circumstances of the offence or in operations in the immediate aftermath of the offence to deal with its consequences.