South Australian Numbered Acts

STATUTES AMENDMENT (COURTS EFFICIENCY REFORMS) ACT 2012 (NO 43 OF 2012) - SECT 11

11—Amendment of section 361—Right of appellant to be present

        (1)         Section 361—after subsection (1) insert:

        (1a)         If an appellant who is in custody is entitled to be present at the hearing of an appeal or an application for permission to appeal or a proceeding preliminary or incidental to an appeal, the entitlement of the appellant to be present at the proceedings will be taken to have been satisfied while there is in operation an audio visual link between the Court and the appellant.

        (1b)         However, subsection (1a) does not apply if the Court determines, on its own initiative or on application by the appellant, that the appellant should be physically present in the courtroom.

        (2)         Section 361—after subsection (2) insert:

        (3)         In this section—

"audio visual link" means a system of 2-way communication linking different places so that a person speaking at any 1 of the places can be seen and heard at the other.