Victorian Current Acts

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Special rules applicable to sexual offences

    (1)     This section applies to a committal hearing relating to a charge for a sexual offence, whether or not the committal hearing relates to any other charge against the same or any other person and whether or not it is alleged that there are aggravating circumstances.

    (2)     The informant must be represented by a legal practitioner.

    (3)     While the complainant is giving evidence or a recording of the evidence of the complainant or of his or her examination under section 106 is being played, only the following persons may be present—

        (a)     the informant;

        (b)     the accused;

        (c)     a person whom the complainant wishes to have present for the purpose of providing emotional support to him or her and who is available and approved by the court to be present;

S. 133(3)(ca) inserted by No. 5/2018 s. 27.

        (ca)     a person who is appointed as an intermediary for the complainant;

        (d)     the legal practitioners representing the prosecution and the accused and not more than one assistant for each legal practitioner;

        (e)     the court officials whose presence is required;

        (f)     authorized officers within the meaning of the Court Security Act 1980 whose presence is required for court security purposes;

S. 133(3)(g) amended by No. 69/2009 s. 54(Sch. Pt 2 item 18.1).

        (g)     any person recording the evidence in accordance with Part VI of the Evidence (Miscellaneous Provisions) Act 1958 ;

        (h)     any other person who has been authorised by the Magistrates' Court to be present.

    (4)     The Magistrates' Court must give reasons for authorising a person to be present under subsection (3)(h).

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