Victorian Current Acts

CRIMINAL PROCEDURE ACT 2009 - SECT 364

If the witness is a complainant in a criminal proceeding that relates (wholly or partly) to a charge for a sexual offence and is to give evidence in the courtroom, the court must direct that an arrangement referred to in section 360(b) be made unless the court is satisfied that the complainant—

        (a)     is aware of the right of the complainant to give evidence while screens are used to remove the accused from the direct line of vision of the complainant; and

        (b)     does not wish a screen to be so used.

New s. 365 inserted by No. 68/2009 s. 50.