Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (SYSTEM ENHANCEMENTS AND OTHER MATTERS) ACT 2021 (NO. 11 OF 2021) - SECT 9

For section 42K of the Evidence (Miscellaneous Provisions) Act 1958 substitute —

        " 42K     Appearance of adult accused before court other than Magistrates' Court

    (1)         Subject to subsection (2), unless a court makes a direction under section 42L(1), an accused, other than a child, being held in custody who is required to appear, or be brought, before a court other than the Magistrates' Court in a proceeding is not required to appear, or be brought, physically before the court but may appear before it by audio visual link.

    (2)     Unless a court makes a direction under section 42M(1), an accused, other than a child, being held in custody who is required to appear, or be brought, before a court other than the Magistrates' Court on a trial (apart from the arraignment of the accused) or hearing of a charge, is required to appear, or be brought, physically before the court.".