Western Australian Current Acts Western Australian Current Acts (1) Where a
prosecution for an offence has commenced in a court, a judge of the court may
make an order that the whole of the evidence (including any cross-examination
and re-examination) of a person (the witness ) whose evidence is or may be
relevant in the prosecution be taken at a special hearing and recorded on a
visual recording.
(2) An order cannot be
made under subsection (1) in respect of a person who is an affected child.
(3) An order may be
made under subsection (1) on application by a party to the prosecution, on
notice to the other parties, or of the court’s own motion.
(4) The grounds on
which an order may be made under subsection (1) are —
(a) that
the witness has been declared to be a special witness under
section 106R(1)(a); or
(b) that
it is likely the witness will be out of the State at the time of the
proceeding for the offence and will not be able to give evidence at the
proceeding by means of a video link or an audio link.
(5) If an order is
made under subsection (1), the order may include —
(a)
directions as to the conduct of the special hearing;
(b)
directions, with or without conditions, as to the persons, or classes of
persons, who are authorised to have possession of the visual recording of the
evidence;
(c)
directions and conditions as to the giving up of possession and as to the
playing, copying or erasure of the recording.
(6) If the witness has
been declared to be a special witness under section 106R(1)(a), subsection (4)
does not affect the operation of sections 106Q and 106R.
(7) The court may at
any time vary or revoke an order in force under this section.
[Section 106RA inserted: No. 84 of 2004 s. 38;
amended: No. 2 of 2008 s. 54.]