Western Australian Current Acts Western Australian Current Acts (1) Evidence of an
affected child recorded on a visual recording under section 106K or 106N in
relation to a Schedule 7 proceeding is admissible in any hearing in relation
to that proceeding to the same extent as if it were given orally in the
hearing in accordance with the usual rules and practice of the court
concerned.
(2) Evidence of a
special witness recorded on a visual recording under section 106K or 106N in
relation to a proceeding is admissible in any hearing in relation to that
proceeding to the same extent as if it were given orally in the hearing in
accordance with the usual rules and practice of the court concerned.
(2a) If evidence of a
witness is visually recorded under an order made under section 106RA(1) on the
ground in section 106RA(4)(a), the evidence is admissible in any hearing in
relation to the proceeding for the offence concerned to the same extent as if
it were given orally in the hearing in accordance with the usual rules and
practice of the court concerned.
(2b) If evidence of a
witness is visually recorded under an order made under section 106RA(1) on the
ground in section 106RA(4)(b), the evidence is admissible in any hearing in
relation to the proceeding for the offence concerned to the same extent as if
it were given orally in the hearing in accordance with the usual rules and
practice of the court concerned if the court is satisfied at that proceeding
that —
(a) the
witness is dead; or
(b) the
witness’s medical or mental condition is such that the witness is not
able to give evidence, or to give evidence satisfactorily, in the proceeding;
or
(c) the
witness is out of the State and is not able to give evidence at the proceeding
by means of a video link or an audio link, notwithstanding that the witness
might return at some future time; or
(d) that
the witness is being kept out of the way by the accused; or
(e) that
all the parties consent and that the interests of justice do not require the
presence of the witness.
(2c) If under
subsection (2a) or (2b), the evidence of a witness recorded on a visual
recording is admitted into evidence in a hearing, the witness need not be
present at the hearing.
(2d) If there is a
prospect that the witness referred to in subsection (2b) might recover or
return, the court need not admit the evidence but may adjourn the hearing.
(3) A judge of a court
before which it is proposed to adduce evidence on a visual recording under
subsection (1), (2), (2a) or (2b) in a hearing may order that the affected
child or special witness or witness, as the case may be, attend the court for
the purposes of giving further evidence in clarification of the evidence on
the visual recording.
(4) The making of an
order under subsection (3) does not prevent the making of an application under
section 106I or of an order under section 106K, 106N or 106RA in relation to
the giving of the further evidence.
(5) In this section
—
hearing , in relation to a proceeding, means
—
[(a) deleted]
(b) the
trial or hearing of the proceeding; or
(c) a
retrial or rehearing of the proceeding.
[Section 106T inserted: No. 71 of 2000 s. 28;
amended: No. 27 of 2002 s. 33; No. 46 of 2004 s. 14(3), (6) and 22(3); No. 84
of 2004 s. 39.]
[Heading deleted: No. 84 of 2004 s. 41.]
[ 107, 108. Deleted: No. 84 of 2004 s. 41.]
Examination of witnesses outside the State
[Heading inserted: No. 66 of 1987 s. 9.]