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EVIDENCE ACT 1906 - SECT 106T

106T .         Use of recordings made under s. 106K or 106N

        (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.]



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