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Act index » Chapter 8 - General » Part 8.2 - Witnesses » Division 4 - Alternative arrangements for giving evidence
363 When court must direct use of closed-circuit television or other facilities for complainant
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(1)If the witness is a complainant in a criminal proceeding that relates (wholly or partly) to a charge for a sexual offence, the court must direct that an arrangement referred to in section 360(a) be made unless—
(a)the prosecution applies for the complainant to give evidence in the courtroom; and
(b)the court is satisfied that the complainant—
(i)is aware of the right of the complainant to give evidence in another place by closed-circuit television or other facilities; and
(ii)is able and wishes to give evidence in the courtroom.
(2)Subject to subsection (3), if the witness is a complainant in a proceeding that relates (wholly or partly) to a charge for a family violence offence, the court must direct that an arrangement referred to in section 360(a) be made if—