Text as at 1 July 2026
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364 When court must direct use of screens for complainant

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Explained inBill clause 364
If the witness is a complainant in a criminal proceeding that relates (wholly or partly) to a charge for a sexual offence and is to give evidence in the courtroom, the court must direct that an arrangement referred to in section 360(b) be made unless the court is satisfied that the complainant—
New s. 364 inserted by No. 68/2009 s. 50, amended by No. 30/2010 s. 69.S. 364 renumbered as s. 417 by No. 68/2009 s. 54(c).
(a)is aware of the right of the complainant to give evidence while screens are used to remove the accused from the direct line of vision of the complainant; and
(b)does not wish a screen to be so used.