105 Alternative ways of giving evidence

(1)

A Judge may direct, under section 103, that the evidence of a witness is to be given in an alternative way so that—

(a)

the witness gives evidence—

(i)

while in the courtroom but unable to see the defendant or some other specified person; or

(ii)

from an appropriate place outside the courtroom, either in New Zealand or elsewhere; or

(iii)

by a video record made before the hearing of the proceeding:

(b)

any appropriate practical and technical means may be used to enable the Judge, the jury (if any), and any lawyers to see and hear the witness giving evidence, in accordance with any regulations made under section 201:

(c)

in a criminal proceeding, the defendant is able to see and hear the witness, except where the Judge directs otherwise:

(d)

in a proceeding in which a witness anonymity order has been made, effect is given to the terms of that order.

(2)

If a video record of the witness’s evidence is to be shown at the hearing of the proceeding, the Judge must give directions under section 103 as to the manner in which cross-examination and re-examination of the witness is to be conducted.

(3)

The Judge may admit evidence that is given substantially in accordance with the terms of a direction under section 103, despite a failure to observe strictly all of those terms.