116 Judge may make orders and give directions to preserve anonymity of witness

(1)

A Judge who makes an order under section 110 or 112 may, for the purposes of the giving of oral evidence in accordance with an oral evidence order or the trial (as the case may be), also make any orders and give any directions that the Judge considers necessary to preserve the anonymity of the witness, including (without limitation) 1 or more of the following directions:

(a)

that the court be cleared of members of the public:

(b)

that the witness be screened from the defendant:

(c)

that the witness give evidence by closed-circuit television or by video link.

(2)

In considering whether to give directions concerning the mode in which the witness is to give his or her evidence in accordance with an oral evidence order or at the trial, the Judge must have regard to the need to protect the witness while at the same time ensuring a fair hearing for the defendant.

(3)

This section does not limit—

(a)

section 365 of the Criminal Procedure Act 2011 (which confers power to deal with contempt of court); or

(b)

section 197 of the Criminal Procedure Act 2011 (which confers power to clear the court); or

(c)

any power of the court to direct that evidence be given, or to permit evidence to be given, by a particular mode.

Compare: 1908 No 56 s 13G

Section 116(1): amended, on 1 July 2013, by section 5 of the Evidence Amendment Act 2011 (2011 No 89).

Section 116(2): amended, on 1 July 2013, by section 5 of the Evidence Amendment Act 2011 (2011 No 89).

Section 116(3)(a): amended, on 1 July 2013, by section 5 of the Evidence Amendment Act 2011 (2011 No 89).

Section 116(3)(b): amended, on 5 March 2012 (applying in relation to a proceeding for an offence that was commenced before that date), by section 393 of the Criminal Procedure Act 2011 (2011 No 81).