6 Additional criteria for allowing use of audio-visual links in criminal proceedings

A judicial officer or Registrar must also consider, when he or she is required to determine under this Act whether or not to allow the use of AVL for the appearance of any participant in a criminal proceeding, the potential impact of the use of the technology on the effective maintenance of the right of the defendant to a fair trial, and on his or her rights associated with the hearing, and, in particular,—

(a)

the ability of the defendant—

(i)

to comprehend the proceedings; and

(ii)

to participate effectively in the conduct of his or her defence; and

(iii)

to consult and instruct counsel privately; and

(iv)

to access relevant evidence; and

(v)

to examine the witnesses for the prosecution; and

(b)

the level of contact the defendant has with other participants; and

(c)

any adverse impression that may arise through the defendant or any other participant appearing by means of AVL, and whether that adverse impression may be mitigated.